Government asks India to hand over Nasheed, as MDP slam arrest warrant from “kangaroo court”

The Maldivian Foreign Ministry has asked the Indian High Commission to hand former President Mohamed Nasheed to police ahead of his trial on Wednesday.

Police requested the Foreign Ministry to approach the High Commission on Tuesday, after the Hulhumale Magistrate Court ordered them to produce Nasheed for his court hearing at 4:00pm on February 20.

President’s Office Spokesperson Masood Imad said “I wouldn’t call it an arrest warrant. It’s a court order for police to summon him to court.”

Asked whether this order would involve police using force to produce Nasheed, Masood stated that “I’m not a policeman but presumably they will ask him to come with them, and if he does not they will put him in a police vehicle. The actual strategy is a police function. I hope they don’t do anything excessive.”

“As far as the police are concerned, we will make sure they do not break the diplomatic rights of the embassy. Having said that, police may not have to use force to take him out,” he said.

“Police have asked the foreign ministry to advise the high commission that they have a warrant to present Nasheed in court. If [Indian High Commissioner] Mr Mulay does not budge, they will report back and it ends there,” Masood said.

Nasheed would be free again after Wednesday 4:00pm when the current warrant would expire, “until another warrant is issued”, he added.

The High Court also on Tuesday ordered the Foreign Ministry deliver a court order to Nasheed, concerning an appeal hearing of the first – now expired – arrest warrant for the February 13 hearing. The High Court appeal is scheduled for 1:00pm on Wednesday, three hours before his second hearing.

Nasheed sought refuge in the High Commission – which is protected diplomatic territory under the Vienna Convention – after the court earlier issued a warrant for his arrest and presentation in court on February 13. The scheduled hearing was canceled in his absence and the warrant expired.

Nasheed’s Maldivian Democratic Party (MDP) issued a statement slamming the arrest warrant issued by the “kangaroo court”.

“The MDP believes that the Hulhumale Magistrate Court is, de facto, controlled by Dr Waheed and his allies, and that the sole purpose of the court case against President Nasheed is to prevent his candidature in the upcoming presidential elections,” the party said.

“Waheed, in collusion with allies in the judiciary, has established a kangaroo court to convict President Nasheed. The Judicial Services Commission that set up the court comprises Waheed’s appointees as well as Nasheed’s political rivals, including those running for president. Waheed hides behind so-called judicial independence but his fingerprints are all over this trial,” said MDP Spokesperson MP Hamid Abdul Ghafoor.

“India, the United States, the European Union, the United Kingdom, the United Nations, and the Commonwealth have all called for free and fair elections in which all candidates are freely permitted to stand. Waheed is defying the world by continuing his political persecution of President Nasheed,” he said.

The President’s Office Human Rights Ambassador Ahmed Ibrahim “Sandhaanu” Didi told a press conference yesterday that the MDP “shouldn’t be allowed to exist” as it was an “unlawful organisation which commits terrorist activities”, and called on the Elections Commission to dissolve it.

Indian position

The Indian High Commission has so far made no indication that it intends to hand over Nasheed to the Maldivian police ahead of his scheduled trial.

Indian Minister of External Affairs Shri Salman Khurshid said on Monday that the former President “is a guest in the mission. He came and we extended courtesies and that’s it. This was explained to the [Maldives] foreign minister. We are not taking sides with anyone. We are not engaged or involved in the internal politics,” he said.

“As friends of the Maldives, our only expectation, and this is the expectation of the democratic world, is that elections which have been announced will hopefully be free and fair. As friends we obviously have advised anything that detracts from the perception of free fair elections is obviously not good for Maldives,” Khurshid said.

“The people of the Maldives have India’s support. Whoever the people of the Maldives elect will have India’s support. The Maldives can’t change its history. The Maldives cannot deny the history of somebody who was President of Maldives. And we cannot deny the Maldives’ present by saying that whatever there is at present is not to our liking. It’s the people of Maldives who decide and whoever they decide as their elected leadership, we will respect,” he added.

Meanwhile, the website of the Indian High Commission in the Maldives was hacked and a message displayed stating “Give us Nasheed or we kick the embassy!”

High Commission officials confirmed the website had been targeted twice in the past week, but was quickly repaired.

Ten arrested as protests continue

Demonstrations continued last night in the captial Male’, with a crowd of almost 1000 people beginning a march around the city from near the tsunami monument.

Police Sub-Inspector Hassan Haneef said ten people were arrested, including one minor, for throwing objects such as glass bottles at police.

No police were injured, and no force or pepper-spray was used to control the crowds of 250-500 people at the barricades, Haneef said.

Police have meanwhile released a video of demonstrators throwing objects at police lines during the recent protests, and requested public assistance in identifying the five people highlighted.

“Police request public assistance in identifying the five individuals marked in the video who have committed various felonies which have caused varying degrees of property damage and injured officers and media personnel,” police said in a statement.

