The Maldives: Mired in presidential intrigue

“In the end, whether it was a coup or not is academic. The chance to reverse the situation is long gone. Waheed’s government is established,” writes Will Jordan for Al Jazeera.

“But there are two other questions. Was there a conspiracy to cripple Nasheed’s government? And did Gayoom have a hand in bringing Nasheed down?

The evidence is circumstantial.

It centres on what the Danish experts describe as ‘a highly unorthodox meeting’ at the end of January between then Deputy President Waheed and the opposition leaders. Afterwards, opposition figures pledged their allegiance to Waheed.

Two key players in Nasheed’s downfall have also received senior posts. Mohamed Nazim is Defence Minister. Abdulla Riyaz is Minister for State and Home Affairs. They both watched as Nasheed signed his resignation.

Waheed was also fast to reshuffle his government, promoting Gayoom’s son and daughter to the foreign and fisheries ministries respectively.”

Read more.

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CNI report leaves Maldives with “awkward”, “comical” precedent: Nasheed

Additional reporting by Mariyath Mohamed

Former President Mohamed Nasheed has said he accepts the report produced by the Commission of National Inquiry (CNI) subject to the reservations of his member on the Commonwealth-backed commission, Ahmed ‘Gahaa’ Saeed.

The CNI found that there was no coup on February 7, that Nasheed did not resign under duress, and that police and military officers did not mutiny.

Saeed resigned from the commission the evening prior to report’s publication, expressing concern that the CNI had experienced the withholding of evidence, non-cooperation from crucial witnesses, non-examination of witnesses, witnesses being intimidated or obstructed, testimonies and evidence that was not reviewed.  Concern was also expressed over the organisation by the CNI secretariat.

“I believe the Commonwealth Ministerial Action Group (CMAG) will consider the reservations about the CNI’s work that Saeed has noted, and that these issues will also be included in the CMAG report,” Nasheed said, at a press conference this afternoon.

The former President observed that the CNI’s report had effectively set a legal precedent under Maldivian law for the overthrow of an elected government through police or mob action.

This, he said, left the Maldives “in a very awkward, and in many ways, very comical” situation, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

“The pronouncement on the transfer of power was a political announcement – not based on findings or facts. This political pronouncement is based in my view on what would be best for the country from now on, not on exactly what happened that day,” Nasheed said.

“I see the report as a document that tries to map a way forward. The commission was of the view that reinstating my 2008 government would be so messy that it would be best to move forward with another election. So the report has tried so hard to come out with this view through a proper narrative. You will have read the narrative and will understand that at times it is comical, but still, it is a narrative.

“I still am of the view that the commission report has established a precedent which in many ways is not very alien to our past practices. Usually if a mob comes to the palace and stands there for a lengthy amount of time, and if other locals are connected to the mob, the king has very little room to maneuver,” Nasheed said.

“We seem to have been unable to get away from this very feudal system of governance. We were hoping the new constitution would be enlightened enough to give us a system whereby governments would change simply through the ballot box, but it now looks like it was not so simple. I think it will take time before we are able to settle down to more democratic forms.

“My message to the international community is when you recommend issues, situations, solutions programmes and projects to other societies and people, it is so very important to understand the detailed intricacies of the local conditions.

“We still hope elections will be held early, and we will go to elections with a programme, as we always have, and we believe that we will win that election in the first round very handsomely. We have no doubt about that.”

Nasheed noted that all major coalition-aligned parties had signalled their acceptance of the report and its recommendations, including former President Maumoon Abdul Gayoom, Dhivehi Rayithunge Party (DRP) Leader Thasmeen Ali, “and my former vice president Dr Mohamed Waheed Hassan Manik”, and emphasised that one of the major recommendations in the report that they had agreed to was for action taken against unlawful acts committed by the security forces.

“We call for a criminal investigation, and they must then be tried in court and be sentenced as due,” he said.

“We are not surprised, this was one outcome the MDP had predicted. If the report suggested there was no duress [in the resignation] but that there were wrongdoings by the police and military, then all these wrongdoings must be addressed immediately within a period of one month, with the international community’s support in doing so,” Nasheed added.

During his speech at the report’s release on Thursday, President Mohamed Waheed did not reveal the CNI’s fourth finding – that there were “acts of police brutality on February 6, 7 and 8 that must be investigated and pursued further by relevant authorities”.

