Court bans former President Nasheed from travelling abroad

Former President Mohamed Nasheed has said that the travel ban imposed against him will hinder his political campaign and party work.

Speaking to the Times of India, Nasheed stated that despite ending his 11-day stay at the Indian High Commission in Male’ last month, he was still not entirely free, adding that he “fears” an arrest warrant will be issued against him “any day”.

The former President sought refuge inside the High Commission building on February 13 after Hulhumale’ Magistrate Court ordered police to produce Nasheed at his trial hearing scheduled for later that day.

Nasheed has maintained that the charges against him – of detaining the Chief Criminal Court Judge during his final days in office – are a politically-motivated effort to prevent him contesting the 2013 elections.

Nasheed spent 11 days inside the commission building before making an unannounced exit on February 23, after a “deal” had allegedly been brokered between both Indian and Maldivian governments.

Despite Nasheed’s exit from the commission, the former President has now stated that the travel ban imposed by Hulhumale’ court – prohibiting him from leaving Male’ – shows the “politically motivated nature of the court”.

“I believe the Indian government is worried that if there isn’t a free, fair and inclusive election, there will be instability in the Maldives.

“However, if I am not allowed to travel outside Male and campaign, it means that there is no firmness to the understanding brokered by India. I fear the court might even issue a warrant against me any day,” Nasheed was quoted as saying in Times of India.

The former President claimed that there had been an understanding – rather than a deal – between the two governments that he would be able to conduct a peaceful political campaign and would participate in an inclusive election.

“The charges would not be dropped against me, but even if I became the president after the elections, the law would take its course. On my part I would create space for the Indian and Maldivian governments to settle the issue,” Nasheed said.

Despite Nasheed’s claims, an official from the Judiciary Media Unit told local media last month that the court had denied Nasheed’s request as he had not cooperated with the court on previous instances.

Responding to a question about President Mohamed Waheed Hassan Manik’s stance on the matter, Nasheed told Times of India that the President has yet to say anything.

“As president, he [President Waheed] should say clearly that the case against me is deferred. This deliberately created situation of suspended animation is going to harm our campaign,” Nasheed said.

President’s Office Spokespeople Masood Imad and Ahmed ‘Topy’ Thaufeeq were not responding to calls from Minivan News at time of press.

An official from the Judiciary Media Unit told Minivan News that he would attempt to find out more information regarding the length of Nasheed’s travel ban, however he was not responding to follow-up calls at time of press.

The former President was invited to be the guest of honour at the opening of the Cultural Season 2013 in Abu Dhabi in the UAE, by Sheikh Nahayan Mabarak Al Nahayan, Minister of Higher Education and Scientific Research.

Nasheed was also due to meet Commonwealth Secretary General Kamalesh Sharma, and was to visit Denmark on the invitation of the Danish government.

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“So horrific that it’s hard to believe”: Amnesty International launches petition to overturn “disgraceful” flogging sentence

Amnesty International has launched a petition calling on the Maldivian government to overturn a court ruling sentencing a 15 year-old rape victim to 100 lashes for an unrelated fornication offence.

The story of the girl from Feydhoo in Shaviyani Atoll, who was convicted of premarital sex in the Juvenile Court February 26 and sentenced to 100 lashes and eight months of house arrest, has been reported by media around the world and been widely condemned by international NGOs and embassies.

“It’s so horrific that it’s hard to believe it’s true: a 15 year old rape survivor has been sentenced to 100 lashes for ‘fornication’ in the Maldives,” stated Amnesty International, which has followed the case since January.

“The traumatised girl was allegedly sexually abused by her step-father for many years. He has since been charged with sexually assaulting a minor. During the investigation however, authorities came across evidence to support separate charges of fornication against the girl for pre-marital sex,” Amnesty stated, demanding the government overturn the “disgraceful” sentence.

The Maldivian government – which is currently vying for re-election to the UN Human Rights Council, launched its campaign in Geneva on February 28 on a platform of “women and children’s rights and the rights of persons with disability” – expressed “deep concern” at the decision to prosecute the girl.

“Though the flogging will be deferred until the girl turns 18, the government believes she is the victim of sexual abuse and should be treated as such by the state and the society and therefore, her rights should be fully protected,” said the President’s Office in a statement.

“The government is of the view that the case merits appeal. The girl is under state care and the government will facilitate and supervise her appeal of the case, via the girl’s lawyer, to ensure that justice is done and her rights are protected,” the statement added.

Amnesty International welcomed the government’s stated commitment, but noted that “at this stage she is still facing flogging. We need to keep the pressure up to remove flogging as a form of punishment in her case and all cases in the Maldives.”

Foreign Minister Dr Abdul Samad Abdulla meanwhile announced on state broadcaster Television Maldives (TVM) that the girl had post traumatic stress disorder and certain medical issues, according to local media.

“The girl was abused since she was 12 until she turned 15, so multiple times for three years. She was abused by her stepfather. She has said that her baby was murdered. You can imagine the mental status of a child in this situation. She suffers from this condition,” local media reported Dr Samad as saying.

According to Sun Online, Dr Samad said the international community was not fully informed about the reason for the girl’s sentence, which was not due to her abuse by her stepfather, but her confessed fornication with another man.

He also warned that a failure to unite as a country during times of such international criticism would provide opportunities for “groups that want to harm the country,” Sun reported.

The government’s denouncement of the sentence is meanwhile at odds with its endorsement by the Adaathath Party, members of which make up the majority of the Ministry of Islamic Affairs.

“The purpose of penalties like these in Islamic Sharia is to maintain order in society and to save it from sinful acts. It is not at all an act of violence. We must turn a deaf ear to the international organisations which are calling to abolish these penalties, labeling them degrading and inhumane acts or torture,” the party said in a statement.

“Furthermore, Allah has decreed that expressing disapproval of issues such as this contradicts with faith in Islam,” the statement continued, quoting verses from the Quran.

“Allah has also commanded that we show no kindness when implementing these penalties,” the party added.

