Tag: Nasheed

Commonwealth endorses CNI, MDP claims report “legitimises coup”

Commonwealth Secretary-General Kamalesh Sharma has welcomed the release of the report by the Commission of National Inquiry (CNI), and urged “all concerned to respect the findings of the commission so that, moving forward, all actions and reactions reflect the sense of responsibility and restraint necessary in the best national interest.“

The report, delivered by Singaporean judge G. P. Selvam to President Mohamed Waheed Hassan on the morning of August 30, claimed there was no evidence to support claims by former President Mohamed Nasheed that he was ousted in a coup d’état, that his resignation was under duress, or that there was any mutiny by the police and military.

Regarding the resignation of Nasheed’s member on the Commission Ahmed ‘Gahaa’ Saeed, on the grounds that the commission had failed to consider key evidence, testimonies and phone recordings, Secretary-General Sharma said it “was unfortunate that Mr Saeed felt he must dissociate himself from the findings of the Commission.”

“I commend the members of the commission for the intensive work they did to produce the report. I also note the report identifies a number of important issues that need to be addressed regarding the basic institutions of democratic governance, notably the rule of law and administration of justice, the People’s Majlis (Parliament), and the media. This report provides an opportunity for all stakeholders to reflect calmly and carefully, and find a way forward based on dialogue, consensus and reconciliation.

“The task ahead for all Maldivians must be to strengthen democracy in the Maldives. An atmosphere of peace and public order is essential for that to happen,” Sharma said.

The Secretary-General’s Special Envoy to the Maldives, Sir Donald McKinnon, will shortly return to the country “to explore how the Commonwealth can assist Maldives to move forward in a peaceful and consensual manner, and how democratic institutions can be further strengthened,” he added.

Government now legitimate: Waheed

President Mohamed Waheed Hassan at a press conference declared his presidency “clearly legitimate”, following the report’s release: “It is time to stop questioning the legitimacy of the government. It is time to stop illegal activities and activities that go against generally acceptable social norms,” Waheed said.

“The Commission’s findings are clearly stated. I do not believe there is any room to raise any questions about the transfer of power.”

“Most of my time and that of my colleagues in government have been consumed in finding ways to contain the loss and minimise damage to people and country. With serious harm inflicted on our tourism industry, we had to work in partnership with the industry to find ways to overcome serious challenges. We had to respond to allegations made to discredit the government and its officials. Much work had to be done to explain the truth to the people of the Maldives and members of the international community,” Waheed stated.

“We should now ask ourselves how we have spent the last six months. What have we spent our energy on? How much have we damaged our economy due to the harm inflicted on our main industry? How have we lived as a people with fear in our hearts and no peace in sight? How much suffering have we endured as a people due to actions by some only to further their own interests? The damage to our economy and social fabric within the last six months cannot be easily recovered.”

Waheed further condemned public criticism of Selvam’s integrity, stating that “I would like to highlight that the personal attacks by some against members of the commission, especially the attacks on co-chair Justice Selvam’s character, are not acceptable in a civilised society.”

“May the Almighty Allah bestow upon the people of Maldives a better tomorrow. May Allah keep our country a peace loving nation. May Allah keep this land of ours independent and peaceful forever.”

Following the press statement given by President Waheed, the MDP called on an emergency National Executive Council Meeting in the Dharubaaruge conference hall.

A large number of MDP supporters gathered in and outside of Dharubaaruge after the report was released.

During the meeting, several members condemned the actions of Commission of National Inquiry (CNI) for the release of its “inaccurate” report on the controversial transfer of power that took place on February 7.

MDP Spokesperson MP Imthiyaz Fahmy, speaking at the meeting, said that the people would “forever remember” that what happened on February 7 “was a coup”, and said the party would not stop its calls for a “legitimate government”.

“Remember this: the Maldivian people will as long as they live remember that what happened on February 7 was a coup d’etat. What the CNI did was try to legitimise the coup, but truth will prevail. We will remain determined in our calls for a legitimate government,” Fahmy said.

Another attendee called on members of the party to launch “immediate direct action” and protest against the government until it gave way and held democratic elections.

Former Minister of Environment Mohamed Aslam observed that the CNI’s report implied that “anyone who wishes to become President can become so if they gather the support of the police and military.”

“What we saw was a coup d’etat. If we let such an offence go by without justice, this is a very bad precedent we are setting here, and the MDP will not let that happen. I ask all our members from among the islands to come to Male’ and join us in our cause,” he added.

Outside Dharubaaruge police entered into the amassing crowds, leading to verbal confrontations and some scuffles.

Minivan News observed one young woman being arrested for what nearby protesters alleged was “for taking photos of the police”.

After the confrontations, Special Operations (SO) officers stationed themselves at the two ends of Ameenee Magu in front of Dharubaaruge.

International response

The US State Department also issued a statement on August 30 calling on Maldivians “to respect the findings of the CNI.”

“Now that the commission has released its report we urge all parties to respect those findings, to exercise restraint, obey the rule of law, and continue to express themselves in a peaceful and nonviolent manner,” said State Department Spokesperson Victoria Nuland.

“Now is the time for all parties to work together through dialogue to chart a positive way forward that respects the Maldivian constitution, democratic institutions, human rights, and the will of the Maldivian people,” Nuland said.

India’s Ministry of External Affairs MEA issued a statement ahead of the report’s release saying that it was “essential for all stakeholders to demonstrate a sense of responsibility in respecting the outcome of the Commission’s report, and to express views on the report of the CNI with calm and restraint.”

“Actions that might adversely impact on the atmosphere of peace and tranquility in the Maldives need to be avoided. India hopes that all political parties in the Maldives would take up the issues arising out of the CNI report through a peaceful political dialogue, to make a way forward for resolving the political situation in the country,” the MEA statement read.

UN Secretary-General Ban Ki-Moon also issued a statement saying he “welcomed the start today of high-level political dialogue, and hopes that this leads to national reconciliation and a way of moving forward”, while at the same time expressing “concern at the prospect of renewed political tensions should any side not accept the outcome of the inquiry.”