Referring to the CNI report’s conclusion that the controversial February 7 change of power was “constitutional”, Nasheed said that if this were the case, then he believed that parties who were not included in the victorious 2008 coalition had no right to participate in the current unity government, specifically Gayoom’s Progressive Party of the Maldives (PPM) and the DRP.

Nasheed called for his impending trial at Hulhumale Court – a move recently upheld by the High Court – to be expedited, and also expressed concern at the arbitrary arrest of his supporters for calling police and public officials ‘baghees’ (traitors).

“It is always their hard work that brings things to realisation, that impresses upon everyone the gravity of issues, and if you have a look at who was arrested last night, you can see that the core of them are the intelligentsia of this country,” Nasheed said.

“They are young, highly qualified and they have an opinion. If you want to keep arresting people with an opinion, that says very little about your democratic credentials.”

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CNI criticism will “complicate” resolving all-party talks: Thasmeen

The Dhivehi Rayyithunge Party (DRP) has today welcomed efforts to resume the stalled all-party talks, despite warning that any agreement on resolving political tensions in the Maldives had been “complicated” by opposition criticism of a draft report of the Commission of National Inquiry (CNI).

The all-party talks, which were last held back in June, are one track of the international community’s response to the political turmoil in the Maldives, together with the Commonwealth-backed CNI.

DRP Leader Ahmed Thasmeen Ali said today that his party had no objections to resume these all-party talks and subsequent discussions over the possibility of setting early elections.

However, Thasmeen claimed criticisms of the CNI’s findings by former President Mohamed Nasheed’s own representative on the commission threatened to compromise the chances of finding a potential resolution through dialogue.

The DRP is presently one of several parties serving in the coalition government of President Dr Mohamed Waheed Hassan.

President Waheed announced on Friday (August 24) during an official visit to Sri Lanka that he would be inviting “political parties” to attend fresh all party talks, initially launched to try and resolve an ongoing deadlock in the country surrounding the controversial transfer of power that brought him to office in February.

While welcoming fresh talks, the opposition Maldivian Democratic Party (MDP), which alleges that President Waheed came to power in a “coup d’etat”, has raised several concerns over the “conflicting statements” made by the government concerning talks of early elections and discussions on the potential outcomes of the CNI report.

The independence of the CNI’s report into the events surrounding the transfer of power on February 7 was itself today questioned by former President Mohamed Nasheed’s appointee to the commission, Ahmed ‘Gahaa’ Saeed.

Saeed alleged that certain information and evidence provided to the CNI had been omitted in a draft report of the body’s findings drawn up by the commission’s co-chair.

“There are significant gaps in the draft and it does not include evidence and statements given to the commission by many people. I believe remaining silent on the unfolding of events would be an injustice to this nation and to the people of the Maldives,” he announced today.

“Taking positions”

DRP Leader Thasmeen contended that Saeed’s comments had potentially compromised the success for all-party talks to resolve the current political tensions, as key players had now begun taking positions on the CNI’s findings before they had even been released.

“One party is now making judgements on the CNI, when the whole idea was to set out potential responses to the CNI before its findings are released,” he said. “Now people are changing their positions on how they will respond to the findings and things will be much more complicated on reaching acceptance on the report.”

Thasmeen contended therefore that “regardless of the CNI’s outcome”, all parties should accept its findings.

In moving forward with all-party talks, Thasmeen claimed that the DRP itself had no objections to the nature of potential topics on the agenda – a consideration that had seen earlier all-party talks stall on a number of occasions.

“Preconditions are not healthy in these talks, but today’s events have made things much more complicated now,” he said.

Thasmeen added at the time of press that he had not yet been made aware of whether a formal invite to the all-party talks from the president had been received by the DRP as he had been away travelling.  He added that while the DRP welcomed talks between political representatives “at the highest level”, the party would wait to see who else would be attending the discussions before nominating its own candidate to take part.

The Progressive Party of Maldives (PPM) – a government coalition partner of the DRP – last night announced it would also be accepting President Waheed’s invite to participate in talks.

PPM Leader and former Maldivan President Maumoon Abdul Gayoom told local media that the party’s decision to previously abandon the all-party talks had followed the start of what he claimed were “illegal activities” and protests carried out by the MDP.

PPM Deputy Leader Umar Naseer declined to comment today when contacted by Minivan News about the party’s participation in the talks or its response to the CNI’s findings.