Flogging and politics

UN Human Rights Commissioner Navi Pillay in an address to the Maldivian parliament in November 2011 urged the government to issue a moratorium on sentencing women to flogging for extra-marital sex.

“This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country,” Pillay stated.

Her comments were condemned by religious groups in the Maldives, with protesters urging authorities to arrest the UN High Commissioner and gathering outside the United Nations carrying signboards with slogans such as “Islam is not a toy,” “Ban UN” and “Flog Pillay”.

A presidential state apology for allowing Pillay to speak to parliament was one of the five demands of the December 23 coalition [of 2011], a mass gathering in the capital Male’ that saw the fractured opposition unite against President Nasheed on the pretext of protecting Islam.

Following the fall of Nasheed’s government on February 7 2012, government-aligned Progressive Party of the Maldives (PPM) MP Abdul Azeez Jamal Abu Bakr withdrew the Pillay apology petition in parliament.

Amnesty International’s petition:

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Will form large coalition to “shock” Nasheed if elected: PPM Umar Naseer

Progressive Party of Maldives (PPM) presidential primary candidate Umar Naseer has revealed he intends to form a multi-party coalition should he win the PPM presidential election.

Speaking at artificial beach on Friday night (March 1) as part of his campaign rally, Naseer announced that a “wide coalition” must be formed in order to defeat the Maldivian Democratic Party (MDP) in the elections scheduled for later this year, local media reported.

Latest figures from the political party registry of the Elections Commission (EC) show that PPM currently has 22,765 members signed to its party – 23,769 members less than the MDP’s 46,533 total membership.

“It is not the way these days to do things on your own. If you give me the PPM leadership, I will form a wide coalition, God willing.

“I will attain this country’s power through a coalition that will shock Mohamed Nasheed,” Naseer was quoted as saying by Sun Online.

When Minivan News attempted to contact Umar Naseer today (February 2), his secretary stated: “Umar said we are not sharing any information with Minivan News”.

Speaking at the rally, Naseer claimed that Dhivehi Rayyithunge Party’s (DRP) refusal to form a coalition during the second round of the 2008 presidential elections had been a mistake, further claiming that should DRP decided otherwise, the MDP may not have achieved power in 2008.

“It is possible that Mohamed Nasheed could not have been able to get the last three years if the DRP had reached to other parties and formed a coalition.

“It was a strategic mistake we made that day, to not work with parties. PPM shall not make such a mistake,” Naseer said.

The PPM presidential primary candidate claimed there is now a need for leaders to work against the MDP from coming to power, assuring that he will make the effort if he wins the PPM ticket, local media reported.

Last month, the Progressive Party of Maldives (PPM) called on the Elections Commission (EC) to dissolve the Maldivian Democratic Party (MDP), calling it a “terrorism party”.

“There is the fear that MDP might come to power again. They are planning it very well. They even have the money. They are still a threat.

“This country needs strong leaders. Because this country is still not rid of MDP’s threat. I would like to tell you that if you give me the votes and elect me, I will achieve this for you,” local media reported Naseer as saying.

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Summary: Former President’s testimony on February 7 transfer of power

This article first appeared on Dhivehisitee. Republished with permission.

On 4 July, 2012, Mohamed Nasheed, President of the Maldives until  February 7 that year, testified at the Commission of National Inquiry (CoNI) on how his government came to an end. Present were co-chairs of the Commission Justice Selvam and Ismail Shafeeu, members Dr Ibrahim Yasir, Dr Fawaz Shareef and Ahmed Saeed. Observing for the international community were Sir Bruce Robertson and Professor John Packer.

In essence, my statement is very small… I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign.

Despite CoNI being a national inquiry looking into the highly suspicious end of a government elected by the people, all testimonies collected have been kept from the public. Having come into possession of a copy of the transcript of Nasheed’s spoken testimony to CoNI on 4 July, I have summarised its contents and shared it with you here. What is contained here is not Nasheed’s entire testimony that day, but only the parts concerning the last few hours of his presidency. Care has been taken, however, to ensure no information has been taken taken out of context, added, or deleted from the text and to remain faithful to Nasheed’s words as contained in the transcript.

President Mohamed Nasheed arrived at Bandaara Koshi at 5:00 am on 7 February 2012. Operation Liberty Shield was supposedly underway, but the place was almost deserted. About 300 personnel in total, most of them in plainclothes, milled about lethargically. There were several generals present—Chief of Defence Moosa Jaleel, General Shiyam, General Nilam, General Ibrahim Didi. The military HQ was on red alert, but most of the generals looked as if they were on holiday.

From the late evening of 6 February, Nasheed had been busy trying to control the situation from Mulee Aage, his residence. Judging from police behaviour during protests on the preceding days, the President was convinced the police must be removed from the scene. He knew plans were afoot to have his government illegally overthrown in a coup. A week earlier, he received a seven page letter from military intelligence. It outlined in detail a plot to illegally overthrow the government.

Attempting to control the situation on the evening of February 6, he had two major concerns: the police might attack MDP supporters, and they might attack the military. On hindsight, the president would come to see that he could also have arranged for MDP supporters to disperse. Other actions would have led to other consequences. But, at that moment in time, he trusted his supporters to maintain order more than he did the police. He was assured by the MDP MP leading the protests there would be no disruptions.

He ordered the police to be removed and for the military to takeover.

Seven hours later, the military was yet to take any action.

The President felt he must go to the scene. He needed to see for himself, assess what was happening. That is the kind of person he was.

Before he left, he checked with the military personnel inside the headquarters.

“We have the capacity to bring out a 1000 troops,” they assured, beckoning him.

Nasheed walked to the HQ. What he found were the generals who looked as if they were on vacation, and no plan of attack. He had suspected as much. As a history enthusiast, he had studied in detail every coup that took place on the islands in the past 200 years.

He could read the signs, he knew when a coup was brewing.

**********

Inside, Nasheed met with his Home Minister Afeef, Defence Minister Tholhath, and Commissioner of Police Ahmed Faseeh.