“The secretary-general calls on the parties to respect the constitution, create a peaceful and transparent environment conducive to dialogue and take steps to strengthen democratic reform and institutions,” the statement read.

The EU meanwhile said it had “taken note of the release of the report of the Commission of National Inquiry on the events surrounding the transfer of power in the Maldives on 7 February.”

“It recalls that all political groupings had previously undertaken to respect the CNI’s findings, although the report would certainly have been controversial whatever the outcome. It is now more than ever essential that genuine efforts be made by all political actors to work together in the interests of the country to ensure that the democratic system is upheld; to allow the normal business of government to continue; and to prepare for free and fair elections, which should be held as soon as possible,” said Michael Mann, spokesperson for EU foreign affairs chief Catherine Ashton.

Next move

Former Foreign Minister to the Maldives and UN Special Rapporteur on Iran, Dr Ahmed Shaheed, said the results of the Commonwealth’s “shoddy” work was “very disappointing”.

“The problem appears to have been simple – they relied on the work of the former three member commission appointed by Waheed, including the timeline, which received no input from the MDP,” he said.

“This is a setback, largely because the MDP was too willing to make concessions to the government in terms of the CNI’s structure. The MDP should not have accepted Shafeeu [as co-chair], shouldn’t have accepted a judge from a specific country, and should have demanded two representatives. In our eagerness to cooperate, we underestimated Waheed’s lack of sincerity,” Dr Shaheed said.

Key witnesses, such as Deputy Leader of the former opposition Progressive Party of the Maldives (PPM), Umar Naseer, refused to attend when summoned.

“This was a commission of inquiry and it places the burden of proof on Nasheed, as if he is the plaintiff,” said Dr Shaheed.

“The report is also very contradictory – it says Nasheed used too much force to try and arrest the police, and then says he should have used the force he was legally allowed to. There is no reference to discontent in the army in any way – evidence that was given [to the commission] by very senior people in the armed forces, and it notes that the Police Act does not refer to ‘mutiny’ by police, which is the same as saying it does not refer to ‘rape’.”

“International members on the commission were not provided access to vital evidence such as CCTV footage from police and army headquarters, or of the MNBC takeover,” Dr Shaheed said. “The draft also  came after the three weeks [Selvam] was on leave, missing interviews which would have provided a different picture.”

“This is what you see when you put the light only in one place – you do not see full picture. The report’s shortcomings are evident in its contradictions. It supports the government’s claims, but does not vindicate what happened. It is very hard to justify what is missing from the report.”

By way of example, Dr Shaheed referred to the Commission’s questioning of Permanent Secretary of the Ministry of Environment, Mr Saleem, over an SMS concerning the distribution of MVR 2.4 million (US$155,640) to the ‘mutinying’ policemen.

“The Commission summoned Mr Saleem. He debunked the message effortlessly, claiming that he did not recall sending such a message,” the report stated.

“He says it didn’t happen and they accept it instantly,” Dr Shaheed challenged.

He  suggested that with the publication of the report, international groups would now “be eager to wash their hands of the Maldives,” – [For example, the Commonwealth is now facing challenges in Gambia].

The MDP would be unwilling to accept the report which would lead to further political turbulence, he predicted.

“This report was the best opportunity to get out of the current situation in a peaceful manner. It is a huge disappointment that will come at great cost to the Maldives,” Dr Shaheed said. “As written, the report endorses direct action and sets a precedent that anyone can overthrow the legitimate government.”

“The report speaks of the need to build institutions, but it condones the violent overthrow of the government which does not set the stage for peaceful reconstruction. This is a setback, but they cannot use a report of this nature to paper over what happened. The MDP is rightly outraged, and we will soon see the true nature of the regime. There are very turbulent times ahead.”

President’s Office Spokesperson Abbas Adil Riza dismissed the MDP’s allegations that the CNI failed to consider key evidence, including phone calls and testimonies – allegations that led Nasheed’s representative on the commission to resign, and the party to challenge its credibility.

“The Commonwealth and UN observers, as well as the members and Judge Selvam, did not agree with Saeed on that point. They said all evidence was taken into account, and the report was compiled according to formal structures they organised,” Riza said.

“The observers met with president and conveyed the message that whatever formalities were performed was international best practice,” he said.

“The government has always maintained its stand that Nasheed will not accept the report or its outcomes, whatever they may be. Nasheed made an agreement with Mckinnon to accept the outcome, whatever the outcome was. Even though he removed his representation, it is already done.”

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Tensions increase as MDP slams CNI outcome

A strong police presence is building around parts of Male’ as opposition Maldivian Democratic Party (MDP) supporters gather at the Usfasgandu protest area and the nearby Dharubaaruge conference centre for a meeting of its national congress this afternoon.

Tension has risen over the last 24 hours in the build up to the release of the Commission of National Inquiry (CNI) report investigating the controversial transfer of power on February 7.  The events brought President Mohamed Waheed Hassan to power.

The findings, unveiled by President Waheed this morning, stated that the change of government was “legal and constitutional”, and the events of February 6 and 7 “were, in large measure, reactions to the actions of President Nasheed.”

The report has been “welcomed” by the Commonwealth, which has called for continued dialogue to find “consensus” on a way forward for the country’s political parties.

However, the MDP has maintained that the government of former President Mohamed Nasheed was removed from office illegitimately.

MDP Spokesperson MP Imthiyaz Fahmy today claimed that the people would forever remember that what happened on February 7 was “a coup” and that the party will not stop their calls for a legitimate government.

“Remember this, the Maldivian people will as long as they live will remember that what happened on February 7 was a coup d’etat. What the CNI did was legitimise the coup, but truth will prevail. We will remain determined in our calls for a legitimate government,” Fahmy said.

Former Minister of Environment Mohamed Aslam claimed that the actions of the CNI implied that anyone “who wished to become president or to come to power” can now become so “if they gather the support of the police and military”

“What we saw was a coup d’etat. If we let such an offence go by without justice, this is a very bad precedent we are setting here, and MDP will not let that happen. I ask all our members, among the islands to come to Male’ and join us in our cause,” he added.