While also welcoming the possibility of fresh talks today, MDP Spokesperson and MP Hamid Abdul Ghafoor claimed that President Waheed had continued to be acting “irresponsibly” by giving conflicting statements regarding his support for talks.  Ghafoor said this was seen particularly in the manner the president had addressed issues such as discussing early elections and the possible outcomes of the CNI.

“[President Waheed] has said in Colombo that is the opposition who are destabilising the country at present, but it is his own conflicting positions that are doing this,” he alleged.

Ghafoor pointed to claims made by the president in both international and local media during his visit to Sri Lanka over the last week that he said showed conflicting viewpoints with his stated desire to resume the talks.  President Waheed and his government in a number of interviews ruled out Commonwealth calls for early elections, as well as maintaining there would be no discussion on the outcome’s of the CNI until its work was completed.

“We would welcome the all-party talks. On August 14 we proposed discussions on three potential outcomes of the CNI. By August 18 we had got a reply from the government, who have since then been giving conflicting statements to the media,” Ghafoor claimed. “[President Waheed] has now called for all parties to join in talks and discuss the previous six point agenda, which includes the issue of early elections. He has also said that early elections are out of the question as the Commonwealth doesn’t understand the present situation.”

Following Saeed’s statement today, the MDP convened an emergency meeting of its National Council, where a resolution expressing concern on the draft CNI report was adopted with unanimous consent.  The resolution was proposed by former minister Mohamed Shihab and seconded by MP Mariya Ahmed Didi,

Despite the party’s criticism of the investigation, Ghafoor contended that there remained time to find consensus among the members of the CNI panel concerning the findings before they were released to the public on Thursday (August 30).

“The CNI report should be something that all its members have to agree upon so without MDP’s word, the report would not be authentic,” Ghafoor said. “There is a draft out there that appears to conclude that there was no police mutiny [on February 7], this is just not acceptable given what the public saw,” he claimed.

President’s Office spokesperson Abbas Adil Riza and Media secretary Masood Imad were not responding to calls by Minivan News at the time of press.

However, speaking to local media following the release of Saeed’s statement today, Abbas claimed that Nasheed’s representative on the CNI panel had “violated” the agreement with the Commonwealth concerning disclosing details of the investigation.

“The Commonwealth agreement Nasheed signed states that a Singaporean judge will reside in CNI. No one must interfere with the work of the commission and also states that everyone must accept the findings of the commission,” he was quoted as saying in newspaper Haveeru. “But the representative from Nasheed sharing the draft report with the public is an indication that Nasheed does not respect any agreement.”

Abbas reportedly added that as a draft report, the CNI members still had room to discuss finalising the findings before their release.

Discussion focus

The previous round of the UN-mediated all-party talks, held at Vice President Waheed Deen’s Bandos Island Resort and Spa in early June, collapsed after parties aligned with the government presented the ousted Maldivian Democratic Party (MDP) with a list of 30 demands.

The list included calls that the MDP “stop practicing black magic and sorcery”, “stop the use of sexual and erotic tools”, and “not walk in groups of more than 10”.

Following the Bandos retreat meeting, Convenor of the All-Party talks, Ahmed Mujuthaba, acknowledged the lack of progress and suggested that “In the end, the most senior political leaders will need to create an atmosphere conducive to discussions, and come together prepared to work in good faith.”

Earlier this month, informal parliament-initiated talks – running parallel to the formal All-Party talks – were deemed to have stalled after participants failed to reach a consensus on resolving wider ongoing political deadlock and the suspension of the People’s Majlis.

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MDP alleges “mutinying” police officers planning Male’ “havoc” as attentions turn to CNI conclusion

The Maldivian Democratic Party (MDP) has alleged mutinying sections of the police plan to create unrest and violence on the streets of male’ as senior politicians begin contemplating the release of findings by the Commission of National Inquiry (CNI) next week.

The opposition party has claimed “rumours”were being spread across the nation by “mutinying” officers that certain sections of the police planned to take to the capital’s streets to create “havoc” as the CNI’s findings were released to the public in order to “protect” the current government. In a statement, the MDP said it was calling on the nation’s police and military institutions to be vigilant over accusations that certain officers may try to use violent tactics to create instability.

The CNI, formed by President Dr Mohamed Waheed Hassan to investigate the controversial transfer of power that brought his government into power on February 7, is set to publicly release its findings on Thursday (August 30).