“What should I do?” he asked them each individually.

Each replied the police must be restrained, arrested.

Twice, the military advanced only to retreat shortly afterwards. They treated the police with kid-gloves, there was no command. As the situation deteriorated, Nasheed rang the Chief Justice and the Speaker of Parliament. He felt that all organs of the state should be present at such a crisis. Both men agreed to come.

Nasheed also rang various MDP MPs, requesting their help at the scene. And, he made several attempts to contact the Vice President.

“But, of course,” those attempts were futile.

“The Vice President should be behind the President at a time like this,” Nasheed thought. “He should have come on his accord to be here.”

Waheed did not come. Nor did he answer the phone. Perhaps he was asleep? He was still up at 2:00 a.m. in the morning, Nasheed knew. The Vice President had appeared on television then, with a statement on the events.

Incidentally, Nasheed’s wife Laila and Waheed’s wife Ilham shared the same make-up artist. Whatever the whereabouts of Waheed, through his wife’s beautician, Nasheed would later learn that by 7:00 am of 7 February, Ilham was groomed for a special occasion.

In the early hours of 31 January, Waheed had met with the opposition in his home. Nasheed sought him out in the intervening period, but Waheed avoided him. The Vice President provided the President with neither advice nor assistance. When quizzed by Ministers in their government, Waheed refused to share any information about his meeting with the opposition.

Speaker Shahid and Chief Justice Faiz never turned up.

Some MPs did respond to Nasheed’s call for help. From his vantage point inside the military headquarters, Nasheed saw how each were beaten up. The attacks on individuals soon became a barrage, spreading across the entire area. It was to continue for the next two hours.

“In the net”

Inside the headquarters, the President’s phone had very little reception. It was not because the signal was jammed, although it should have been. Jamming the signal and providing him with another phone would have been a good strategy, Nasheed thought. He saw General Shiyam on the phone, sending a constant stream of text messages and receiving many phone calls. “Who but the President should Shiyam be in touch with at that moment in time?” Nasheed wondered.

Despite the bad reception, from time to time, President Nasheed received updates from members of his government and MDP. He heard about MNBC One being under attack. He heard police and military had taken over the airport, had control of the immigration counters.

He also heard Gayoom was up all night, co-ordinating the anti-government efforts from Malaysia. According to reports Nasheed received, on receiving news that he was at the military headquarters Gayoom said, “He is in the net.”

For all intents and purposes, Nasheed was now a captive, falsely imprisoned inside the military headquarters. His security detail, the Special Protection Group [SPG], were guards, not protectors. Their leadership was changed the day before, a man called Rauf replaced the former Chief. Rauf was in charge of protecting the President and his family, but, all day he languished outside the gates. No assurances of safety were forthcoming from him.

**********

Through the course of the next two hours, Nasheed went up and came down several times. He saw MP Mariya Didi being attacked. It was astounding. He saw the Deputy Minister being attacked. He saw other MPs assaulted. He saw the police headquarters being attacked.

[Between 7:00 and 8:00 in the morning] Nasheed went outside to speak to the mutinying police. His Police Commissioner no longer believed they were police, and refused to negotiate with them. Nasheed’s attempt was in vain. He could not agree to their demands for a pardon. It was not that he didn’t have the power or the authority.

“But”, he thought, “who am I to pardon before an investigation?”

Still, he promised them he would do his best for them. His promise went unheeded by the mutineers.

Inside the military HQ, he tried to talk to the soldiers. He had tried to do the same earlier, when he took a walk inside the premises shortly after his arrival. Some of the soldiers were playing chess, he noticed. Before he could conclude his walk, General Shiyam had intercepted him.

“They don’t want you to be walking around here,” the General said. He did not give a reason. It was possible soldiers of lower ranks had been told not to obey the President’s orders.

This time he met with about fifty soldiers from the lower ranks.

“You are taking the country to the dogs. You must do something,” he wanted to tell them.

“My wife is being attacked by MDP supporters,” one of them replied.

“A policeman has been murdered,” said another.

“That is not true. We don’t do that. We are a party in government and we govern,” the President responded.

“Will you come out with me to restrain a rebellious force?” he asked.

“If even 10-20 people agreed, I will lead them out,” the President thought.

Only one of them was willing. The rest said the President should resign.

*********

Nasheed saw police re-enforcements arriving in Male’ on speedboats. The boats belonged to Gasim Ibrahim’s Villa company.

“Strange,” he thought. Never in his position as Commander in Chief had he ordered the security forces to use Gasim’s vessels. All of them were in uniform.

“We will lynch you. We will hang you,” Nasheed heard them. They had ropes.

The violence escalated to a level Nasheed had never imagined he would see in the Maldives.

“I am going to die right now if I don’t resign”, he thought. Naseem [former foreign minister Mohamed Naseem] arrived.

“Mohamed Amin was standing right here when he was lynched,” Nasheed remarked. Amin was the first president of the Maldives. His bloody end in the hands of an angry mob is described in the recently published Orchid, reminding the public afresh of violence past.

Nasheed contemplated his options. He could go out and face the crowd, leave the rest to God.

“Please don’t do that,” Naseem pleaded with Nasheed. The Minister was crying. Both of them had grown up listening to the stories of Amin’s lynching. MP Riyaz joined Naseem’s plea.

“You are being silly. You don’t need to die today. There will be a tomorrow.”

**********

“Back off! We are opening the gate!” the President heard.

Nazim, Riyaz and Fayaz walked into the HQ when the gates, earlier shut under a direct order from the Presdent, were opened. There was no reason for them to be in the building, no capacity in which they could legally enter the premises.

The President knew when Nazim had arrived, he had heard the uproar with which the man’s presence had been greeted. Through the walls of the second floor room in which he was in, the President also heard Nazim address the crowds through a megaphone. He never met Nazim or the other two men inside the military HQ. Nor did he know which part of the building they were in. Once they arrived, Nasheed could not move without being restrained by someone.