Government-aligned politicians such as Dhivehi Rayyithunge Party (DRP) Leader Ahmed Thasmeen Ali have said that while not everyone will agree on the CNI findings, “finality” was now needed on the issue of the transfer of power in order to begin addressing wider political concerns in the country.

Meanwhile, Maldives National Defence Force (MNDF) has issued a statement stating that the findings were a comfort to the institution’s officers and families.

The decision that the transfer of government went according to the constitution by an independent commission was seen as proving accusations against the MNDF were wrong, the military contended.  The statement added the the findings brought courage and confidence to maintain its “important national service”.

Minivan News this morning observed police Special Operations (SO) officers stationed at the two ends of Ameenee Magu in front of Dharubaaruge. The gatherings have so far in general remained peaceful, with police not attempting to disperse the crowds.

Police today expressed concern that the MDP was deciding to take to the streets and announced that 21 persons had been arrested in the last 24 hours.

LIVE UPDATES – refresh this page:

16:52 – Local newspaper Haveeru has reported that the Maldives Police Service (MDP) has sent a summons to Former Defense Advisor Ameen Faisal.

17:00 – Police Sub-Inspector Hassan Haneef has confirmed that a chit was sent to Ameen Faisal. According to Haneef, Faisal has been asked to present himself to the police headquarters at 9pm tommorow (August 31).

Haneef did specify on what grounds Faisal was being summoned.

17:04 – “People are losing their tempers and leaving the Dharubaaruge conference centre in droves,” reports Minivan News’  Daniel Bosley.

“If we are just going to talk, we should go home,” a male participant at the national congress is observed shouting.

17:14 – The Maldives Police Service website has claimed two suspects had been taken into custody at 16:30 this afternoon after reportedly being found attempting to set fire to a waste disposal site (Kunigondu).  Items have been seized from the suspects.  There was no confirmation if their alleged actions were politically motivated.

17:19 – The MDP national congress had ended without resolution.  Former Environment Minister Mohamed Aslam asked attendees inside shortly before the meeting’s end if they would prefer to go out into streets or continue the meeting, Minivan News observed.

17:24 – Former President Mohamed Nasheed has not been observed at the congress today. MDP MP and Spokesperson Hamid Abdul Ghafoor has said ahead of a proposed march later today: “Nasheed is always seen as a cult leader.   This is a good opportunity to test the party’s strength without just following him.”

17:29 – Minivan News has observed between 200 to 300 MDP supporters setting out to reach Chaandhanee Magu junction.  However their progress has been blocked by a truck carrying police officers.  The supporters are now believed to be heading towards the parliament.

17:35 – Local newspaper Haveeru has reported that group of MDP protesters have been split into different groups after being blocked by police.

17:42 – Local media has said that protesters have now reached the Chaandhanee Magu junction.

17:59 – Local media has reported Police and MNDF officers are now chasing protesters at Chandhanee Magu. According to Haveeru, eight people have been arrested – six male, two female.

18:09 – Sun Online has reported police have confirmed the arrest of 10 people during ongoing protests. The demonstrators are said to have been charged for obstructing police in their duties.

18:24 – Speaking to Minivan News today, Ahmed Thasmeen Ali , Leader of the government-aligned Dhivehi Rayyithunge Party (DRP) has said he believes talks scheduled to take place at the Bandos Island Resort and Spa this evening are still happening.

“To the best of my knowledge the talks are still taking place. I plan to take part myself,” he said.

Following the findings of the CNI report this morning, Thasmeen contended that the focus of the talks, which had previously outlined an agenda including discussions on potentially scheduling early elections for this year “should now change”.

“There had previously been serious contention over the transfer of power. At this point we had been willing to discuss early elections. I think these questions have now been answered [with the CNI report]. It is now time for national reconciliation,” he said.

Thasmeen added that he believed the talks would no longer focus on agreeing a date for early elections, which President Waheed has previously said under the constitution can be scheduled for July 2013.

“I think it should be possible to move on and try finding common platforms for agreement,” he said.

Thasmeen pointed to issues of alleged politicisation within the police as a concern that could be discussed.

“During the previous government I had made allegations about [former President] Nasheed’s attempts to use the police force as a political tool,” he said. “If Nasheed is also making similar accusations now, then we can look at this issue before the next elections.”

18:33 – MDP Spokesperson Hamid Abdul Ghafoor has said that party Chairperson Reeko Moosa is expected to be in attendance at the talks scheduled for Bandos Island Resort and Spa.

“He won’t have much to say as the MDP has decided to not accept the report released by CoNI,” Ghafoor contended.

The President’s Office had specifically invited the MDP chair, the party has claimed.

Ghafoor also questioned whether “constructive discussion” will be possible during the talks.

18:59 – The Maldives Police Service website has said that a group of people accused of creating unrest at today’s protests have been arrested in an raid at the Usfasgandu area.

19:08 – Police Spokesperson Sub-Inspector Hassan Haneef, when asked for clarification on the activities of protesters charged with obstructing police duty today, has referred Minivan News to the live updates section of the Maldives Police Service website (English) (Dhivehi).

“It will be quite clear from there,” Haneef responded.

20:04 – According to official police figures, 50 people have been arrested this afternoon.  All were arrested on the charge of obstructing officers in performing their duty.  Of those arrested, seven are said to be females, with one suspect identified as a minor.

Police have also confirmed that a man was stabbed in Addu City at 17:00 this evening.  He is currently being treated at Hithadhoo Regional Hospital – no political motivation was mentioned by authorities.

Suspected MDP protesters have also been accused of vandalising the attorney general’s car and removing the flag attached to the vehicle at 18:55 this evening, police have said.

20:15 – Minister of State for Home Affairs Mohamed Fayaz has told Minivan News that fears of potential unrest occurring in the country’s prisons following the release of the CNI report has not been realised.

Fayaz, who also serves as Head of the Department of Penitentiary and Rehabilitation Service (DPRS), alleged in local media earlier this week that communications between political figures and inmates had been facilitated through mobile phones smuggled into prisons to try and create unrest.

“Military fire capacity and police backup will be available on that day,” he was quoted as telling Sun Online at the time in the case of any incidents.

