Mohamed Fayaz, former deputy police commissioner, was nominated by President Abdulla Yameen as the Maldivian High Commissioner to Malaysia on Sunday.
Haveeru Online reports that President Yameen is seeking approval for the appointment in the People’s Majlis.
Fayaz is currently the Minister for Home and State Affairs.
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(0)The European Union (EU) released a statement on Thursday urging all Maldivian political parties to work together for the betterment of the country.
Catherine Ashton, the EU’s High Representative, warned of both economic and environmental challenges ahead.
“The EU expects all political parties to put personal and ideological rivalries aside and work together to confront the serious economic and environmental challenges which the country faces,” she said.
Aston further congratulated the Maldives on its “commitment to democracy” and constitution, crediting the professionalism of the Electoral Commission.
The EU had earlier threatened “appropriate measures” against the Maldives in response to the annulments and delays of the electoral process.
(0)Dislikes(0)The decline in tourism arrivals from the Maldives’ traditional European markets is a result of the state’s failure to adequately promote the destination, resort tycoon and Maldives Development Alliance (MDA) leader MP Ahmed ‘Sun’ Shiyam has declared.
The MDA allied with the Progressive Party of the Maldives (PPM) for the recent election, in which PPM candidate Abdulla Yameen was declared President.
“Tourist arrivals from European markets have gone down more than ever before. Maldivians are not able to enjoy the real benefits, because of negligence in promoting tourism,” Shiyam alleged in local media.
Tourism marketing is overseen by the Maldives Marketing and PR Corporation (MMPRC) and Tourism Ministry, the minister of which, Ahmed Adheeb, was last week reappointed to the same post in Yameen’s government. The MMPRC’s former head, Mohamed Maleeh Jamal, was appointed Minister of Youth and Sports.
Shiyam warned of a deteriorating economic situation that could leave the government no other option than cost cutting.
According to a recent report by the Finance Ministry, tourism growth flat-lined in 2012 as a result of two years of political turmoil.
The tourism industry’s Gross Domestic Product (GDP) growth in 2012 declined by 0.1 percent following 15.8 percent growth in 2010 and 9.2 percent in 2011, the Finance Ministry revealed in a “Fiscal and Economic Outlook: 2012 to 2016″ statement included in the 2014 budget (Dhivehi) submitted to parliament.
“The main reason for this was the political turmoil the country faced in February 2012 and the decline in the number of days tourists spent in the country,” the report explained.
Tourism growth is measured in bed nights, as arrival figures – predicted to top one million in 2013 – do not necessarily give a clear picture of the industry’s performance.
“As the most number of tourists to the country now come from China, we note that the low number of nights on average that a Chinese tourist spends in the Maldives has an adverse effect on the tourism sector’s GDP,” noted the Finance Ministry’s report.
The Maldivian economy is largely dependent on tourism, which accounted for 28 percent of GDP on average in the past five years, and generated 38 percent of government revenue in 2012. Indirectly the industry is thought to contribute up to 70 percent of GDP, and 90 percent of all foreign exchange.
Much of that revenue is generated through the tourism GST, introduced during the Nasheed government amid resistance from many of the country’s resort tycoons. It is currently set at 8 percent, however the new government has warned it may increase it to 12 percent in an attempt to match its high levels of expenditure.
(0)Dislikes(0)The European Union has said it is prepared to consider “appropriate measures” should Saturday’s run-off election be subverted, and the country fall into authoritarianism.
“The EU underlines that neither continuing uncertainty nor a drift towards autocratic rule would be acceptable to the EU and that it is therefore ready to consider appropriate measures should the poll on 16 November not bring the electoral process to a successful conclusion,” declared EU High Representative Catherine Ashton.
“The EU notes that, on 9 November, Maldivians voted in high numbers in the repeated first round of Presidential elections, reflecting their desire to exercise their democratic rights and their trust in the Elections Commission. As in September, the first round was conducted in a professional and impartial way,” Ashton stated.
“The EU notes that a second round is now scheduled for Saturday 16 November, but in circumstances not foreseen in the Constitution. The EU considers that any attempt to further delay or otherwise influence the outcome of the elections could only be intended to prevent the people of the Maldives from exercising their democratic right to choose their next president,” she declared.
The statement did not outline what such “appropriate measures” might entail.
The EU last week was reported to have declined to extend the duty-free status of imported fish from the Maldives, following the country’s failure to comply with international conventions concerning freedom of religion and treatment on women. However Minivan News understands that the timing was coincidental.
“It is true that the Maldives applied to be granted the status of beneficiary of the EU preferential trade arrangements for sustainable development and good governance (GSP+). However, the application is still under review by the EU with a decision to be expected by the end of 2013. It is premature to anticipate on whether the Maldives will receive the GSP+ status or not,” EU trade spokesman John Clancy told Minivan News.