“You cannot go there,” General Shiyam said when he tried to go upstairs, to the second wing. The General, whose lack of uniform at a time when the military was on red alert appeared to Nasheed as a sign of desertion, was categorical in his order. He offered no explanation.

“Someone else…someone from the opposition…Nazim? Umar Naseer? Someone was there”, the President would later speculate. “Someone was controlling operations from the other wing of the building.”

Twice the SPG, under new chief Rauf’s command, physically restrained the president. When Nasheed heard about MDP Haruge being ransacked he felt it was his duty to go. Faisal, now a major, held him back. Their excuse was that it was not safe for the president.

They checked his belongings. He had to ask their permission to use the toilet.

“Am I under arrest?” he asked.

Nasheed realised how foolish the question sounded. “I cannot be under arrest”, he thought. “But, of course, I am,” he countered himself.

Jailed several times during Gayoom’s regime for dissent, once detained in solitary confinement for 18 months, the President was familiar with arrest procedures. If he were to use the toilet without permission, they would break in. He had experienced it first hand twice before. His current guards had ‘Forensics’ written all over them.

Among them were faces he could never forget—they belonged to individuals who had interrogated and tortured him before. Soon after Nasheed’s first child was born and while he was expecting his second, one of them had ransacked his home. The man had meticulously gone through every single toy belonging to his young daughter.

“He wants to re-enact that,” Nasheed thought.

He knew these people well. He knew Abdulla Riyaz, was aware of the type of person he is. These people were not searching for anything in specific. The President knew it was an attempt to undress and demoralise him.

“They are trying to make you capitulate,” Nasheed thought. He knew torture and punishment were their preferred tactics.

“People outside are shouting and calling for you to be lynched”, they told him.

“You are going to lynch me from the inside,” he retorted.

**********

The President made the decision to resign at the precise moment he heard the gates ofBan’deyri Koshi being opened. He could hear the din of the baying crowd right outside.

“Mr President, if you don’t resign, they will kill you. They will sack [sic] Male’”, General Ibrahim Didi had told him earlier. The General sincerely believed it was his duty to defend the President with his life. Now, he was failing miserably. Twice the military had advanced and retreated. General Didi, an honourable man, offered to resign. Nasheed observed with concern that it was not beyond the General to contemplate suicide.

“I have only a few minutes to live”, the President now thought. The situation was dire, the country was under threat. Both his life and that of his wife, Laila, were in mortal danger. Laila had no protection in Mulee Aage, she had been forced to leave with their children. He was also convinced MPs Mariya, [Ahmed Easa] and Ibu [Ibrahim Mohamed Solih] had been killed.

But, Nasheed knew it was not safe for him to resign inside the military headquarters. Once the attack on the HQ began, four large bricks were thrown into the second floor room he was in. His precise location was no secret to the attackers outside. The bricks had left large holes in the glass. Shooting into the room through those holes would be easy.

Nasheed was aware there were guns all around him. The generals had guns, he was convinced. Even if the armoury was locked, they had the keys. As Nasheed would later come to understand, guns were moved that day from Coast Guard ships, from other barracks. There are pictures showing some of the movements. He heard KK [Kalhuthukkalaa Koshi] troops were going to join the police in their mutiny. He saw the troops. He heard that when the renegade police and military took over MNBC One earlier, they used guns and were in possession of firearms.

The President knew he must leave the building. He agreed to resign.

“But”, he said, “it would be better if I do not do it from here. I must have fresh clothes, a shave.” He was looking for an escape.

It did not work. His captors had the clothes and toiletries delivered to the HQ.

His resignation speech was to be made at a press conference in the President’s Office shortly.

Resignation: “The biggest rogue letter was written by me.”

Nasheed was taken the short distance to the President’s Office in a car. A large mob, composed not of the public but of police and military personnel, surrounded the car. They were screaming. They were banging on the President’s car. There was no security, no decorum.

Nazim, Riyaz and Fayaz were already at the President’s Office.

“These people should not be here,” he thought.

The President’s staff made several vain attempts to stop the three men. Defying everyone’s wishes and all protocol, they got into the dedicated President-only lift with Nasheed. Within the enclosed space, in the presence of Riyaz and Fayaz, Nazim dictated the words that should be in his resignation letter.

In his office, the President did not put the words on paper. It did not occur to him that he should, for he had never had any intention of resigning. For him, the agreement to resign was a ruse, a way of escaping death and leaving the military headquarters.

“The Speaker wants the letter,” Nazim told him. The President hesitated. He went to the window and looked outside. The situation appeared even worse than before. He looked at Nazim. There was a tell-tale bulge in his trousers.

“He has a gun,” Nasheed was convinced. He would later make out its outlines in a picture of Nazim with his back to the camera, taken after the resignation press conference.

“You cannot back out now. You have to go all the way,” Nazim said. The President knew clearly that his life was under threat, that he would not be allowed to live.

He began writing the letter. Twice he broke down. But he knew that if he did not remain composed, if he did not maintain decorum, there would be chaos. He took care composing the letter, including only the bare minimum of what Nazim had dictated. He would only write enough to keep Nazim happy. It was all an act. Theatre. A lie to save his life.

“The biggest rogue letter was written by me,” Nasheed would say later. He was baffled when Speaker Shahid accepted the letter, it followed none of the required official documentation processes. Nasheed wrote the letter himself. There were no reference numbers, its only nod to officialdom was the emblem on the presidential notepad he used.

Shahid is the type of person who takes pride in receiving letters. Normally, he would have telephoned Nasheed on receipt of the letter. On this day, he was silent. There was no contact. Official documentation rules require proof receipt. No such record exists for President Nasheed’s resignation letter.

Before the press conference, Nazim dictated to him what he should say in his resignation speech.

“Tell the people to keep calm and remain at home. Tell them no one should come out on the streets. Ask Moosa and Mariya to remain silent. Tell other party members not to say anything. Don’t say anything about me. You must say nothing about duress. Say that you are doing it of your own accord. Of your own free will,” Nazim dictated to Nasheed.