20:47 – Organisations including the Commonwealth, US, India, UN call for the CNI’s report outcome to be respected in light of its publication today, Minivan News has reported.

21:15 – The European Union has announced it has taken note of the release of the CNI report and the events surrounding the controversial transfer of power on February 7.

“[The EU] recalls that all political groupings had previously undertaken to respect the CNI’s findings, although the report would certainly have been controversial whatever the outcome,” said Michael Mann, Chief Spokesperson for Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy.

“It is now more than ever essential that genuine efforts be made by all political actors to work together in the interests of the country to ensure that the democratic system is upheld; to allow the normal business of government to continue; and to prepare for free and fair elections, which should be held as soon as possible.”

22:00 – Haveeru has reported that the government has called for the Commonwealth Ministerial Action Group (CMAG) to remove the Maldives from it agenda.

The Maldives was placed on CMAG’s agenda back in February after the Commonwealth called called for a “formal” independent and impartial investigation, with the involvement of international partners, to ascertain the details behind the controversial transfer of power earlier in the month.

The decision meant the Maldives would no longer be able to participate in CMAG while it remained on the Commonwealth’s watch list.

However, with the publication of the CNI’s report today, State Foreign Minister Dunya Maumoon told local media that the government now called to be removed from the CMAG agenda immediately as a result of the findings.

“We believe that it was set on the agenda in an inappropriate manner. Several accusations and lies were directed towards the Maldives. The Maldives was included in the CMAG’s agenda through the influence of personal connections of certain individuals,” she was quoted as saying in Haveeru.

The report quoted Dunyaas saying that the CNI’s findings had backed the government’s claims that it had been brought to power under constitutional means.

“So now we know that this is a constitutional government. We don’t have to face any more accusations. It has all been cleared,” she said.

22:15 – Police Spokesperson Sub-Inspector Hassan Haneef has said police are advising people not to walk the streets in groups of more than three people.

Haneef added that groups larger than three would face being stopped and questioned by officers as part of an ongoing special operation police have said was introduced to reduce the chances of violent unrest in the country around the CNI report release.

“We have continued to advise people not to go out and commit unlawful acts,” he said.

00:39 – Police claim 13 people have been taken into custody for creating unrest. A minor is said to be among the suspects.

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No coup, no duress, no mutiny: CNI report

The Commission of National Inquiry (CNI) has released its report into the circumstances surrounding the controversial resignation of former President Mohamed Nasheed and the transfer of power on February 7.

The CNI was initially a three member panel (Dr Ibrahim Yasir, Dr Ali Fawaz Shareef and chairman Ismail Shafeeu), formed by incoming President Mohamed Waheed Hassan to examine the circumstances surrounding his own succession to the Presidency.

Nasheed and the ousted Maldivian Democratic Party (MDP) have maintained that the former President’s resignation took place under duress during a police and military mutiny, and that Dr Waheed’s government was illegitimate.

The MDP and the Commonwealth subsequently challenged the impartiality of the CNI, and it was reformed to include retired Singaporean judge G. P. Selvam and a representative of Nasheed’s, Ahmed ‘Gahaa’ Saeed.

Retired Court of Appeal judge from New Zealand, Sir Bruce Robertson, and Canadian UN Legal Advisor Professor John Packer, were appointed as international advisers representing the Commonwealth and UN respectively.

Nasheed’s representative Saeed resigned from the CNI on the evening of August 29, denouncing its credibility and alleging that the final report excluded testimony from key witnesses as well as crucial photo, audio and video evidence.

The investigation did not consider the police crackdown on demonstrators on February 8, focusing largely on the events of February 6-7.

Report findings

According to the published report, which was delivered by Selvam to President Waheed on Thursday morning, the change of government was “legal and constitutional”, and the events of February 6-7 “were, in large measure, reactions to the actions of President Nasheed.”

“The resignation of President Nasheed was voluntary and of his own free will. It was not caused by any illegal coercion or intimidation,” the report claimed.

In addition, “There were acts of police brutality on 6, 7 and 8 February 2012 that must be investigated and pursued further by the relevant authorities.”

The report dismissed the MDP’s allegations that the government’s ousting was a ‘coup d’état’, stating that the Constitution “was precisely followed as prescribed.”

“There appears nothing contestable in constitutional terms under the generic notion of a ‘coup d’état’ that is alleged to have occurred – quite to the contrary, in fact,” the report claimed.

“In terms of the democratic intent and legitimacy of the authority of the Presidency, as foreseen in the Constitution, President Waheed properly succeeded President Nasheed.”

“As President Nasheed clearly resigned and now challenges the voluntariness and legitimacy of his action, the onus is on him to establish illegal coercion or unlawful intimidation.”

Witnesses “lying”

In the course of its work the CNI interviewed 293 witnesses, 15 on multiple occasions. It also reviewed documentary evidence.

“The Commission notes that in many disputes, there can be difficulty in getting to what actually historically occurred as opposed to what an individual now honestly and sincerely believes to have happened,” the CNI report stated.

“Many people have heavy commitments to certain positions and on occasion their recollections were simply wrong. They had a recall that could not be correct when viewed alongside videos, photographs and other evidence. It is unhelpful to call this ‘lying’ but it must be allowed for as conclusions are sought,” it noted.

“Many people seem to think that because an allegation has been made, someone is under an obligation to counter or undermine it. When the allegation lacks substance or reality, nothing is required in response.”

The timeline produced by the three member panel meanwhile faced “virtually no challenge of substance”, and the reformed commission “affirms its own reliance on the timeline.”

Definitions: Not a coup, not under duress, not a mutiny

Regarding Nasheed’s allegation that his resignation was under duress, the report stated that “because of the seriousness of the charge, [the] person who alleges illegal duress or intimidation carries the legal burden as well as the evidentiary burden of proof.”

“It is an inevitable conclusion of the totality of the credible evidence that the only available firearms which were anywhere near the President between 4.37 am and 1:30 pm on 7 February 2012 were those which were carried by his SPG [bodyguards]. There is no evidence to suggest that the arms in possession of the SPG were a threat to him,” the report stated, in its conclusion.