“Anyone with any information about the identity or the whereabouts of these five individuals, please contact the Maldives Police Service Hotline at 3322111 or the Criminal Investigation Department at 9631696,” the statement added.

http://www.youtube.com/watch?feature=player_embedded&v=sA3UtrgiCvA

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“Certain actions by protesters could be classed as terrorism”: Police Superintendent

Superintendent of Police Abdulla Nawaz has claimed that certain actions performed by protesters in the recent demonstrations in Male’ could be defined as acts of terrorism.

The recent protests in the capital have seen supporters of former President Nasheed clash with riot police, resulting in multiple arrests and damage to police property.

Nawaz told Minivan News on Monday (February 18) that certain acts performed by protesters over the last few days – including setting fire to a police vehicle – “could be classed as terrorism”.

“It is not that we [Maldives Police Service (MPS)] are directly saying it was terrorism, but more the setting fire to a police vehicle and barricade, as well as threatening phone calls to officers, could be defined under terrorism.

“We always ask protesters not to opt for violence, it doesn’t matter which party they belong to. I personally believe things should not have happened like they have been recently,” Nawaz added.

Superintendent Nawaz, who is also Head of Public Affairs Department, stressed that while the police welcomed peaceful protests, demonstrations over the last three days have not always remained that way.

Asked whether police would have to respond differently to tackle “actions that would be defined as terrorism”, Nawaz said: “From the torching of  a vehicle to protesters throwing stones and bottles at police, of course police will have to act differently depending on how serious the crime is”.

On Saturday night (February 16) a police vehicle belonging to the Police Family and Child Protection Department was set on fire while parked in Male’.

Police also claimed protesters set fire to a police barricade in the early hours of Sunday (February 17) morning.

Following the recent protests, a statement from MPS released today announced that the Criminal Court had issued warrants for the arrest of 16 individuals allegedly involved in the “unrest and mob violence” in the recent protests of the Maldivian Democratic Party (MDP).

A police press briefing revealed that a total of 84 people, including two minors and four females, had been taken into police custody following the unrest.

Out of 61 individuals later presented to the court, 16 were allowed to remain in police custody in order to continue with the investigation.

According to the statement, Nawaz said police will also continue investigations into those who have also been released by court order.

Officers injured, harassed on the street

Speaking at the press briefing Nawaz said that in the last four days of the protest, 14 police officers and one Maldives National Defence Force (MNDF) security officer had suffered injuries from protesters throwing bricks and glass bottles into police lines.

Nawaz said that the recent protests could be described as peaceful assembly adding that the protest “is rather believed as an act to impeded police duty and terrorise the capital city Male’”.

According to the statement, “Police officers of different ranks have received threatening calls and text messages from unknown numbers from abroad”.

The statement specifically notes an incident whereby a police officer on the street was harassed with inappropriate language in front of his three-year-old child, “who has since suffered from psychological trauma”.

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Hulhumale’ Magistrate Court issues second arrest warrant for Nasheed

The Hulhumale’ Magistrate Court has issued a second arrest warrant for former President Mohamed Nasheed, an official from the Judiciary Media Unity has confirmed.

Five days after Nasheed sought refuge inside the Indian High Commission, the Judiciary Media Unity confirmed to Minivan News that Hulhumale’ Magistrate Court has now issued a new arrest warrant, ordering police to produce Nasheed at the court on February 20 at 4:00pm.

Police Spokesperson Sub Inspector Hassan Haneef also confirmed that the Maldives Police Service had received the court order for Nasheed’s arrest.

The former president has been taking refuge inside the Indian High Commission building in Male’ since February 13 to avoid arrest, after Hulhumale’ court previously ordered police to produce him at his scheduled trial.

Nasheed and his party have maintained that the charges put forward against him – of illegally detaining Chief Criminal Court Judge Abdulla Mohamed during his final days in office – are a politically-motivated attempt to prevent him from contesting presidential elections scheduled for later this year.

The latest arrest warrant comes after Nasheed failed to attend the last two scheduled trial hearings on February 10 and February 13.

An official from the Indian High Commission told Minivan News they were waiting to see the arrest warrant and are “watching the current situation”.

The situation has contributed to an escalation in diplomatic tensions between India and the Maldives, which has accused the former of interference in internal Maldivian affairs.

High Commissioner D M Mulay was summoned to the Foreign Ministry on Sunday and presented with a protest note from the government.

On Monday the High Commission released a statement “denying in entirety” allegations that it was being used by the former President “for political meetings and instigating street violence”.

Thousands of supporters of the former president have been protesting in the capital Male’ since Nasheed moved into the Indian High Commission last Wednesday.

On Saturday (February 16) over 5000 supporters marched through the streets of Male’ clashing with police, which resulted in 55 arrests during the night.