As with the letter, Nasheed did not say what Nazim wanted. Instead, he took Nazim’s ideas and polished them up and said the bare minimum needed to save his life and country. He did not state that he was resigning of his own free will. He did not include any instructions for Moosa Manik, Mariya Didi or anyone else to stay at home.

For Nasheed resigning was not the best option. It was the only option.

Dr Azra Naseem has a PhD in International Relations

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Court denies former President permission to travel abroad

Former President Mohamed Nasheed has had his request to leave the country denied by the Hulhumale’ Magistrate Court.

An official from the Judiciary Media Unit told local media that the court had denied Nasheed’s request as he had not cooperated with the court on previous instances.

Nasheed, who had asked to leave the Maldives on Wednesday (February 27) until March 5, had received travel permission from the court when previously asked.

Nasheed had stated that he would be travelling abroad at the end of February, having accepting an invitation from the Commonwealth Secretary General Kamalesh Sharma, and to Denmark under an invitation from the state.

The former President’s request to leave the Maldives follows his exit from the Indian High Commission on Saturday (February 23) after he sought “refuge” inside the embassy building for 11 days.

Nasheed moved into the Indian High Commission after police were ordered to produce him at Hulhumale’ Magistrate Court on February 13 for his scheduled trial hearing.

Nasheed has maintained that the charges against him – of detaining the Chief Criminal Court Judge during his final days in office – are a politically-motivated effort to prevent him contesting the 2013 elections.

British-based publication, Daily Mail reported that Nasheed’s exit from the Indian High Commission came after the Maldivian government “brokered” a deal with the government of India.

The Ministry of Foreign Affairs has since denied the claim in a statement released on Sunday (February 24), stressing that there had been no deal made with “anyone” that would result in Nasheed leaving the high commission.

Speaking to press on the day he exited the Indian High Commission, Nasheed emphasised his desire for stability to be restored following eight days of continuous protests by the MDP, dozens of police arrests and a violent attack on a Maldivian journalist.

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Nasheed leaves Indian High Commission, states “desire for stability”

Additional reporting by Mohamed Naahii, Leah Malone

Former President Mohamed Nasheed left the Indian High Commission on Saturday afternoon after seeking “refuge” from police seeking to present him to the Hulhumale Magistrate Court.

Nasheed has maintained that the charges against him – of detaining the Chief Criminal Court Judge during his final days in office – are a politically-motivated effort to prevent him contesting the 2013 elections.

After 11 consecutive days inside the High Commission, Nasheed emerged and was greeted by approximately 600 Maldivian Democratic Party (MDP) supporters at a press conference in the Dharubaaruge exhibition hall, across the street from the party’s former protest site at Usfasgandu.

Nasheed emphasised his desire for stability to be restored, following eight days of continuous protests by the MDP, dozens of police arrests, and a violent attack on a Maldivian journalist.

“I have been in the Indian High Commission for the last 11 days and now I have come out with the understanding that I will be able to conduct my peaceful political activities and my normal social life.

“I hope and I believe that this will bring much stability to the very volatile nature of Maldivian politics and our society today. I hope that all the stakeholders all actors will bear in mind that we will have to have a peaceful election and to do that we will all have to forego whatever we have to.

“It is always my wish that democracy is consolidated in the Maldives. It is always my wish that we have a more prosperous life,” Nasheed stated.

MDP supporters were heard cheering during the press conference following Nasheed’s statements.

Nasheed was greeted with joyful applause, chants of “Anni”, and was surrounded by a throng of supporters as he exited the building to give a speech near Usfasgandu.

Nasheed claimed his decision to seek refuge in the Indian High Commission was not pre-planned during his recent visit to the country.

“We are living in a very vibrant period of time. We are never certain when we will get arrested or when we will be released from custody. This is not something faced by myself alone. But the biggest attacks are targeted against me,” he said.

“I believe the danger posed towards me is far graver than others. I have faced more attacks than any other person possible could have faced. But we all should understand that our safety lies at the hands of almighty Allah. We maintain that protection by seeking courage from each other,” he added.

The former President also contended that leaders of all political parties should get the opportunity to compete in the upcoming presidential elections peacefully.

“I came out of the Indian High Commission because I believe I can now carry out political activities and that I too could take part in social activities in the country. My wish has always been that Maldives remains a democracy,” he said.

“I thank the Indian people and its High Commission. I do also thank the people of the Maldives and supporters of MDP. What is now important is that we win the next presidential elections,” he said.

Nasheed repeated his statement that the MDP would contest in the upcoming presidential elections and re-establish its government in the country.

“I believe that the presidential elections will not proceed without all political party leaders being able to fairly compete in it,” he said.

The Maldivian Democratic Party (MDP) has said it will boycott the elections should its presidential candidate Nasheed – who was been elected through a direct vote from its members – be barred from contesting in the elections.

Nasheed also expressed sadness over the brutal attack against Raajje TV News Head Ibrahim ‘Aswad’ Waheed last night, who is currently fighting for his life in a Sri Lankan hospital.

“I take part in the grieving of the brutal attack on Aswaad. Attacks on journalists hinder our development [as a society]. That is an attack on us, the people. I really do hope that we let go of such vindictive acts and focus on our development and that all of us can compete in the elections,” he said..

Highlighting on the flaws within the judiciary, Nasheed said that he believed that judicial reforms could be “achieved through dialogue and negotiations”.

He also said that delaying his ongoing trial “would not compromise anyone’s rights” and that it was important the next presidential election was “inclusive”.

His short speech was followed by an MDP march around Male’ in support of Nasheed, calling on citizens to support “independent news” following the attack violent on a Raajje TV journalist in the early hours of Saturday (February 23).

Speaking to the Press Trust of India, President’s Office Spokesperson Masood Imad said  the government “welcomes” the development, and that there was no arrest warrant against Nasheed at present.