Senior figures on both sides of the country’s political divide have in recent days been addressing the potential for violence between protesters and national security forces once the outcome of the CNI’s investigation is known.

Speaking to local media this week as part of coverage of his official visit to Sri Lanka, President Waheed said that no party will be allowed to create unrest in relation to the CNI report and its findings.

President Waheed, during the trip, has also continued to reject opposition allegations that he had come to power in a “coup d’etat”, claiming in the international media that the Commonwealth has been “premature” in its calls for elections to be held during 2012.

“Since they made the demand, these people (the Commonwealth) have come to their senses,” the president was reported by the Agence France-Presse (AFP) news service as telling media gathered in Colombo. “The Commonwealth has realised that they made a demand that cannot be met. It was a premature demand.”

The Commonwealth Secretariat was not able to respond to queries by Minivan News at the time of press. President’s Office Spokesperson Abbas Adil Riza was also not responding to calls to clarify the comments.

The president yesterday announced that he would also be inviting political representatives to fresh All Party talks within the next few days. However, the government has maintained that it would not discuss potential outcomes of the CNI until the commission’s findings are released.

The President’s Office last week said the government was not considering “special” preparations to address the findings of the Commission of National Inquiry (CNI), adding it not expect any “abnormal” outcome from the report that would see its legitimacy questioned.

“Irresponsible”

MDP Spokesperson and MP Hamid Abdul Ghafoor has claimed that the government was “irresponsible” for not agreeing a “ managed transition” in order to set out a plan to deal with the potential outcomes from the CNI’s findings.

Despite having previously agreed on August 14 to a proposal to discuss three different potential scenarios regarding the CNI’s conclusions, Ghafoor alleged the government has failed to respond to the suggestion by August 18 as promised by Vice President Mohamed Waheed Deen at the time.

“It is the responsibility of the government to address how to move forward with the CNI outcomes. So far we are the only ones to propose a possible solution,” he said. “What happens if the CNI should rule it was a coup? We would then have a situation where the people who are in power having to take action against themselves.”

However, the MDP’s allegations that certain elements within the police were potentially planning acts of violence in the country were condemned by the Maldives Police Service (MPS) today.

Police Spokesperson Sub-Inspector Hassan Haneef told Minivan New that the party’s comments reflected what it said were attempts by former President Mohamed Nasheed to “erode public trust” in the police and create “fear” among the general public.

“The police are always professional. Right now we are taking precautions regarding information we are receiving,” he claimed

Haneef added that the authorities would be stationing officers around the country, adding that the police would “not tolerate unrest”.

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Nasheed “highest authority liable” for Judge Abdulla detention: HRCM

The Human Rights Commission of the Maldives (HRCM) has concluded former President Mohamed Nasheed was the “highest authority liable” for the military-led detention of Criminal Court Chief Judge Abdulla Mohamed.

Along with Nasheed, the report concluded that the former president’s Defence Minister, Tholhath Ibrahim Kaleyfaanu, was a second key figure responsible for the decision to detain Judge Abdulla on January 16.

The commission stated that the judge was not physically harmed during the 22-day detention at the military training island of Girifushi.  However, the HRCM did claim that the government had “violated his human dignity” and made attempts to manipulate the judge through a psychologist who visited him at the facility where he was detained.

These alleged attempts at manipulation were said to include efforts to remove the judge from his senior position, as well as forcing him to leave the country, the commission’s findings stated.

“The investigation reveals the highest authority liable for the arrest and detention of Judge Abdulla at Girifushi, as well as depriving him of fundamental constitutional rights, is former President Mohamed Nasheed.  Under him was the former Minister of Defence and National Security Tholhath Ibrahim Kaleyfaanu who gave orders to the Maldives National Defence Force (MNDF),” the HRCM added.

“Furthermore, as this operation was carried out by the MNDF, the [commission] believes that the Chief of Defence Force, Moosa Ali Jaleel should take responsibility.  Those who issued unconstitutional orders and those who obeyed the orders must also share responsibility on various levels,” the commission added.

The commission’s findings released on Tuesday (August 21), concluded that Judge Abdulla’s arrest was a clear violation of both the country’s laws and its constitution.  The report also stated that judge’s human rights and fundamental freedoms, guaranteed under international law, were also denied.

HRCM explained that its investigation had found that the pair were both behind the “unlawful orders” to approve the judge’s arrest, which was a violation of article 46 of the Constitution, particularly violation of Article 12 clause (a) of the Judges Act.