Nasheed’s decision to seek asylum in the Indian High Commission caught the attention of the international community last week. The US, UK, EU, UN and Commonwealth have since urged the Maldivian government to show restraint, whilst calling for “inclusive, free and fair elections” in September.

Arrest warrant is a threat to Nasheed’s life: MDP

Following the news of the latest warrant, Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor said that the party are “firmly” against the former President from standing trial in an “illegitimate court”.

“The party firmly believes that he should not go [to Hulhumale’ Magistrate Court] and we firmly believe that the arrest warrant threatens his life.

“The moment he steps out of the Indian High Commission, that will be the end of him. Even the international community have recognised this as a witch hunt,” Ghafoor told Minivan News.

When asked as to whether former president will comply with the court order, Ghafoor said “it is Nasheed’s call”.

“The question is, what do the Indians do now? The Maldives authorities will now have to approach the Indian High Commission and ask them to hand him over.

“The minute the Indian government gave him refuge, they took a position. I can’t see the Indian government dropping Nasheed like a hot potato,” Ghafoor added.

The MDP spokesperson claimed the government had alienated itself from the international community given their stance on the matter. Ghafoor further claimed that foreign governments and organisations “can see” that attempts to arrest Nasheed “are nothing more than a witch hunt”.

India’s involvement criticised by Maldives officials

India’s involvement in the political dispute has been criticised by members of the Maldivian government, with the Home Minister Mohamed Jameel Ahmed tweeting last week: “What’s happening now gives us an indication of the extent and level of interest some countries prepared to take in our internal matters,” he said.

“I would strongly urge everyone to let our institutions deal with the challenges, and allow the Maldives to uphold rule of law,” he tweeted.

President of the Maldives, Mohamed Waheed Hassan Manik released his own statement yesterday condemning Nasheed’s actions on Wednesday.

“I am dismayed that the former President Nasheed sought refuge in the Indian High Commission in Male’ when he was summoned to the court. The court order which required the Police to arrest Nasheed and have him appear before the court was due to his refusal to attend court hearing. It had expired at 1600 hours on the 13 February 2013, and there is no reason for him to remain in the High Commission and to instigate street violence.

“The court order has nothing to do with my government. Upholding the rule of law means nobody is above the law. I would like to assure the people of Maldives that the law and order will be maintained,” the President’s statement read.

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Comment: Honeymoon over for Maldivians in paradise

The only time I’ve seen my father light up like the Diwali Festival was the day Mohamed Nasheed (Anni) got elected as the first ever democratically elected president in Maldivian history, after replacing the long term autocratic President, Maumoon Abdul Gayoom.

I was in the 8th grade and didn’t know much about politics, but understood enough to know that we somehow restored hope in our hearts. I got the feeling that everything was going to be all right… the tears of happiness  rolling down my father’s face were a testament to that.

After that, everything  changed. The police brutality, arbitrary arrests of politicians and democracy activists, disruption to media and freedom of expression, everything that we thought was so wrong, that we had to get out on the streets to change, became our past – things that we only joked about in our living rooms and coffee shops.

The conversation usually went like: “Hey, remember how Golhaa Force would drag Anni out on the streets of Male’ like he was some kind of dead animal?”

Only we didn’t know that it would happen again.We had no idea; we were so naive.

Anyway, the days went by and for some reason Maumoon was running around doing his own thing, not necessarily bothering anybody – yet – and Nasheed’s administration was busy cleaning up the mess left by Maumoon.

But given that Nasheed was in charge, as suspected he didn’t let the mess distract him, and instead he went on to revolutionise the Maldives. Health care, state transport, social security, infrastructure improvements made headlines every single day. He had built so many flats that the opposition started to call him ‘Flat Dhombe’ – a name he adopted and wore proudly. Such was life in paradise.

And then the honeymoon period ended. President Nasheed had to make some tough yet important decisions in his presidency, in order to head towards a more prosperous economy in the long run.

This meant the bank accounts of the rich and the elite of our community were going to take our hit. The government had asked for the parliament’s assistance to move forward with the bills, but half of the rich and the elite were already in the parliament. A lot went downhill after that.

The religious conservatives saw an opportunity at that point and jumped in, making the situation even more ridiculous. Gayyoom started to show up every now and then, making political statements and what not. And then we saw the opposition parties coming together, having set their differences aside.

These were some very extreme far-right minded politicians coming together with a group of Islamic radicals, which was the only thing that made sense from their partnership. Religion was the main issue of their political movement. As we understand now, that may have very well have been the turning point.

The opposition parties in the name of ’23 December Ih’thihaadhu’ – the 23 December Coalition – came out on the streets, protesting and calling for Nasheed’s resignation. Their parliament members would openly disrupt any government or MDP-sponsored bills on the parliament floor. The protesters would vandalise public property every night, and for some weird reason they targeted areca palm trees planted by Male City Council.