“I am happy that the longest meeting in the world has ended. We were formally told by the High Commission on the first day that Nasheed had come into the Mission for a meeting and will be out once it is over,” Masood told PTI.

Indian diplomatic efforts

The Indian High Commission expressed hope that Nasheed “will again resume his social and political life.”

“India would be happy to support all efforts to create favourable conditions for free, fair, credible and inclusive Presidential elections in September 2013 that can contribute to durable peace, stability and prosperity in Maldives and the region,” the High Commission said in a statement.

Nasheed’s departure from the protected diplomatic territory – which prevented police from acting on two court warrants for his arrest – follows a series of meetings by Joint Secretary of India’s Ministry of External Affairs Shri Harsh Vardhan Shringla.

“These interactions have provided some forward movement and the team continues to work further on the available inputs so that the matter could be resolved to satisfaction,” the High Commission stated on Friday, despite various reports in Indian media that President Mohamed Waheed had been unable to meet with the delegation due to his “very busy schedule”.

No information has yet emerged as to whether Nasheed’s exit from the High Commission is related to a specific commitment from the government or Nasheed’s political opponents not to pursue charges against him, ahead of the September 7 presidential elections.

The saga has however led to widespread international backing, including from the UN, US, UK, Commonwealth and EU, that the presidential elections be “inclusive” and that all parties are able to put forward the candidates of their choice in the upcoming elections.

Nasheed’s press conference after leaving the Indian High Commission:

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Trial hearing cancelled after police report failure to produce Nasheed

Additional reporting by Neil Merrett.

Former President Mohamed Nasheed’s trial hearing scheduled for 4:00pm today (February 20) was cancelled by the Hulhumale’ Magistrate Court after police were unable to present him to judicial authorities due to his presence in the Indian High Commission.

The High Court meanwhile threw out an appeal hearing into the first warrant issued on February 13, after Nasheed failed to appear at a hearing scheduled for 1:00pm this afternoon.

On Monday (February 18), the magistrate court issued a second arrest warrant requesting police present Nasheed on charges of illegally detaining Chief Criminal Court Judge Abdulla Mohamed during his final days in office.

An official from the Judiciary Media Unit confirmed Nasheed’s hearing was cancelled after police said the former president could not be arrested while still inside the Indian High Commission.

“Police have said they won’t be able to bring Nasheed to Hulhumale’ Magistrate Court and so the hearing has been cancelled. A new hearing is yet to be scheduled by the court,” the official said.

The Maldivian Democratic Party (MDP) have said Nasheed will remain inside the High Commission until an interim government is established ahead of the presidential elections in September.

Police have cordoned off the street outside the High Commission, but have so far taken a hands off approach towards the few hundred Nasheed supporters protesting at the barricades.

Police Spokesperson Sub-Inspector Hassan Haneef was not responding to calls from Minivan News at time of press.

Stalemate

Nasheed and the MDP have maintained that the charges against him are a politically-motivated attempt to prevent the former president from contesting in presidential elections scheduled for later this year.

Nasheed’s lawyer Hassan Latheef said the former president’s team of lawyers were having to rely on the media to receive updates regarding the latest news from Hulhumale’ Magistrate Court, and were not being officially informed of any decisions it was making.

“It is very unfortunate that we are not directly informed by the court regarding the developments in this case. Instead, we are having to contact the court for information,” he said.

“We are relying on the media for updates. Now that the court hearing has been cancelled, we have no idea what will happen,” Latheef said.

Asked whether about the possibility of the trial being conducted in absentia, Latheef added: “The constitution states clearly that no trial can be held with the defendant being absent.”

“However, knowing this particular court and the knowing the magistrates on the case, as well as the police and government, I do not doubt it could happen,” Latheef said.

Earlier today, MDP Spokesperson MP Hamid Abdul Ghafoor said that the Foreign Ministry had already been in touch with the Indian High Commission to try get them to hand Nasheed over to police.

“I wouldn’t put it past the government to raid the Indian High Commission, partly because nobody expects them to do it,” Ghafoor said.

India’s Special Envoy arrives

India’s Special Envoy Harsh Vardhan Shringla visited Male’ today to try and resolve the stalemate, which has attracted widespread international media coverage, and extensive attention from the Indian media. No headway or details of meetings had been reported at time of press.

Meanwhile, a small police presence manned barricades around the the Indian High Commission building ahead of the scheduled trial.

Minivan News also observed a large UN contingent sitting in Traders Hotel opposite the High Commission. UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, is currently in the country for a scheduled visit until February 24.

A large number of tourists were passing through the barricades and having their photos taken with police officers controlling traffic outside the high commission. A row of 30 bouquets of flowers had been placed against the wall of the commission earlier in the day by a group of female Nasheed supporters. One had a card the read: “We will always be with our President (Anni) XX”.

As the time of the hearing neared, around 200 MDP supporters gathered outside the party office on Sosun Magu before moving to the Prosecutor General (PG)’s Office demanding the PG withdraw the charges against former President Nasheed.

As the 4:00pm deadline passed, a few hundered supporters and onlookers once again gathered on Sosun Magu, where they have been holding successive daily demonstrations since Friday (February 15).

Around 20 riot officers were deployed to control the crowd, remaining a few hundred yards away from the protesters.  The atmosphere was tense as supporters continued to heckle authorities, however at time of press police had taken no action to disperse the demonstration.

However police subsequently seized a yellow-painted pick-up truck equipped with a loudspeaker that was playing the party’s protest songs, claiming that it was disturbing nearby schoolchildren.

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Police increase security presence in Male’ and atolls

Police have increased security measures around Male’ and other Atolls in order to main peace and order, local media reported.

The announcement comes after a week of protests carried out by Maldivian Democratic Party (MDP) and supporters of former President Mohamed Nasheed.

Police said that Special Operations police, capital police and traffic police are now active during the night in Male’, and that city police have increased their vigilance, according to local media.

A number of demonstrators have been apprehended following the unrest in Male’ and police have reported that multiple officers have been injured following confrontations with protesters.