The Asian Centre for Human Rights (ACHR) has meanwhile recommended the international community impose travel and other restrictions against President Mohamed Waheed, Police Commissioner Abdulla Riyaz and Supreme Court Justices Ahmed Abdulla Didi, Abdulla Saeed, Adam Mohamed Abdulla and Ali Hameed Mohamed.
“The time has come to ensure that all those who subvert democracy and the rule of law are held accountable by denying visas as well as any association including employment opportunities by the United Nations and other inter‐governmental organisations,” stated the regional NGO, which has special consultative status with the UN’s Economic and Social Council (ECOSOC).
The Commonwealth Ministerial Action Group (CMAG), the international body’s human rights and democracy arm, has meanwhile placed the Maldives on its agenda.
President Mohamed Waheed, who departs tonight on an official trip after drawing MVR 525,000 (US$34,000) from the state treasury two days before the election, said he was “unconcerned”.
“Let CMAG decide whatever they will,” Waheed said.
The EU has long been the Maldives’ most lucrative tourism market in terms of bed nights and expenditure. Arrivals from China have eclipsed those of any one European country, however countries such as the UK, France, Germany and Italy remain core markets due to longer average stays and higher expenditure than many Chinese guests.
(0)Dislikes(0)The European Union has declined to extend the duty-free status of imported fish from the Maldives, following the country’s failure to comply with international conventions concerning freedom of religion.
The Maldives exports 40 percent of its US$100 million fishing industry to the EU, its single largest export partner by value.
Until January 2014 those exports were duty-free under the Generalised System of Preferences (GSP) program, a non-reciprocal trade agreement extended to developing countries.
Maldives’ Fisheries Minister Ahmed Shafeeu said the government’s application for a year’s extension under the ‘GSP Plus’ program was declined as it had not ratified all 27 required international conventions.
“The Maldives has reservations to the freedom of religion component. Constitutionally we will not be able to remove these reservations,” Shafeeu said.
EU officials confirmed that the transitional period of trade concessions for the Maldives was due to expire as the Maldives from 2011 was not longer considered a developing country.
The Maldives applied for an extension under the ‘GSP+’ program, a unilateral trade concession of the EU given to a limited number of countries on the basis of good implementation of human rights are labor conventions, officials said, however did not qualify due to the country’s reservations to ICCPR on religious freedom and CEDAW concerning women’s rights.
Under the Maldivian constitution all citizens are required to be Sunni Muslim and the practice of other religions is criminalised. Customs authorities forbid the import of religious items and scan the baggage of tourists arriving at the airport, while politicians frequently use allegations of ‘consorting with missionaries’ as as a political attack.
Foreigner workers such as teachers accused of missionary activity have previously been sentenced but are more usually swiftly deported without trial.
The few Maldivians have publicly tested the religious citizenship provision have faced charges of apostasy, calls for the death penalty and religious counselling while incarcerated, while one journalist who publicly called for religious tolerance narrowly survived having his throat slit in July 2012.
Fisheries Minister Shafeeu warned that the sudden imposing of a 14-20 duty on fish imports would lose the Maldives its competitve advantage over the larger fishing fleets of nearby Sri Lanka and Thailand, and reduce profits to “a marginal value”.
Minister of Economic Affairs Ahmed Mohamed said that at average prices per kg Maldivian companies exporting to the EU would face a loss of US$1.66 per kg once duty was imposed.
“Internationally market price for fish fluctuates,” said Shafeeu. “In good times fish can fetch MVR 150 (US$10) a kilo, while sometimes this falls as low as MVR 45 (US$3) a kilo. Fishermen might not notice the impact [of the duty] immediately,” he said.
Most of the fish caught and exported in the Maldives is skipjack or yellowfin tuna, either processed and canned or sold fresh to overseas markets at a premium due to sustainable pole-and-line fishing techniques.
Shafeeu said the new duty was not unexpected as Maldivian fisheries had been given a three year extension of its duty-free status after graduating from the UN’s definition of a ‘least developed’ country to ‘middle income’ in 2011.
The lack of a year’s extension would force the fisheries industry to speed up exploration of other markets, he said.
“We have looked to the US where we also don’t have to pay duty, also the Russian market. With the Chinese market we have been able to get the health certification we require from them. But the US involves higher flight costs, and the highest value so far has been the EU,” he said.
While tourism is the Maldives’ largest economic sector, indirectly responsible for up to 70 percent of GDP and up to 90 percent of foreign exchange, fisheries is the country’s largest employer at over 40 percent.