Article 44 of the Maldives Constitution states: “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Article 12 clause (a) of the Judges Act states that a judge can be arrested without a court warrant, but only if he is found committing a criminal act. The same article also states that if a judge comes under suspicion of committing a criminal act or being about to commit a criminal act, they can only be taken into custody with a court warrant obtained from a higher court than that of which the judge presently sits on.  This warrant has to be sought by the prosecutor general.

However, the commission observed that the warrant was not obtained.  Additionally, orders to release the judge by the Supreme Court, High Court, the country’s lower courts and the prosecutor general were ignored.

Both Nasheed and Tholhath, alongside former Chief of Defence Force Major General Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are already facing charges for their alleged role in detaining Judge Abdulla in January.

The charges include a breach of article 81 of the Penal Code: “Arresting an innocent person intentionally and unlawfully by a state employee with the legal authority or power vested to him by his position is an offence. Punishment for a person guilty of this offence is imprisonment or banishment for 3 years or a fine of MVR 2000 (US$129.70).”

These charges were filed by the Prosecutor General’s Office in July, based on the findings of HRCM investigation, which were not publicly released at the time.

The judge was arrested by the military on request of police after he blocked a summons to present himself to the police headquarters for questioning and later opened the court outside normal hours to order the immediate release of current Home Minister and Deputy Leader of the Dhivehi Quamee Party Dr Mohamed Jameel Ahmed.  Jameel was arrested after the President’s Office requested an investigation into so-called “slanderous” allegations he made that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.

The government contended that the judge was a “threat to national security” after he lodged an appeal at High Court to cancel police summons, which granted an injunction until it reached a verdict on the appeal.

The Nasheed administration accused the judge of political bias, obstructing police, stalling cases, having links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

In August 2010, the judge was publicly accused by the police of “obstructing high-profile corruption cases.”

However, the commission’s report concluded that its investigation proved that Judge Abdulla was not a threat to national security, on the grounds that no meeting of the National Security Council was held at the time.

The Commission also observed that its requests and attempts to visit Judge Abdullah were unfulfilled by the MNDF and government.  Conversely, it  deemed the arrest as an attempt to “influence” his role as Criminal Court chief judge.

The HRCM report also identified what it called breaches of multiple rights and freedoms of Judge Abdullah during the detention process.  These were said to include; the right to be treated equal before law and right to the equal protection and benefit [article 20];  right to life, liberty and security [article 21]; freedom to travel or move within and outside the country [article 41]; Procedurally Fair and and lawful administrative action [article 43];  the right to be to be informed immediately of the reasons for detention and to be brought within24 hours before a Judge [article 48(a) and  (d) ]; right to the assistance of legal counsel [article 53] and no subjection to cruel, inhumane or degrading treatment or punishment, or to torture under [article 54].

Furthermore, it noted that the arrest of the Judge contravened section 8 of the Universal Declaration of Human Rights which states: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”

Furthermore, violations were said to include, the right he “not be subjected to arbitrary arrest, detention or exile” [section 9] and similarly not being subjected to arbitrary interference with his privacy, family, home or correspondence, nor to suffer attacks upon a person’s honour and reputation. Everyone has the right to the protection of the law against such interference or attacks [section 12].

HRCM has also observed that “anyone who is deprived of their liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful” under section 9(d) of the International Covenant on Civil and Political Rights and the same declaration, section 10(a) states that: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”

It also states that the “Declaration on the Protection of all Persons from Enforced Disappearance” prohibits the arrest, detention or abduction of a person against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.

“Therefore, the [arrest of Judge Abdullah] was carried out in contravention of the aforementioned rights and freedoms guaranteed under the international declarations.” the HRCM concluded.

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HRCM findings will reflect CNI conclusions on transfer of power: President’s Office

The government will not make “special” preparations to address the findings of the Commission of National Inquiry (CNI) once they are published next week, claiming it does not expect any “abnormal” outcome from the report that would see its legitimacy questioned.

President’s Office Spokesperson Abbas Adil Riza today told Minivan News that while it did not wish to speculate on the CNI’s outcome before receiving its findings on August 29, the government expected similar conclusions regarding the transfer of power to those of the Human Rights Commission of the Maldives (HRCM).

The opposition Maldivian Democratic Party (MDP) has dismissed the government’s claims, adding that the CNI was an independent body, overseen by international partners, and would therefore focus on the “big picture” concerning the power transfer, rather than any individual report.