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Comment: Justice has little to do with the impending prosecution

This article was first published on Dhivehisitee. Republished with permission.

With former President Mohamed Nasheed taking refuge at the Indian high Commission in Male’, the international community’s strange apathy towards the ongoing fight for democracy in the Maldives has been stirred, if not entirely shaken. As Male’ waits to find out how India will respond to the Maldivian government’s request to hand Nasheed over to the police today, it is worth looking at the intricacies of small island politics where personalities loom large. What is at stake, and equally importantly, who are the players?

Mohamed Nasheed, the first democratically elected president of the Maldives, is holed up in the Indian High Commission in Male’. Seeking refuge in Indian diplomatic premises was a smart move by the former president, a veteran democracy activist. It not only provided him sanctuary and forced India’s involvement, it also provided India – smarting from Male’s recent insults and shabby treatment of GMR — with the opportunity to do a policy U-turn without embarrassment.

Nasheed has now been at the Indian High Commission for a week. If he leaves, his next long-term residence is most likely to be the prison island of Dhoonidhoo. The current government is prosecuting Nasheed for arresting Chief Judge of the Criminal Court, Abdulla Mohamed, in January 2012, a month before the coup. The pursuit of Nasheed through the courts began in July last year. Several summons and arrest warrants have been issued, cancelled and enforced since. In October last year, the police made a deliberately high profile arrest of Nasheed while campaigning on an island far from Male’. The last arrest warrant, issued on Monday, five days after Nasheed took refuge at the High Commission, expires at 4:00pm today.

Nasheed, an Amnesty prisoner of conscience who spent several years in jail for dissent, has said the prosecution is politically motivated. The purpose, he says, is to ensure he cannot run in the presidential elections scheduled for 7 September. Any sentence will disqualify him from the race. If Nasheed is prevented from running, there will be unrest like the country has never before seen. He is loved by many, more than he is loathed by coup-makers and their supporters. His Maldivian Democratic Party (MDP) has over 47,000 members, and they are all ardent supporters.

Since Nasheed sought refuge, several ‘delegations’ from various constituencies have presented him with bouquets, some wrapped in silk, almost on a daily basis. Yesterday they brought him bouquets, or at least tried to, until the police blocked their way with barricades.

Nasheed had been ‘the people’s president’, mingling with the young, the old, the rich and the poor with equal ease. When he takes to the streets, they follow him. Now, sensing he is in danger, they march on the streets of Male’ every evening, calling for his protection. Several have stated — with all seriousness — that Nasheed can only be taken into custody over their dead bodies. At an MDP press conference in Colombo, Sri Lanka, yesterday, former Foreign Minister Mohamed Naseem announced the party would boycott the elections if Nasheed is prevented from running under any pretext. That is close to 50,000 people, a large chunk of voters among the 350,000 population who would not participate in the election.

Mohamed Waheed Hassan Manik, the current president, along with a group of nameless men “all… of the same level” who now rule the country, meanwhile, are depicting Nasheed’s presence at the Indian High Commission as a ploy to avoid facing the charges against him. Waheed said he was “dismayed” Nasheed remained at the Indian High Commission, instigating “street violence”, his view of the nightly demonstrations by Nasheed’s supporters.

Waheed used to be Nasheed’s Vice President but, when offered the presidency by coup-makers in January, promptly betrayed Nasheed and hastened to take oath as President of the Maldives. A PhD graduate from Stanford University with a long career in the United Nations, he was seen by the international community as someone who would ‘stabilise’ the volatile atmosphere created by the coup.

He has since aligned himself closely with the ideologies of the Islamist Adhaalath Party, overseen curtailment of several fundamental civil and political rights, disregarded blatant human rights abuses by security forces, and partaken in the xenophobic and nationalistic campaign to oust India’s GMR. Waheed loves Twitter, has intimate personal chats in public with his family on various social media and, although seemingly composed and calm most of the time, can surprise with fist-pumping, rebel-rousing speeches when excited.

Unlike Nasheed, Waheed has very few supporters. His party has just over 3000 members with no representation in parliament. It is a common joke that his supporters consist of his wife Ilham, his children, and one loyal advisor (among two). He recently launched his presidential bid at his wife’s house, but is yet to reveal whether he will compete as an individual or form an alliance with someone else. With so few supporters, and lack of potential allies, he has very little hope of winning, especially with Nasheed in the race. Based on past and present behaviour, it is clear that he would gladly participate in any political prosecution of Nasheed.

Waheed is not the only one. All of the presidential candidates would like to see the back of Nasheed. Former President Maumoon Abdul Gayoom, who returned to the political centre-stage after the coup, has said he is “embarassed” by Nasheed’s decision to take refuge at the High Commission. He must also feel frustrated. Gayoom and his fellow authoritarians’ control over the Maldives’ judiciary is now well exposed and often discussed. If Nasheed can be brought to court, all three judges, hand-picked from among the worst on the bench, would arrive at a guilty verdict with ease. They would impose a hefty sentence.

With Nasheed inside the Indian High Commission, international law has got in the way. Gayoom’s party, PPM, has not yet decided on their presidential candidate. Would it be Gayoom the septuagenarian? His politically active daughter, currently State Minister for Foreign Affairs, Dunya Maumoon? His brother Abdulla Yamin, against whom there are corruption charges amounting to US$800,000? One of Gayoom’s two sons? With Nasheed in the race, the times ahead will be tough for any member of the family. With him gone, the field is wide open.

Gasim Ibrahim and Ahmed Thasmeen Ali are also in the running. Gasim is one of the richest men in the country. He has shares in almost everything that makes money from five star hotels to the humble onion. He owns not just several resorts but a fleet of assorted vessels, an airport, and a hefty reputation for being a womaniser. Gasim never attended school (and is one of the country’s worst public speakers), but was recently awarded an honorary doctorate in entrepreneurship from the Open University of Malaysia in recognition of his mega-tycoon status.