They would pluck the palm trees out and toss them out on the streets every night. One of those photographed destroying the trees is now the Deputy Minister of Agriculture.

After 21 days and nights of protesting and vandalising, the opposition succeeded in removing the elected president from office, by force, with the help of a rogue police mutineers.

The next day the Maldivian Democratic Party took to the streets condemning the coup d’état and everyone that took part in it.

I was there myself, with a friend of mine, a fellow activist, only to witness the horrible turmoil and the wrath of the Special Operations police brutes. They were anything but officers of law. A lot of peaceful protesters were brutally attacked by the savages. We were surrounded by chaos, and blood and tear gas canisters.

That moment I knew we had lost our country. That it was far from over, and the real struggle for democracy was yet to come.

Since then the coup government have been busy destroying everything Nasheed has built. They’ve put an end to state transport system…the universal healthcare, and everything else. They’ve set us back 100 years in our relationship with India.

Maybe they aren’t well-versed in foreign policy, but how could they possibly think that they can afford to be in bed with China after they’ve screwed over India in the matters of GMR airport and everything else that came afterwards? It would be hard for India not to take that personally.

I may not be an expert in foreign policy, but even I know that when you screw over your neighbor, it’s going to get awkward and complicated. Much like an office romance which ends badly.

Removal of President Nasheed from office wasn’t enough for the coup leaders, so they decided to prosecute him on charges of “kidnapping a judge”, to void his candidacy for the comping up presidential election.

They’ve already once dragged him to the kangaroo Hulhumale court which legally does not exist, while he was down south on the Journey of Pledges campaign in Faresmathoda.

President Nasheed was summoned to court for the second time, and the illegitimate ‘Hulhumale’ court ordered the police to make sure that he attended. But instead Nasheed has taken refuge in the Indian High Commission, taking the upper-hand in the current political situation in the Maldives, perhaps for the first time since the coup.

We are yet to find a solution and I personally don’t think that we would find one through political dialogue among the parties. It hasn’t worked before, I doubt it would work now. The only way we can move forward is to let Nasheed take part in a free and fair election this September. I think that’s reasonable.

Like many fellow Maldivians, I wish to hold that flag of red, green and white and feel proud again. But I’m afraid today is not that day.

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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Further protests as MDP calls for international community to be “mindful” of Maldives judiciary

The Maldivian Democratic Party (MDP) has called for the international community to be “mindful” of the status of the Maldives judiciary, claiming it to be systematically flawed and biased.

The party’s sentiments were echoed in last night’s (February 16) protest as thousands of supporters of Nasheed once again took to the streets of Male’.

The former President has been inside the Indian High Commission since Wednesday afternoon after he sought refuge from a court warrant ordering police to present him before the Hulhumale’ Magistrate Court.

Nasheed and his party have maintained that the charges – of illegally detaining Chief Criminal Court Judge Abdulla Mohamed prior to his controversial resignation on February 7, 2012 – are a politically-motivated attempt to prevent him from contesting presidential elections scheduled for later this year.

In contrast to Friday night’s protest, where 55 people were arrested following clashes with police, demonstrators last night took part in a “seated protest” in the intersection between Majeedhee Magu and Chaandhanee Magu.

Maldives Police Service (MPS) Spokesperson Sub Inspector Hassan Haneef told Minivan News today that while there had been no arrests made, a vehicle belonging to the Police Family and Child Protection Department was set on fire.

Police also allege that protesters set fire to a police barricade in the early hours of the morning.

However, MDP Spokesperson Hamid Abdul Ghafoor claimed the circumstances surrounding the barricade fire were suspicious.

“There had been reports that a police barricade was set on fire by protesters. However police tweeted about the fire two minutes before it actually happened,” Hamid claimed.

Minivan News observed around 4,000 demonstrators at last night’s gathering and witnessed multiple charges at the crowds by riot police.

MDP concern over Nasheed’s trial

statement released by the MDP yesterday expressed concern regarding the trial of former President Mohamed Nasheed, adding that the status of the judiciary and rule of law in the country was not conducive to ensuring a fair trial for the former president.

The statement accuses judges within the Maldives judiciary as being “under qualified, of dubious moral character, corrupt with political bias, and unduly influenced by members of the former regime”.

“When international actors refer to rule of law and due process, it is only a presumption that rule of law exists in the Maldives,” Ghafoor stated.

“When calling for rule of law in the Maldives our international partners must bare in mind the current state of the judiciary, and its ability to conduct a fair trial.”

Speaking to Minivan News on Thursday, trial observer Stephen Cragg, who compiled a report on Nasheed’s trial, said it was clear the former president was concerned he would not receive a fair trial with the current judges on the case.

Cragg visited the Maldives last year on behalf of the Bar Human Rights Committee (BHRC) to observe the hearings of former President Nasheed’s trial.