“The Commission does not accept that his activities were closely monitored or that the military or the three civilians were issuing orders. Even if they had been, that does not signify coercion.”

The report dismissed claims by former Foreign Minister Ahmed Naseem that Brigader General Ahmed Shiyam was armed with a pistol in the company of Nasheed.

“Yet another witness, the Minister of Tourism in President Nasheed’s government, Maryam Zulfa, said that it was Riyaz who had a gun. This was because according to her there was a bulge in the pant pocket of Riyaz,” the report stated.

“The Commission is forced to conclude that this is evidence which although it may be the presently-held view of those people, is so inconsistent with the totality of the material that it cannot be relied upon.”

“All the credible evidence showed that neither [retired Colonel] Nazim, nor anyone else, delivered the threat alleged by President Nasheed.”

The report noted that coercion “as a result of unlawful activities by other people was a constant theme from many witnesses.”

“Because illegal or unlawful acts or omissions were going on in the community, it seemed to be the view of a number of witnesses that this had the effect of coercing the President to resign. The Commission does not comment on the allegations of such activities because they are not within our mandate but there is clear and unequivocal evidence before us that there are serious allegations of wrongdoing by the military, the police and private citizens. For the Maldives to move forward, these matters must be addressed.

“However, the Commission is unable to see how it can be contended that such wrongdoings perpetrated upon others can be said to have any coercive effect upon the President.”

“Indeed, until the time of his resignation, President Nasheed possessed of many powers under the Constitution that he could have utilized including the lawful use of force. He chose not to.

“That decision may be classified as praiseworthy, but he cannot now contend that because he made those choices, that he was ‘forced’ into resigning because of what others were doing around him,” the report stated.

Definition of a coup

The report also reviewed several definitions of the term “coup d’état”.

The World Book definition, “a sudden take-over of a country’s government by a group of conspirators. Usually, the conspirators are public officials who infiltrate and then use their country’s armed forces, police, and communications to seize power”, was rejected in favour of “whenever the legal order of a community is nullified and replaced by a new order in an illegitimate way, that is in a way not prescribed by the first order itself.”

The report also defined the word “mutiny” as “under the law of the Maldives an internal matter within the military. Its aim is not to remove the President from office or to overthrow the government.”

As for the police, “The Maldives Police Act 2008 does not contain the offence of mutiny by police. So the offence of mutiny is confined to the military. Any illegal subordination by a policeman would be an internal matter subject to disciplinary proceedings.”

CNI conclusions

Nasheed provided the commission with a “with a list of some 67 names, whose bank accounts and telephone logs he requested be scrutinised. These allegations were unsupported by any evidence,” the report stated.

“All sorts of allegations were made against Retired Colonel Nazim on how he purportedly stalked President Nasheed, controlled his movements and dictated what he should say. Nazim, it was said, even wanted the pen used by President Nasheed to write his resignation. There was ample credible evidence rebutting these false allegations.

“Such allegations are very easy to make and some naively suggested that if the Commission trolled through scores of bank accounts, telephone records, SMS logs and intelligence reports, all would be revealed.

“The Commission lacks the ability to do so comprehensively, although when it made specific requests in individual cases, information was provided and revealed nothing of consequence.

“Aslam, while appearing before the Commission, read about an SMS attributed to Mr Saleem, the Permanent Secretary of the Ministry of Environment. The SMS spoke of a distribution of MVR 2.4 million (US$155,640) to the ‘mutinying’ policemen. The Commission summoned Mr Saleem. He debunked the message effortlessly, claiming that he did not recall sending such a message.”

“After hearing him, the Commission would not invade and investigate the privacy and personal affairs of all and sundry as desired by President Nasheed and his aides in the absence of minimally credible supporting evidence,” the report said.

“A coup d’état required positive action against President Nasheed. Non-action and inaction cannot constitute a coup d’état. Moreover, the Constitution does not call for loyalty of anyone to the President. It calls for the loyalty to the Constitution.

“In sum, the Commission concludes that there was no illegal coercion or intimidation nor any coup d’état. The Commission has received no evidence supporting or to substantiate these allegations. This disposes the main mandate of the Commission.”

Read the full report

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Nasheed discusses CMAG team’s apparent dismissal of “coup” claims in leaked audio

Local television station DhiTV has leaked an audio clip appearing to involve former President Mohamed Nasheed discussing the opinions of several Commonwealth Ministerial Action Group (CMAG) members concerning February’s transfer of power.

In the recording, Nasheed is alleged to have said that three Commonwealth foreign ministers sent to investigate the controversial power transfer had determined that the events on February 7 did not amount to a coup.

Foreign Ministers from Bangladesh, Barbados and Australia visited the country in February concurrent with the body’s remit to investigate potential violations of the organisation’s political values.

In the clip, Nasheed appears to be recounting his discussions with the CMAG members.

“I asked them, if they decide that that’s what happened, what will I do next? The entire opposition of this country will go to prison,” Nasheed appears to claim in the clip, reported to be an excerpt from a thirty minute-long recording.

MDP spokesperson Hamid Abdul Ghafoor told Minivan News that he doubted the clip’s authenticity.

“It’s difficult to believe that Nasheed would talk about it publicly. I feel it is a fabrication,” said Ghafoor.

After sending its investigative team, CMAG announced that it had not been possible to determine the constitutionality of the transfer of power.

The group, therefore, recommended that an independent investigation, with international representation, be conducted.

The Maldives, which since 2009 was a member of CMAG – the Commonwealth’s eight nation watchdog group – was subsequently suspended from the body after being placed on its formal agenda.

Continued pressure for inter-party dialogue and early elections from the Commonwealth led to strong criticism of the organisation from local politicians earlier this year, before resulting in the eventual reconstitution of the Commission of National Inquiry (CNI).

The CNI is scheduled to publicly publish its findings on August 30.

Nasheed’s Maldivian Democratic Party (MDP) has suggested that he and his ministers be reinstated should the investigation find evidence that a “coup” had taken place.

The party also promised its acquiescence in the event that the CNI find no evidence of illegal activity whatsoever, a likelihood Nasheed does not anticipate.