Gasim invests heavily in education, although his reasons for doing so are often far from altruistic. Attending one of his schools means towing his Jumhooree Party line – student and staff alike. He provides scholarships and loans for university education abroad for many, several of whom then enter into a life-long relationship of patronage with him. He recently described the power relations between him and the people as that of “master and servants.” Although without any training or experience in law or even a remotely related discipline, he now sits on the Judicial Service Commission (JSC), the chief overseer of the judiciary. Many of Nasheed’s supporters have asked: how can Nasheed have a fair trial when Gasim, his rival in the presidential race, sits in the JSC with its control over the judiciary?

Thasmeen’s party, the DRP, was Gayoom’s party before Gayoom split and formed PPM. While some maintain that DRP is ‘more democratic’ than PPM, with Thasmeen at the helm, the party participated in — and condoned — events of 7 February that ended democratic governance. Unlike his competitors – Nasheed, Gasim, Gayoom (or whoever Gayoom anoints from the shortlist) all of whom generate intense emotions among people – Thasmeen is mostly regarded with indifference. He rarely makes headlines, and is often discussed among rival supporters and democracy activists in relation to unpaid debts of millions owed by a family business.

DRP itself, however, still has a significant number of supporters. Last December Gayoom’s PPM overtook DRP in numbers to become the second largest party, but two days ago, DRP once again became the second largest party with 22,687 members. But, there is only a difference of 64 members between the two parties. The truth is, there is little that differentiates members of the two parties — some support PPM because it’s Gayoom’s, and others support DRP because it was Gayoom’s. Unlike Gayoom’s embarrassment and Waheed’s dismay, Thasmeen was “saddened” by Nasheed seeking refuge. Just like them, however, he sees Nasheed’s act as “unnecessary”, and a ploy to evade justice.

Apart from the candidates, there are also several petty chiefs who would like Nasheed behind bars. Several of them, frighteningly, work in law enforcement. The Defence Minister Mohamed Nazim, Police Commissioner Abdulla Riyaz, and Minister of Home Affairs Mohamed Jameel Ahmed, for example. All of them would love it if Nasheed simply disappeared.

Jameel, the Home Minister (also present during the police mutiny on 7 February), is from the island of Fuammulah, an atoll unto itself, located furthest south of Male’. Jameel has a PhD in Law from London’s SOAS University, but has a shockingly tenuous grasp of the fundamentals of democracy, even rule of law. Jameel is known to have a vicious temper, having flown off the handle in public on several occasions, earning him the nickname Angry Bird. It would not be an exaggeration to say Jameel hates Nasheed.

In a pamphlet he co-authored with Hassan Saeed (with whom heads the Dhivehi Qaumee Party (DQP), another small party of little consequence) he accuses Nasheed of attempting to undermine and destroy the Islamic faith in the Maldives. Saeed is Jameel’s long-time friend (they live in the same apartment building) and he is also one of Waheed’s special advisors (the disloyal one). Nasheed had Jameel arrested for defamation after the ‘hate-pamphlet’ was published, but Criminal Court Chief Judge Abdulla Mohamed (the same judge for whose arrest Nasheed is currently being prosecuted for), released him.

For Jameel, it is payback time. Having Nasheed arrested and prosecuted before the elections is imperative, he has said. On Monday, Jameel told Times of India that “I would be the happiest person to see Nasheed contest and lose.” Jameel’s two fantasies are mutually exclusive, but will end with the same desired climax: Nasheed will not be President again.

Nazim the Defence Minister and Abdulla Riyaz the Police Commissioner fear that should Nasheed be re-elected they, and not Nasheed, would be heading to Dhoonidhoo. Nasheed has called them traitors and openly declared his intention to prosecute them, if he is re-elected. They, with the current state minister for Home Affairs Mohamed Fayaz, commandeered the security forces during the police mutiny on 7 February 2012. To avoid jail time, they must imprison Nasheed. All three lost their positions during Nasheed’s government, and all bear personal grudges.

Is Nasheed’s life in danger?

Yes, says all Nasheed’s supporters. Last week, pro-MDP TV channel, Raajje TV, aired a video that was all the confirmation they needed. Nasheed, less then 24-hours after he resigned, was being brutally manhandled by a squad of about twenty policemen. They are all dressed in full riot gear. One of them has the former President, their Commander in Chief only a few hours previously, by the collar, hand across throat. In a move that supporters have likened to the movements of Neo, the protagonist in Hollywood hit movie The Matrix, Nasheed is seen sliding away from their grasp and fleeing for his life.

The policemen after Nasheed are members of an ‘elite’ squad named Special Operations or SOs. These are the same men who led the police mutiny on 7 February. According to the CoNI testimony of Nasheed’s police Commissioner, Ahmed Faseeh, the SOs’ origins explained their present: They were the ‘Star Force’, put together in a rush to control the uprisings in 2004 against Gayoom’s dictatorship.

To sum up his description of the squad, most SOs are men recruited into the police straight from the streets, given muscle enhancing substances (suspicions focus on steroids), made to pump iron, taken to intensive training in a foreign country, and brought back home for the sole purpose of ‘crowd control’. Then, as now, according to Fasyh, they were a tough squad to control. Back under Nazim and Riyaz, the SOs have happily reverted to form, taking up pre-democracy tactics of violence and brutality with ease and abandon. And, as seen in the video, they have no respect for Nasheed, or his life.

All things considered, is Nasheed’s prosecution politically motivated? Yes. Apart from all the reasons above, the current regime has failed to implement any steps recommended by the international community to reform the judiciary. Judge Abdulla Mohamed, whom Nasheed arrested citing national security, and against whom their are many allegations of misconduct and criminal activities, not just remains on the bench as the Chief Judge of the Criminal Court, but is also a part of the regime’s inner circle, attending government functions and officiating at various events.

Questions remain over the legality of the Hulhumale’ Court where he is to be tried, and all calls to redress Article 285 of the Constitution have been willfully ignored.

Justice appears to have very little to do with the impending prosecution.

Dr Azra Naseem has a PhD in International Relations

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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