The total fish catch has been declining each year since 2006 reaching 83.1 thousand metric tonnes in 2011, leading to fears about the impact of climate change and overfishing by better equipped fishing fleets on the borders of the Maldives’ Exclusive Economic Zone (EEZ).
(0)Dislikes(0)The Commonwealth’s reputation is at stake following the obstruction of scheduled elections by police in the Maldives, Canadian Foreign Affairs Minister John Baird has warned.
“Canada is deeply disappointed that the rescheduled first round of presidential elections was delayed. The elections commission was not permitted to fulfill its constitutional mandate of managing and conducting these elections without interference,” Baird said in a statement.
Canada offered its “continued support for the perseverance of the Elections Commission of Maldives under these unacceptable circumstances.”
Baird reiterated that international election observers – including a delegation from the Commonwealth – had agreed that the annulled September 7 polls were free and fair.
“I repeat yet again that this series of delays flies in the face of the democratic values of the Commonwealth,” Baird said.
““A new date for the election must be set without delay and upheld by all parties concerned. The elections commission must be permitted to organise free, fair and inclusive elections without interference. Canada calls on all parties in Maldives to exercise restraint and remain calm in the interest of the Maldivian people, who should be permitted to express their democratic will through the ballot box. The people of Maldives deserve to have their voices heard,” he declared.
“Canada continues its call for robust Commonwealth engagement so that the electoral process can move forward and democracy can be strengthened in Maldives. The reputation of the Commonwealth is at stake,” he added.
EU High Representative Catherine Ashton said she was “deeply concerned” that the presidential election in the Maldives had again been prevented from taking place, and that the work of the Election Commission had to be halted following the intervention of the police.
“If the democratic process is to be brought back on track, a new date must be set without delay so that the Maldivian people can freely choose a new President by 11 November, in conformity with the constitution,” said Ashton.
“The EU reiterates its confidence in the impartiality and efficiency of the Maldivian Election Commission. It recalls that elections cannot successfully be held if the process can be repeatedly brought to a halt through legal injunctions. The forces of law and order must facilitate the democratic process,” she said in a statement.
“Failure to hold credible elections would be to deny the Maldivian people their democratic rights. Further instability would also damage the country’s economy and its relations with its international partners,” Ashton added.
The UN Secretary General Ban Ki-moon meanwhile said the 88 percent voter turnout in the September 7 poll clearly expressed “the aspirations and the will of the Maldivian people”.
“The Secretary-General strongly believes that the legitimate will of the people should not be denied,” read a statement from the UN.
Expressing “deep concern” over the delay of the vote “despite concerted efforts by the Maldives Elections Commission”, Ban Ki-moon urged “political leaders and state institutions to live up to their responsibilities, respect the democratic process and participate in a credible, peaceful and inclusive re-run election as soon as possible, so that a new president can be inaugurated on 11 November in accordance with the Constitution.”
Diplomatic spat
Earlier in October President Mohamed Waheed wrote a letter of complaint to Canadian Prime Minister Stephen Harper, accusing Baird of making “inappropriate and derogatory remarks” towards Acting Foreign Minister Mariyam Shakeela during the Commonwealth Ministerial Action Group (CMAG)’s meeting on September 27.
In his letter to Prime Minister Harper, Waheed complained that Baird “posed several harshly worded questions… concerning domestic politics in the Maldives”, and said these “put unnecessary pressure on an otherwise excellent relationship” between the Maldives and Canada.
Baird’s office responded to Waheed’s complaint by pointing out “the irony of the Acting Foreign Minister of the Maldives representing that country at CMAG, when her President received five percent of the vote in the first round of the election. Perhaps that is where President Waheed took offence.”
“It might have also been when Minister Baird pointed out to CMAG members that the second round of elections were ‘suspended’ under mysterious circumstances and called on Maldivian officials to proceed with the second round of elections without delay,” said Baird’s Spokesperson Rick Roth, in a statement.
(0)Dislikes(0)This translation first appeared on Dhivehi Sitee. Republished with permission.
Shortly before midnight on 7 October 2013, four of the seven judges on the Maldives Supreme Court Bench put out a majority verdict annulling the first round of the 2013 Presidential Election held on 7 September 2013. The election was heralded as free, fair and largely free of errors by both local and international observers. The four judges ignored this consensus and, instead, chose to rely heavily on a ‘secret report’ compiled by a team of ‘forensic experts’ from the Maldives Police Service as the main evidence to support claims of Jumhooree Party, the complainant in the case. The report was so secret that it was not shared even with lawyers of the defendant, the Elections Commission, depriving them of the essential undeniable right of reply.