The HRCM yesterday publicly released several reports around alleged human rights abuses committed in the lead up to February 7, as well as reported violations that occurred once the government of President Dr Mohamed Waheed Hassan came into power on February 8.

Among some of the key findings of the reports were that former President Nasheed gave “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6. The HRCM also concluded that the Maldives Police Service needed to investigate alleged brutality conducted by its own officers after the transfer of power.

The HRCM’s findings are expected to be taken into consideration by the panel currently overseeing the CNI, which includes members appointed by President Waheed and a representative for former President Mohamed Nasheed. Under its reformed composition, the CNI is also co-chaired by retired Singaporean judge Govinda Pannir Selvam. Representatives from the United Nations and the Commonwealth will also advise the CNI’s work.

The CNI was initially established by President Dr Mohamed Waheed Hassan to investigate the details of February’s controversial transfer of power, before having its board reconstituted following international and domestic pressure.

Potential outcomes

With the government expected to receive the CNI’s report on August 29 – a day before it will be released to the public – Abbas Adil Riza said that the President’s Office saw “no need” to devise plans to address the potential outcomes of the CNI.

“The HRCM report has proven what we have always maintained about how this government came to power. We expect similar findings [from the CNI] that the previous chief executive displayed gross negligence and a violation of laws. We don’t expect a different stand,” he claimed. “However, on the basis of the CNI report, we will take necessary actions against any criminal behaviour found to have been committed at the time, should issues be raised.”

Abbas added that elections were therefore still scheduled for July 2013. Both the MDP and the Commonwealth Ministerial Acton Group (CMAG) have called for early elections to be held during 2012 to resolve the increasingly bittier political divide in the country.

With President Waheed expected to travel to Sri Lanka tomorrow for a postponed state visit, Abbas claimed that no discussions regarding the CNI and its outcomes were planned with Sri Lankan President Rajapaksa.

He added that the visit would therefore be focused on high-level talks concerning wider bilateral relations and commercial opportunities between the two nations.

“Out of context”

Responding to the release yesterday of the HRCM’s findings, MDP Spokesperson and MP Hamid Abdul Ghafoor said the party’s “experts” were studying the individual reports at present before making comment.

However, on a first glance basis, he accused the HRCM of publishing a “convoluted array of statements” that were additionally “out of context” with wider happenings during the transfer of power.

“The report accuses [former] President Nasheed of issuing unconstitutional orders, the whole thing is out of context and frozen over a 48 hour period,” he said. “At this stage, I would say there are many oversights in these findings.”

Ghafoor added that Abbas’ claims that the CNI would draw a similar conclusion to the HRCM’s findings reflected the position taken by Umar Naseer, Interim Deputy Leader of the government-aligned Progressive Party of Maldives (PPM).

On Sunday (August 19), Naseer leaked details of the HRCM’s findings before they had been released publicly, focusing on claims that Nasheed had given “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6.

He added that the HRCM report concluded that the MNDF and police officers at the Artificial Beach area were “unlawfully” ordered to leave the area, which led to a breakdown in command and control of the security forces.

The HRCM report was also said by Naseer to conclude that Nasheed’s orders to leave the area violated article 245 of the constitution, by obstructing security forces from fulfilling their lawful duties.

However, Ghafoor added that he was “not concerned” that the HRCM’s findings would lead the CNI to dismiss the MDP’s allegation that it was removed from office in a “coup d’etat”.

He claimed that due to international participation, the CNI, as an independent body, was well placed to view the HRCM report in the wider context of Maldivian politics. Ghafoor claimed that the CNI would be aware of alleged concerns over the conduct of the country’s independent institutions to do their work without political influence.

Ghafoor alleged that during the last three years, the majority of former opposition, now government-aligned, MPs had allowed the country’s independent institutions to be “shielded” from scrutiny concerning the outcomes of their work.

“The HRCM has always been a source of problems concerning independence” he claimed. “You just need to look at its failure to investigate the atrocities committed under the former government [of President Maumoon Abdul Gayoom].”

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Dr Hassan Saeed slams the “Island President” with new book

Dr Hassan Saeed, Special Advisor to President Dr Mohamed Wahhed Hassan and Leader of the government-aligned Dhivehi Quamee Party (DQP) has this week published a book entitled, “Democracy betrayed: behind the mask of the island President”.  The publication is written about former President Mohamed Nasheed, who contends that he was removed from office in a “coup d’etat” earlier this year.