“I think it is clear that Mr Nasheed is concerned that he will not get a fair trial if the case goes ahead with the current judges due to hear the case, and his action is likely to highlight those concerns internationally,” Cragg said.

The report compiled by Cragg notes: “BHRC is concerned that a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives.”

In the statement, the MDP welcomed calls from India, United Kingdom, United States, the Commonwealth, United Nations and the European Union for a free, fair and inclusive presidential election in the Maldives.

On Friday, EU High Representative Catherine Ashton said she was following the latest developments “with concern” and “called on all parties to refrain from actions or statements which are liable to inflame the political climate in the country”.

“I underline the urgent need to resume dialogue between the parties, so as to ensure that the presidential elections set for September 2013 are credible, transparent, inclusive and fully representative of the wishes of all Maldivians, and so that the reforms identified by the Commission of National Inquiry in August 2012 can be rapidly implemented,” she said in a statement.

President of the Maldives, Mohamed Waheed Hassan Manik released his own statement yesterday condemning Nasheed’s actions on Wednesday.

“I am dismayed that the former President Nasheed sought refuge in the Indian High Commission in Male’ when he was summoned to the court. The court order which required the Police to arrest Nasheed and have him appear before the court was due to his refusal to attend court hearing. It had expired at 1600 hours on the 13 February 2013, and there is no reason for him to remain in the High Commission and to instigate street violence.

“The court order has nothing to do with my government. Upholding the rule of law means nobody is above the law. I would like to assure the people of Maldives that the law and order will be maintained,” the President’s statement reads.

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PPM Yameen meets Indian High Commissioner DM Mulay

Progressive Party of the Maldives (PPM) Parliamentary Group Leader Abdulla Yameen met with Indian High Commissioner to the Maldives DM Mulay yesterday (February 16), local media reported.

The High Commissioner told local media that the meeting was to encourage dialogue in order to resolve the current situation in the Maldives.

According to local media, Mulay said he is in contact with officials in the government of Maldives, political parties and other intellectuals to encourage conversation towards a peaceful resolution to the current political instability.

Yameen said he met with Mulay in the PPM office and that the high commissioner visited to assure him the relationship between India and the Maldives would remain unchanged, local media reported.

The meeting follows former President Nasheed’s decision to seek refuge within the Indian High Commission in Male’ after he failed to attend a court hearing last week.

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Comment: India an unreliable friend

On 7 February 2012, somebody in the Indian High Commission – located barely a few meters away from the scene where mutinying cops brought down the first elected government in Maldivian history – gave some astoundingly poor advice to somebody in New Delhi, and what followed was one of the worst diplomatic blunders by India in recent memory.

The tear gas clouds had barely settled when Indian Prime Minister Dr Manmohan Singh sent his ‘warm felicitations’ and became the first country to recognise Vice President Mohamed Waheed’s newly installed government – a coalition of radical Islamists and far right nationalists led by former dictator Maumoon Abdul Gayoom’s party.

The United States and other Western powers would follow India’s lead in recognising the new regime, and – even as Maldivian democrats watched in disbelief – a major wrong that should have been straightened out was instead set firmly crooked.

The next day, the regime police continued targeted attacks on MDP leaders and activists. MPs were beaten half to death and lay unconscious on the pavements. Mohamed Nasheed, the first elected President of the Republic, was roughed up on the streets by uniformed men and was seen bleeding from the forehead. Scores of civilians were publicly brutalised and hundreds of pro-democracy demonstrators were arrested while India naively pursued relations with the new regime.

Over one year later, the cycle of violence and unrest continues on the streets of Male’, as pro-democracy protesters clash with regime police. The latest confrontations started after President Nasheed, in a dramatic turn of events last Thursday, sought refuge inside the Indian High Commission following the Waheed regime’s renewed efforts to arrest him and convict him in what is essentially a kangaroo court.

Once again, all eyes are on India, keenly observing if there will be a repeat of the ghastly diplomatic miscalculations of last year.

A series of unfortunate decisions

The gamble in 2012 was this: in return for the recognition of his regime, Waheed had pledged to honour major Indian investments in the Maldives, including the $500 million investment by Indian infrastructure company GMR in the country’s main international airport. As senior Indian diplomat G Parthasarathy confirmed in a recent televised debate, India had also been given assurances that there would be inclusive, free and fair elections.

Once again, somebody in India’s MEA should have easily flagged that Waheed, being a political nonentity, could hardly be held to his word. As the tinpot leader of a party whose very existence – with merely 3000 odd members – is an exercise in vanity, Waheed hasn’t a prayer of being nominated, much less winning an election, and is destined to be discarded into political oblivion before the end of this year.

And yet, India went with his assurances even as the the regime’s extremist allies took out motorcades around the streets of the capital, demanding GMR’s exit and, for the first time in recent Maldivian history, spreading radical anti-Indian propaganda over loud megaphones.