Meanwhile, the government, which has steadfastly denied it came to power in a “coup d’etat”, has officially refused to speculate on the possible fallout from the CNI report.

Leaders from the minority leadership party in the Majlis, the Progressive Party of Maldives (PPM), have said that they would challenge any results which disputed the legitimacy of the President Waheed’s unity government.

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MDP to hold mass rally ahead of CNI report, but will “accept findings”

The steering committee of the Maldivian Democratic Party (MDP) has decided to stage a mass rally before the publication of the Commission of National Inquiry’s (CNI) report, but has also committed to accepting the commission’s conclusion should it find there was no illegal activity involved in the ousting of former President Mohamed Nasheed on February 7.

A successful resolution proposed that should the CNI conclude February’s transfer of power was illegal, former members of the government should be reinstated, early elections scheduled, and legal proceedings initiated against those implicated.

However, should the CNI conclude that there was no coup in February, the steering committee decided it would wait for constitutionally scheduled presidential elections in 2013.

Deputy Leader of the Progressive Party of Maldives (PPM) Umar Naseer has responded to the MDP’s “amusing” proposals by stating his party’s intention to take the matter to the Supreme Court should the CNI’s findings indict the current government.

Local paper Haveeru reported on August 2 that Naseer, after refusing to testify a second time before the CNI, had argued the reconstituted commission represented an attempt by “foreigners to enter into the country’s internal affairs through the backdoor”.

Following his own statement to the committee last month, the interim leader of the PPM and former President Maumoon Adbul Gayoom told the press that he would not accept that the ousting of Nasheed amounted to a coup, regardless of the CNI’s findings.

Current President Dr Mohamed Waheed Hassan, during an interview with the BBC in June, stated his belief that he would not feel compelled to resign if he was found to have played no role in any alleged coup.

“If [the commission] find out that I had a role in bringing about a coup, then I would definitely resign,” he said. “But if I have no role – if somebody else has done it – it doesn’t mean I have to resign, according to the law of the Maldives.”

In the interview, Waheed argued that premature elections would be far more harmful to the country than his continuing presence in the President’s Office.

The CNI, originally created in February by presidential decree to investigate the events leading up to and including Nasheed’s resignation, was reconstituted in June following concerns, both domestic and international, that the committee lacked independence and impartiality.

The revised commission includes the addition of a Nasheed nominee as well as a retired Singaporean judge as co-chair.

Calm before the storm?

Last week, the MDP announced its decision to suspend its ‘direct action’ protests for the remainder of the Ramazan period in order to foster an atmosphere in which inter-party dialogue might progress.

Prior to this, the party had intensified its anti-government campaign during July, spending consecutive nights demonstrating on Chaandanhee Magu near the political and military headquarters of the capital, Male’.

The concurrent raising of tension in Male’ brought clashes between police and protesters. Injuries on both sides of the barricades brought claim and counter claim of police brutality and violent protests.

High-level parliament-initiated talks were scheduled to take place yesterday morning but appeared to stall after a number of senior party figures failed to attend.

There was apparent confusion regarding the aims of yesterday’s meetings. Jumhoree Party (JP) leader Gasim Ibrahim told local media that the meeting was “meaningless” unless the issue of resuming Majlis sittings was discussed.

The Majlis has not met since the end of July following Speaker Abdulla Shahid’s decision to suspend sittings owing to escalating tensions in the house.

Alternatively, the MDP’s representative at the meeting left the President’s Office yesterday speaking of early elections and the course of action to be taken after the CNI report’s publication.

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MDP suspends demonstrations to “facilitate meaningful dialogue”

The Maldivian Democratic Party (MDP) yesterday announced it would be suspending its anti-government protests and demonstrations in a bid to open dialogue with the government in the closing weeks of Ramadan.

In a press release, party spokesman Hamid Abdul Ghafoor stated that the demonstrations would be halted in order to “facilitate meaningful political dialogue to end the political crisis the country faces.”

“The MDP strongly believes unless there is political dialogue and agreement at a political level, the Maldives will not be able to come out of the current political crisis. In this regard, the MDP decides to halt its demonstrations to sincerely re-assure its commitment to meaningful dialogue,” read the statement.

Whilst Minivan News was today unable to elicit a response from the President’s Office, the office’s spokesman Abbas Adil Riza has expressed his scepticism in the local media.

“Though MDP tells the media that they’ve stopped their direct action protests – considering the actions of the party’s members, it’s hard to trust them. There’s a lot of intimidation,” Abbas told Haveeru.

“They’re attacking the vehicles belonging to ministers, harassing their families, disrespecting mosques, so the government needs assurance that the harassing will stop. We need to see it happen from their actions,” he continued.

The protests have been almost continuous since the resignation of President Mohamed Nasheed on February 7 – a resignation the party continue to allege was forced.

February 8 saw clashes between Nasheed’s supporters and the police, whose mutiny had brought to the boil what had been a simmering political crisis.

Tensions were heightened once more last month as the MDP embarked on a campaign of protests on Chaandanhee Magu in the political and military heart of the capital. More clashes with the police resulted in multiple arrests and injuries which, again, provoked international consternation.

The persistent activities of the anti-government activists have regularly been cited as an impediment to high-level political dialogue.

Following the tense exchanges on Chaandanhee Magu, President Waheed stated that he would not engage in discussions with the MDP whilst it continued to back street protests.

Chances for dialogue?

The most prominent vehicle for dialogue since late February has been the all-party ‘roadmap’ talks initiated by current President Dr Mohamed Waheed Hassan with the backing of Indian diplomats and United Nations mediators.

After a series of failed attempts to define a mutually acceptable agenda for the discussions, six points were agreed upon in May to be dealt with in consequential order.

The MDP’s protests since February have focussed predominantly on calls for early presidential elections. The discussion of a date for these elections was agreed upon as the last of the six points to be discussed in the roadmap negotiations.

The first of these points – public order and stability – resulted in a 30-point list of demands being presented to the MDP delegates by pro-government parties during the talks at Bandos Island Resort in June.

These demands, which included calls for the MDP to desist from using “black magic” and “erotic tools”, were deemed by the MDP to be indicative of the coalition’s lack of seriousness in progressing through the agreed agenda.