Speaking to local media at the book’s launch at the studios of private broadcaster Villa Television (VTV) this week, DQP Secretary General Abdullah Ameen claimed the publication detailed reasons why Nasheed had to resign during February’s controversial transfer of power.

According to the Sun Online news agency, Ameen said the reasons mentioned in the book included the controversial detention of Criminal Court Chief Judge Abdulla Mohamed and allegations that Nasheed wished to “destroy the values of Islam” in the country.

Both Ameen and the book’s author, Dr Saeed were not responding to calls from Minivan News at the time of press concerning the publication.

However, DQP MP Riyaz Rasheed told Minivan News today that he would be able to discuss the book upon his return to Male’ next week.

Previous publications

In the months running up to the controversial transfer of power on February 7 that saw Nasheed resign from office – a decision he later claimed was made under duress – the DQP had published a pamphlet about the former president entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

The former government slammed the publication at the time for containing “extremist, bigoted and hate-filled rhetoric”. The publication also led to successive attempts by the Nasheed administration to arrest two senior members of the party and sparked a debate on freedom of expression and hate speech in the Maldives.

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International community “aligned” on plans to address Maldives’ instability: MDP

Maldivian Democratic Party (MDP) representatives have claimed the international community favours pursuing a settlement with the Maldives government to resolve ongoing political instability before next week’s publication of the Commission of National Inquiry’s (CNI’s) findings.

Observing ongoing dialogue between the international community and local political figures, MDP MP and spokesperson Hamid Abdul Ghafoor claimed that the opinions of foreign governments on how to resolve the country’s political deadlock were “now aligned” largely with the stance currently held by the Commonwealth.

He claimed additionally that key regional players such as India appeared committed to “negotiating a settlement” on resolving political disputes that have resulted in the breakdown of political talks and the temporary suspension of the country’s parliament over the last month.

While currently travelling, President’s Office Media Secretary Masood Imad told Minivan News by SMS today that there had been no discussions on any settlement with foreign governments regarding potential commitments it would take following the outcome of the CNI.

The CNI was initially established by President Dr Mohamed Waheed Hassan to investigate the details of February’s controversial transfer of power.

The Maldivian government said earlier this month that in the interests of not interfering with the work of the CNI, it would not hold any dialogue on the commission’s findings until its report was published.

Former President Mohamed Nasheed this week told local media that talks had been held with “prominent officials” in the respective government’s of Sri Lanka and India about the MDP’s strategy on how to proceed regarding its calls for early elections following the release of the CNI’s findings.

MDP spokesperson Ghafoor said he was unable to add any further details to Nasheed’s comments, claiming the “bigger picture” of ongoing international discussions reflected a mutual commitment to resolve political deadlock through dialogue and commitments to early elections.

He added that through ongoing dialogue with government representatives, its coalition partners, and the country’s political opposition, international opinion now generally favoured the stance taken by the Commonwealth Ministerial Action Group (CMAG).

“CMAG has reached a binding decision that has called for early elections, an independent investigation into the transfer of power and dialogue between national stakeholders” he said. “This is position we are seeing shared between a number of international partners. “

With just over a week until the CNI releases its findings, Ghafoor alleged that parliamentary representatives within President Waheed’s coalition government had not forwarded any potential resolutions to resolve the stalled political process.

“[The president] must remember that there are ten days to try to come to a resolution and their biggest demand so far is to cease protests, a commitment that we have carried out,” he claimed.

Despite the MDP’s claims of ceasing street protests, President’s Office Spokesperson Abbas Adil Riza claimed on Saturday (August 18) that the “harassment” of state officials by opposition party members was continuing.

Abbas told Minivan New that President Waheed was committed to taking part in roadmap talks between government-aligned parties and the MDP to try and overcome the country’s political deadlock, but only when he was confident the opposition had stopped its alleged harassment.

President Waheed also reiterated to local media over the weekend that the government would not discuss any outcome of the CNI until the body concluded its work later this month.

The CNI is scheduled to publish its report by August 29 on the events leading to Dr Waheed assuming the presidency . The report will first be made available to the authorities and to the Prosecutor General (PG). The public will be given access to the findings on August 30.

Abbas stressed that the government was committed to not “intervene” in the inquiry’s work, as it had been set up, and later amended under international pressure, to operate without state interference.