Sure enough, with the same belligerence and arrogance that characterised their early diatribes against the CMAG and EU, the regime thumbed their nose at India, and the GMR deal was scrapped without the slightest courtesy and amid a barrage of heavy anti-Indian rhetoric propagated by radical regime allies like the DQP and the Adhaalath Party.

India’s big gamble failed, and the aspiring superpower was left with egg on its face as Waheed’s spokesperson Abbas Adil Riza publicly slandered the Indian ambassador, calling him a ‘traitor’ and an ‘enemy of the Maldives’. Furthermore, the regime that was legitimised with Indian support would proceed to cozy up to rival power China, with regime actors going so far as to lambast India while on Chinese soil.

Eliminating Nasheed

In the bargain, India also lost favour with former ally Nasheed – whose government had gone out of its way to align with them. From plugging the Maldives into the Indian coastal security grid, to seeking Indian investments in his much celebrated environmental, energy and infrastructure projects, to unilaterally sharing intelligence on religious radicals operating in the country, Nasheed was thoroughly a friend of India in every imaginable sense until India, with remarkable urgency, dumped him and rushed to Waheed’s aid in 2012.

Having scrapped the GMR deal in an ugly fashion, the Waheed regime also backtracked on the second assurance of conducting early, inclusive elections.

Observers of Maldivian politics would recollect that Umar Naseer, Vice President of Gayoom’s political party, had specifically stated in an interview immediately after the February 7 coup d’etat, that Nasheed would not be a part of the next elections.

The regime’s Home Minister Mohamed Jameel has been unable to hide his deep frustration over the overwhelming international pressure that has so far thwarted his concerted attempts to eliminate Nasheed from the political scene ahead of the elections.

Mohamed Nasheed, the lifelong democratic activist, is easily the only MDP leader who commands popular nationwide grassroots support and absolute loyalty of his party activists, making him the last remaining obstacle for the Gayoom network – of which Waheed is the nominal puppet head – to permanently dismantle the country’s nascent democracy and reestablish the old order.

It would be pertinent at this moment to recall that the Waheed’s former Human Rights Minister Dhiyana Saeed, as well as former Military and Police Intelligence Chiefs have independently revealed the existence of opposition plots to assassinate President Nasheed while he was still in power.

With the change of guard on February 7 last year, that has become unnecessary. With the country’s runaway judiciary and security forces firmly under their grip, there is not much to stop the Waheed regime from eliminating him ‘legally’ and ‘by the book’. And this, evidently, is the plan that is currently in place.

Your friendly neighbourhood democracy

Simply put, there is a zero percent chance of an inclusive, fair or free elections being held in the Maldives with the current regime in power.

Faced with this conundrum, Maldivian democrats as well as Indian analysts appear to be looking towards India as the saviour to back Nasheed, who – in a frantic Hail Mary move – is now holed up at the Indian Embassy.

The question is: Why should Maldivian democrats trust India?

There is little reason to expect India to step into the internal affairs of the Maldives for the sake of grand concepts like freedom or democracy in the neighborhood.

One feels that despite the rise of nationalist and Islamist radicals, and the runaway judiciary, and the reversal of democracy in the neighbourhood, and the creation of a police state in the Maldives, what really inspired India’s change of heart about the Waheed regime was the loss of its economic investments. In other words, had GMR not been thrown out, India would have likely continued to turn a blind eye to the regime’s systematic dismantling of democracy in the Maldives.

Perhaps, having been rudely rebuffed by the Waheed regime that has now chosen to align with China, India is merely invoking the patron saint of lost causes by turning to Nasheed.

For the average Maldivian, however, the power struggles between the two large regional powers are a matter of less importance than having a working economy, a functioning judiciary, an expectation of justice, a representative government, and freedom from a familiar brutal police state that has reared its head again after a 3 year slumber.

The solution to these problems have to necessarily be local. Far from relying on foreign intervention, the MDP needs to campaign and educate and rally the public behind the goals of judicial overhaul and peaceful civil disobedience for change.

While one must acknowledge the invaluable assistance from theiInternational community in forcing the iron-fisted Gayoom to bow down before the people and ushering in the democratic transition in the last decade, the truth is that sustaining a democracy is a task that is best accomplished at home.

Not India’s war

The playwright George Bernard Shaw said in the early 1900’s, “Democracy is a device that ensures we shall be governed no better than we deserve”.

The harsh truth is that the Waheed regime has survived for over an year – despite the reckless trampling over citizens rights, the outright hostility towards the free media, the excessive brutality and the total impunity – only because the Maldivian public has allowed this injustice to take place.