In yesterday’s statement, Ghafoor described some of these points as “plainly farcical”.

“We are committed to ensure an environment conducive to hold political talks at the highest level. Therefore, today, the MDP National Executive Committee decided unilaterally to halt the demonstrations. We hope leaders of political parties take this time to seriously engage in dialogue”.

In a further attempt to expedite progressive talks between political groups in the country, Nasheed last month offered an apology to former President Gayoom for accusing the 30-year ruler of orchestrating a coup d’etat.

Gayoom, leader of the parliament’s second largest party, the Progressive Party of Maldives (PPM), had stated that he would be unwilling to sit down and negotiate with a man who made such accusations.

The roadmap talks have formed one half of a two-pronged approach to resolving the political crisis in the Maldives. The Commission of National Inquiry (CNI), after much coaxing from the international community, was established to conduct an investigation into the events up to and including Nasheed’s resignation.

The Commission is expected to conclude its investigations by August 31 after having received testimony from a reported 244 people, including President Waheed himself.

Abbas told Sun Online that he expected the MDP would merely halt its current activities in order to prepare for a mass protest on the day the CNI report is published.

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“Come clean” on Grant Thorton’s US$10 million penalty fee, MDP tells AG Shakoor

The Maldivian Democratic Party (MDP) has asked Attorney-General Azima Shakoor to “come clean” over a US$10 million invoice from accountancy group Grant Thorton, contending that the charge was a result of the present government prematurely terminating its investigation.

In a statement released today, the MDP contested claims made by Attorney General Shakoor to local news outlets that her office received two invoices totalling US$358,000 and £4.6 million from Grant Thorton. Shakoor claimed that the charges were for legal advice provided to the MDP government, for which it had not even received a report.

She made the comments at a press conference held on Sunday after documents were leaked revealing that President Dr Mohamed Waheed’s government spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General, Baroness Patricia Scotland, prompting opposition criticism against the spending.

She said similar legal advice had  been sought previously and specifically pointed out the Grant Thorton agreement.

The ousted former President Mohamed Nasheed tasked the UK-based accountancy group to uncover large amounts of state funds allegedly embezzled during Former President Maumoon Abdul Gayoom’s 30 year-old rule, several of which were flagged in the state’s audit reports.

Attacking the attorney general’s claims, the MDP claimed that the terms of engagement contracted with the UK forensic investigators was “not on a contingent fee basis” and instead, government had agreed to pay the fee as a percentage of the proceeds of the stolen assets that were recovered.

“This type of fee was used because a fee-paying engagement would have been too expensive,” the MDP contended.  “However, given that the firm was not charging any fees, the engagement letter that was signed between the GOM and GT included a penalty clause in the event the investigation was unreasonably stopped by the government.”

Under these circumstances, the party said, the penalty would include retroactive charges for the work done by the GT but also a fine for not proceeding towards a full recovery.

“Thus the invoice for the penalty fees was submitted to the government last month when the government decided to close the investigation rather than continue with the criminal and civil complaints that had been lodged in Singapore Courts,” the statement reads.

The MDP also contended the US$10 million penalty was a “small price” to pay in order to suspend the civil and criminal proceedings reportedly underway in Singapore over a suspected illegal oil trade worth US$800 million, which was allegedly undertaken by Abdulla Yameen – Gayoom’s half-brother – while he was the head of state-owned State Trading Organisation (STO). The scheme was alleged to involve the purchase of subsidised oil through the STO in Singapore, which was sold on through an entity called ‘Mocom Trading’ to the Burmese military junta, at a black market premium.

Yameen however has denied these allegations.

Nasheed’s Presidential Commission on corruption, which had been charged with investigating the STO case was disbanded – one of incoming President Dr Mohamed Waheed Hassan’s first acts in power.

Meanwhile, MDPs spokesperson for international affairs has also pointed out that Grant Thorton’s investigators have not submitted a full report because they might decide to litigate in UK courts to recover the US$10 million in penalty fees.

“I believe that GT has not submitted a full report on what it uncovered in stolen assets by the members of the dictatorship because they might want to litigate in UK courts to recover the penalty fees. Clearly, the work undertaken by GT revealed the illegal monies embezzled through the Mocom scam and the existence of secret offshore companies owned by members of the former dictatorship,” Hamid Abdul Ghafoor said in the statement.

“A criminal complaint was ready for filing in Singapore courts in February when the coup d’etat intervened,” he added, alleging that: “the old boys are back in power and the money swindling operations are ready to take off again.”

Following the controversial transfer of power on February 7, 2012 that saw the ousting of President Nasheed’s government, the case fell silent – despite the matter having been forwarded to the Prosecutor General’s office a week earlier, according to MDP.

However, the Prosecutor General Office confirmed the office had not received the illegal oil trade case for prosecution from the former government and therefore no one had been charged.

Attorney General Shakoor was not responding to calls at time of press.

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Court fines Shafeeg for defaming Gayoom by publishing book on torture during his rule

Local historian Ahmed Shafeeg has been ordered to pay up to MVR 5000 (US$324) in compensation after the Civil Court on Tuesday found him guilty of defaming former President Mamoon Abdul Gayoom.

Gayoom sued Shafeeg for politically-motivated slander over a book he released in 2010,  in which he claimed that 111 Maldivian citizens were held in custody and tortured under Gayoom’s administration.

The judge ruled in favor of Gayoom in the absence of Shafeeg, noting that the defendant had failed to present himself or a representative to the hearings despite the multiple court summons and attempts by the police to bring him to he court.

Shafeeg has to pay up to MVR 5000 withing one month from the date of the ruling, as a compensation for the damages caused to Gayoom’s character, according to the court.

Chronicles of torture

Shafeeg, now 83, was held in solitary confinement for 83 days in 1995 together with three other writers, including Hassan Ahmed Maniku, Ali Moosa Didi and Mohamed Latheef.

Shafeeg contends that 50 of his diaries containing evidence relating to the deaths of the 111 Maldivians were confiscated during a raid by 15 armed men. He was ultimately released by Gayoom with without charge, and was told by the investigating officer to write a letter of appreciation to the then-President for the pardon.