“The outcome will be respected by the country’s various institutions such as the Prosecutor General’s Office, the Human Rights Commission and the Police Integrity Commission,” he said.

Senior representatives from several government-aligned parties were not available for comment when contacted today about their plans following the publication of the CNI report.

Dhivehi Rayyithunge Party (DRP) leader Ahmed Thasmeen Ali and Deputy Leader Ibrahim Shareef both had their phones switched off at the time of press.

Jumhoree Party (JP) MP Abdulla Jabir said he was presently travelling and would contact Minivan News once he returned.

Meanwhile, Progressive Party of Maldives (PPM) Interim Deputy Leader Umar Naseer and MP Ahmed Mahlouf were not answering calls at the time of the press.

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‘I will not take action against army in relation to CNI’: Defence Minister

“I will not take any action against the army in relation to that [Commission of National Inquiry] report,” said Defence Minister Mohamed Nazim, according to an audio clip leaked by Rajje TV.

Nazim has confirmed to local media that the recording was taken during a speech given to the Maldives National Defence Force (MNDF) soldiers on Wednesday night, saying that a full transcript would soon be made available on the MNDF’s website.

Speaking with Minivan News today, Nazim clarified his comments.

“As we have seen on numerous video footage, a very small number of very junior ranked soldiers of MNDF may have acted outside the bounds of law on 7 February. However, the situation at that moment was very chaotic, and there was no command and control over them and they were not following any orders,” he said.

“They were doing what they thought was right in the absence of orders. Therefore, it does not make any sense to take any action against these very junior ranked soldiers, who may not have realised the implications of their actions at the time,” continued Nazim.

The Commission of National Inquiry (CNI), created by presidential decree in order to investigate the circumstances surrounding the resignation of former President Mohamed Nasheed, is scheduled to publish its report on August 30.

Elements of the military, including Nazim himself- a civilian at the time, have been implicated in the alleged coup that led former Vice President Dr Mohamed Waheed Hassan take over the country’s leadership.

Reports produced by the (pre-reform) CNI and the Maldivian Democratic Party (MDP) attest to the heavy involvement of MNDF troops in the transfer of power.

Hours before former President Mohamed Nasheed’s resignation on February 7, uniformed police and 60-70 officers from the MNDF were filmed joining with opposition protesters and attacking military headquarters.

Nazim told the press in June that an internal MNDF investigation into the events had been completed, although he opted not to disclose the details for fear of influencing the CNI’s ongoing investigations.

Military anxiety

Nazim explained that the publication of the report was prompting particular concern amongst the MNDF’s ranks, due to fears that it may spark further violence.

“There is no more anxiety among the ranks of MNDF pending the CONI report than there is among the general public. Our only concern is that the Maldivian Democratic Party has declared that it will take to the streets of Male’ once the report is published, regardless of the outcome,” he said.

The MDP last week announced it would continue its protests until any person implicated in the CNI report was brought to justice.

The CNI’s work does not constitute a criminal investigation and its findings will be forwarded to the relevant government departments before being released to the public.

“Once its findings are published, it is up to the relevant authorities to take any action if necessary,” said Nazim.

Last week, former President Nasheed released a statement expressing his dismay at the flurry of recent dismissals from within the MNDF and the Police force.

“It saddens me to note that during the past six months, senior officers of these institutions have been unfairly dismissed and continuously intimidated,” said Nasheed.

Deputy Commander of Medical Services of MNDF, Captain Dr. Dr Fathmath Thahsyna Ibrahim was removed from her post as Deputy Commander of Medical Services after expressing outrage on social media after her father was allegedly injured by an MNDF officer during a protest on August 2.

In an excerpt from Wednesday night’s speech already available on the MNDF’s website, Nazim urged all soldiers to be vigilant and to avoid “spreading false gossip” via social media.

On July 16 Brigadier General Ibrahim Didi, a national hero following his exploits in preventing an attempted coup in 1988, resigned “prematurely” after the government filed charges against him for the detention of Chief Criminal Court Judge Abdulla Mohamed.

Chief of Defense Force under Nasheed, Major General Moosa Ali Jaleel and Vice Chief of Defense Force, Farhath Shaheer, resigned from the MNDF shortly after Nasheed’s departure.

In Nasheed’s statement, he urged the military not to promote, demote, dismiss or intimidate any of its soldiers, but to wait for the CNI to conclude.

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