Appearing on The Daily Show, President Nasheed quipped about the Americans following India’s lead in legitimising the coup: “I wonder if it is an intelligent thing to outsource your foreign policy”

Likewise, it is perhaps lazy and counter-productive for Maldivians to outsource the task of nation building to a neighbouring country that has its own vested interests. Indeed, this is perhaps one of the primary lessons that Maldivian democrats should take away from the experience of the February 7 coup. What has been stolen from the Maldivian citizens must be reclaimed by the Maldivian citizens. The responsibility for safeguarding our democracy remains ours and ours alone.

While India intervention could certainly make the task of restoring democracy exponentially easier, it nevertheless remains an objective that needs to be met regardless of India’s stand on the matter.

And yet, as a liberal, democratic Maldivian citizen, one hopes that New Delhi might one day realise that propping up military and Islamist backed anti-democratic forces in its immediate neighborhood will never serve India’s interests – either in the short term or the long term.

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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US, UK, UN call for restraint, “inclusive” presidential elections

Foreign governments and international bodies have taken India’s lead, expressing concern over the political instability in the Maldives and emphasising the importance of all parties being able to put forward the candidates of their choice in the upcoming elections.

“Now that the President of the Election Commission of Maldives has announced that Presidential elections would be held on 7 September 2013, it is necessary that the Presidential nominees of recognised political parties be free to participate in the elections without any hindrance,” stated India’s Ministry of External Affairs (MEA) on Wednesday, after former President Mohamed Nasheed sought refuge in its High Commission.

“Prevention of participation by political leaders in the contest would call into question the integrity of the electoral process, thereby perpetuating the current political instability in Maldives,” the MEA stated.

The United States Embassy in Colombo urged “all sides to remain calm, reject the use of violence, and avoid rhetoric that could increase tensions.”

“Former President Nasheed must be accorded due process under the law regarding his pending court cases,” the US Embassy said in a statement.

“We urge that the Presidential elections scheduled for September 7, 2013 be free, fair, credible, transparent and inclusive. The integrity of and public confidence in the Maldivian electoral process must be maintained.

“Accordingly, we note that all parties participating in these elections should be able to put forward the candidate of their choice. We continue to urge all parties to chart a way forward that respects Maldivian democratic institutions, the rule of law, human rights and fundamental freedoms,” the US added.

The UK issued a statement similarly calling for calm and restraint.

“During FCO Minister Alistair Burt’s recent visit to Maldives, he said it was vital that the country move decisively towards free, fair and inclusive Presidential elections. He also stressed the importance of all parties being able to participate in elections with the candidate of their choice. It is important for all parties to avoid taking action which could lead to doubt over the integrity of the electoral process and contribute to continuing instability,” the UK’s Foreign and Commonwealth Office stated.

The UN Secretary General’s office stated that it was “monitoring the developments with concern”, and urged “all political actors to exercise restraint, renew their commitment to the constitution and work toward creating conducive conditions for fair, peaceful and inclusive elections.”

“All parties contesting the September 7 presidential elections should be able to field the candidates of their choice in accordance with the rule of law and the constitution,” the UN stated.

Transparency Maldives (TM), which will locally be conducting an extensive program of election monitoring, meanwhile expressed “deep concern over the continuing political polarisations and tensions that have strained the democratic gains from the past elections,” and called for all sides to “guarantee and sustain an environment conducive for free and fair and fully inclusive elections.”

“As such, there is an immediate need for the political and State leadership to resort to a process of negotiations towards addressing the challenges for free and fair and fully inclusive elections. At the heart of such a process should be showing leadership and a spirit of compromise that we saw during the pre-election and post-election period of the 2008 Presidential Elections,” Transparency stated.

Government speaks to India

Following India’s initial warning that a failure to allow all political leaders to contest the elections would call into question the integrity of the electoral process and perpetuate instability, the Maldives Ministry of Foreign Affairs Ministry declared it was “unfortunate that the Government of India has decided to comment on the types of candidates that could contest the upcoming Presidential Elections in the Maldives scheduled for September 2013.”

“The independent Elections Commission has not, as of date, announced the candidates for the elections. Furthermore the Government firmly believes that the Elections Commission of Maldives is fully capable of evaluating and deciding eligibility of nominees in the elections and carrying forward a credible electoral process. To presume otherwise would be undermining the democratic institutions of the country and the progress achieved by the Maldives in consolidating its democracy,” the Foreign Ministry said in a statement.

Nasheed’s on-going trial “is a matter handled by two independent State institutions, namely the Prosecutor General and the judiciary. Like any other democratic country, the executive branch of the Government of Maldives cannot, under the Constitution of the Maldives, interfere with the independence of the judiciary, and will indeed ensure that the independence of the judiciary is always upheld.”

Home Minister Mohamed Jameel was more direct, telling local media yesterday that any attempts by another country to prevent a person from facing charges pressed by an independent Prosecutor General, could be described as interfering domestic matters of a sovereign state.