During the launch of Shafeeg’s book, titled “A Day in the Life of Ahmed Shafeeg”, then-President Mohamed Nasheed observed that he knew the events chronicled by Shafeeg very well.

“Back then, from 1989 and 1990 onward, I spent a very long time – three years in total – in jail. Of that I spent 18 months in solitary confinement, and nine of those months in the tin cell,” he said.

All Maldivian rulers had employed fear to govern, Nasheed said, and he had always believed that Gayoom had him arrested and tortured to serve as a cautionary tale as the former president and his senior officials were already aware of the intent of “a whole generation” to topple his government since the early 80s.

“So the decision to put me through every imaginable torture in the world from the very beginning as an example to all those people was made, in my view, not because of any animosity President Maumoon had towards me personally,” Nasheed said.

He added that Gayoom alone could not be blamed for all the human rights abuses that occurred under his watch.

Nasheed meanwhile also described Gayoom’s decision to take legal action against the historian Shafeeg, who has lasting physical and mental damage from his ordeal, as “going beyond the limits.”

Nasheed said: “I ask President Maumoon very sincerely and respectfully, don’t do this,” Nasheed said. “Go to Shafeeg. Go and ask for his forgiveness. This is not the time to come out and say ‘I’m going to sue Shafeeg.’ If you want to sue Shafeeg now, you will have to sue me. That is because I will repeat what Shafeeg is saying fourfold.”

Together with allegations of corruption in Gayoom’s administration, such as those flagged in audit reports, allegations of torture remain one of the most politically divisive topics in the Maldives.

Since Nasheed took office after beating Gayoom’s 30 year-old autocratic rule in 2008, public opinions – very strongly held – oscillated between a desire for prosecuting Gayoom and his close allies for the torture and corruption and a desire to move on and reconciliation. Nasheed openly supported the latter option to be magnanimous.

However, after his controversial resignation on February 7, which he insisted was forced by an opposition backed military-police coup, Nasheed told Time Magazine that allowing former dictator Maumoon Abdul Gayoom to live in peace following the 2008 election was a wrong decision.

“The lesson is we didn’t deal with Gayoom. That’s the obvious lesson. And my romantic ideas of how to deal with a dictator were wrong. I will agree with that,” Nasheed told Time, in a striking reversal of his magnanimity in 2008.

The court decision in favor of Gayoom also comes less than a week after the UNHRC called for the government to establish an independent commission of inquiry to investigate “all human rights violations, including torture that took place in the State party prior to 2008 and provide compensation to the victims.”

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Civil Court dismisses ruling of own watchdog body against Chief Judge Abdulla Mohamed

The Civil Court today dismissed a decision by its own watchdog body, the Judicial Service Commission (JSC), to take action against Chief Judge of the Criminal Court Abdullah Mohamed for violating the Judge’s Code of Conduct.

An investigation into a complaint of ethical misconduct against Judge Abdulla was completed by a JSC special committee which recommended in the final report to the commission that action be taken against the Judge for violating the Judge’s Code of Conduct – specifically, by making a politically biased statement in an interview with DhiTV.

However, during the period given to Judge Abdulla to respond to the report, he instead obtained a Civil Court injunction against his further investigation by the judicial watchdog.

The JSC appealed the injunction on January 24 of this year, claiming that the Civil Court had disregarded the commission’s constitutional mandate which allowed it to take action against judges, and argued that the court did not have the jurisdiction to overrule a decision of its own watchdog body.

But the appeal was rejected, concluding that the commission had not provided the court “any substantial reason to terminate the injunction and that the High court cannot make a decision on the case while the case is pending at a lower court.

As the final verdict on the case came out today, the Civil Court overruled the the decision stating that Judge Abdulla was not given an opportunity to respond to the allegations during the investigation.

According to the decision, providing a chance to submit any complaints after the investigation is completed cannot be deemed as an opportunity for the Judge to present his defence.

Like all other state institutions the JSC must also be held accountable in front of the law, the court noted, addding that party who believes to have suffered damages due to a decision by the commission have the right to litigate  matter to protect his rights.

Furthermore the Civil Court concluded that action cannot be taken against the Abdullah under the Judge’s Code of Conduct, because the said violation predates the regulation.

Charges against the Judge

Apart from the ethical misconduct complaint, the JSC revealed that a total of 11 complaints have been submitted to the commission against Judge Abdulla Mohamed, among which are serious allegations of corruption and abuse of authority.

The first complaints against Abdulla Mohamed were filed in July 2005 by then Attorney General Dr Hassan Saeed – now Dr Waheed’s political advisor – and included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused.

Among the allegations in Dr Saeed’s letter was one that Judge Abdulla had requested an underage victim of sexual abuse reenact her abuse for the court, in the presence of the perpetrator.

In 2009, those documents were sent to the JSC, which was requested to launch an investigation into the outstanding complaints as well as alleged obstruction of “high-profile corruption investigations”.

The JSC decided not to proceed with the investigation on July 30, 2009.

Former President’s member on the JSC and whistleblower Aishath Velezinee for several years contended that Abdulla Mohamed was a central, controlling “father figure” in the lower courts, answerable to former President Maumoon Abdul Gayoom and a key figure responsible for scuttling the independence of the judiciary under the new constitution.

Central figure in Nasheed’s downfall

Abdulla Mohamed was also a central figure in the downfall of former President Mohamed Nasheed, following the military’s detention of the judge after the government accused him of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights violations and corruption cases.

Judge Abdulla’s arrest sparked three weeks of anti-government protests starting in January, while the government appealed for assistance from the Commonwealth and UN to reform the judiciary.

As protests escalated, elements of the police and military mutinied on February 7, alleging Nasheed’s orders to arrest the judge were unlawful. A Commonwealth legal delegation had landed in the capital only days earlier.

Nasheed publicly resigned the same day, but later said he was forced to do so “under duress” in a coup d’état. Nasheed’s Maldivian Democratic Party (MDP) has taken to the streets in recent months calling for an early election.

Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, after international concern quickly mounted.

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