Jameel – formerly Justice Minister under Gayoom’s government – maintained that the charges levied against the opposition Maldivian Democratic Party (MDP) presidential candidate were serious as they involved the “abduction of a senior judge”.

India’s Minister of External Affairs Salman Khurshid meanwhile spoke to his Maldivian counterpart Dr Samad Abdulla on Thursday (February 14).

Samad told Khurshid there were no court summons pending for Nasheed “but in the instance that such a summons is issued, Nasheed will have to attend the hearing.”

“Samad also said that it is unacceptable for any person to speak against this, as this is in accordance with the constitution of the Maldives,” read a translated statement from the Ministry of Foreign Affairs.

According to the MEA, Khurshid told Samad that India “has broad based contacts with all political parties and democratic institutions in the Maldives, without interfering in the internal affairs of the country”, as part of its “commitment to multi-party democracy.”

“India has stressed in the past that it would like to see free, fair, credible and inclusive elections leading up to a stable, peaceful and prosperous Maldives. India would be happy to work with the Government and all political parties in the facilitation of this objective,” the MEA stated.

Samad had assured Khurshid that the Maldivian government “would do its utmost to prevent any precipitate act that adversely affects the atmosphere for a free and fair democratic process and rule of law,” the MEA added.

Situation on the ground

Some protests took place on Thursday evening and there were reports of three arrests, less than those recorded the previous evening, which saw 16 arrests from a crowd of 1500 people.

Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor said the party was planning protests on Friday evening from 9:00pm.

Nasheed has called for an interim caretaker government in the lead up to the elections. He remains inside the Indian High Commission, despite the government’s insistence he is free to move around after a warrant for his arrest issued by the Hulhumale Magistrate Court expired with the cancellation of Wednesday’s trial hearing.

“It is difficult to say [how long Nasheed will remain inside] because the situation is so fluid,” said Ghafoor.

“I don’t think he will stay any longer than he needs to. The focus is on finding an interim solution. The party has advised him not to leave. It is unthinkable for him to step outside, as he will be killed. None of us feel safe right now. We have no other choice,” he said.

Ghafoor said the party did not consider the Hulhumale’ court’s independence from the government or its independence, despite the government’s insistence to the contrary.

The Hulhumale’ Magistrate Court was created by the Judicial Services Commission (JSC) in violation of the Judicature Act, the MDP contend. The JSC has also appointed the three-member panel of judges hearing Nasheed’s case at the court.

“We do not trust warrants from this court,” Ghafoor said. “During the Supreme Court’s 4:3 decision favouring the legitimacy of the Hulhumale Magistrate Court, Supreme Court Judge Adam Mohamed went to the Supreme Court as an appellant. He is head of the JSC, he threw the casting vote in the Supreme Court decision, and the judiciary accepts this,” Ghafoor said.

“[Government-aligned] Jumhoree Party leader and resort owner Gasim Ibrahim is also a member of the JSC, which appointed the panel of judges. Gasim is a rival presidential candidate to Nasheed,” Ghafoor noted.

“This country is set to explode unless India helps us.”

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Nasheed gives India a second chance to correct diplomacy: Firstpost

Having played a stupendously bad hand in the diplomatic game with Maldives a year ago, when former President Mohamed Nasheed was ousted in a coup, India has been given a rare second chance to get its priorities right in the Indian Ocean island, writes Venky Vembu for India’s Firstpost publication.

On Wednesday, Nasheed sauntered into the Indian High Commission in Male and sought refuge there from imminent detention by the police. An arrest warrant had been issued in his name for failing to appear before a local court in connection with events that preceded the coup that displaced him in 2012.

India has done right by giving Nasheed shelter, even at the risk of incurring the wrath of the government of President Mohammed Waheed, which is now preparing to use “non-lethal chemical agents” to disperse Nasheed’s supporters outside the Indian High Commission. Police are gathered in force outside the Indian High Commission, waiting to nab Nasheed, should he step out.

The situation is very volatile, and although the court appears to have rescinded the requirement for Nasheed to appear before it, it seems clear that the government is hell-bent on ensuring that Nasheed, who retains immense mass popularity even a year after his ouster, does not get to contest the upcoming presidential election, scheduled for 7 September.

On Wednesday, a statement issued by India’s external affairs ministry also signaled its support for Nasheed’s candidacy in the election, and urged the Maldivian government not to disqualify candidates – as that would impinge on perceptions of how free and fair the elections are. The Maldivian government has responded petulantly, urging India to respect Maldives’ judiciary and not interfere in internal political matters. The gloves, it appears, are coming off.

All these expressions of Indian solidarity with Nasheed come as a sharp contrast to the events of a year ago, when India ended up backing the wrong horse. It gave tacit backing to Mohammed Waheed, the coup leader, who replaced Nasheed, the island’s first democratically elected leader.

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