The following is a translation of another secret report the so-called expert forensic team compiled on 15 September 2013, the same day the Jumhooree Party filed its case at the Supreme Court. It was leaked on the internet yesterday. Although it is not the secret report which the Supreme Court ordered from the police after the case began, it is among the documents the court considered, and gives a taste of the quality of the greater report these experts later prepared. Hopefully, this latter report will also be soon made available for public perusal by a concerned citizen, as it should rightly be.
***************************************
Maldives Police Service,
Male’
Maldives
J2 (A)/2013/926
Issues noted in the Eligible Voters Registry used in first round of the presidential election & other problems with the election
Introduction
This report is [to] verify whether or not the allegations being made by political parties and political figures about validity of the results of the presidential election held on 7 September 2013 have any provable basis. Thus, this report compares and includes discrepancies noted in: the ‘Presidential Election 2013 — Eligible Voters List’ published by the Elections Commission on 30 May 2013 in the Government Gazette Vol.42, No.94 and “Amendments made to the Presidential Election 2013 Eligible Voters List published in Government Gazette on 30 May 2013 based on complaints received” that appeared in Government Gazette Vol.42, No.101 of 29 June 2013, and citizen information records kept at the Department of National Registration.
This report is based on multiple comparisons of a large number of records. Moreover, as the Elections Commissions has not even up to this day made public any list or registry of those of who voted in the presidential election on 7 September 2013, any discrepancies in the lists or registries used in the activity will enter this report also. However, it is believed that such an error-margin will be extremely slim. As this report regards the Department of National Registration Database as its main source, any incorrect information in it would also naturally enter this report. If the Elections Commission omitted listing the district when entering someone’s address, this report does not consider it as a problem or a discrepancy in address. Nor does it consider variations in spelling a person’s name as a discrepancy.
In examining the Eligible Voters List, or Voter, and the records received from the Live Link of the Department of National Registration, several discrepancies were noted. They are listed below:
1865 people who were not given ID cards by the Department of National Registration were included in the Elections Commission’s Voter Registry. Information regarding those persons is included in Annex 01 of this Report
07 people whose information is not found in the Department of National Registration records were included in the Voter Registry. This information is included in Annex 02 of this report. One of these persons has made a Maldivian Passport.
588 who are believed to be now dead are included in the Elections Commission Registry. These dead people’s information is in Annex 03.
39 children who, according to the Department of National Registration Database, were not 18 years of age by 7 September 2013 were included (by modifying their date of birth) in the Elections Commission Registry. Annex 04 contains information on the children whose dates of birth are believed to have been altered.
Voter Registry shows 22 records of people who were on two ID card numbers. Annex 05 contains details of such people.
3568 people were noted whose Date of Birth on the Elections Commission Registry was different from that on their ID cards. Such persons are listed in Annex 06.
1627 people were noted as having discrepancies in their names. Their details are in Annex 07
10020 people’s records were found whose address on the National Registration Database did not match with their address in the Elections Commissions Registry. Their details are in Annex 08
747 people were found whose male female sex did not match[sic]. Their details are included in Annex 09. It is believed that the following problems arose as a result of mismatched sex:
But, no votes were cast in these boxes more than the total numbers registered to vote there. Problems in votes cast in these boxes can be found in Annex 10. Detailed information about these will be found in Annex 10.
Below is a graph based on information listed above including the total number of problems found:
Problems that could arise with reference to points noted above:
In considering what has been noted in the Voter Registry, it is seen that there is some opportunity for fraud and rigging. Whether the problems in the Registry are intentional or otherwise, there is ample room to form the view that this could create opportunity for some people to vote illegally. Although the issues noted cannot be confirmed without first verifying them against the list checked at the polling booths, it must be accepted that even children under the age of 18 were allowed to vote. There is also room to say that people without a national identity card had the opportunity to create a card that is not valid and use it to vote. The view can also be formed that since there were 02 ID card numbers, one person could have had the opportunity to vote 02 times.
Even though the Elections Commission acted according to Article 9 (a) of the General Elections Act which requires it to publish the Eligible Voters Registry in the Government Gazette at least 45 days (forty five days) prior to the election, it cannot be seen that the Commission published the information on their website as required. And, while second round of the 2013 Presidential Election is scheduled for 28 September 2013, the information still does not appear on the Elections Commission website.
Information has been received that Retired Judge Johan Griegler [sic] sent to the Maldives by the UN on request of the Elections Commission has not been given the opportunity to work there. Information has also been received that UN made a plea at the National Complaints Bureau to use his expertise. But, information has been received that he was not given the opportunity to work there that day.
It was also noted that even though Intelligence received information that the Elections Commission’s web server was hacked a few days before the election, and this information was relayed to the Commission, nothing was done about this for days. Even though it cannot be said for certain that information that could be ‘compromised’ was released as a result of hacked web server, it is believed that the server does contain such information. And, given that remote access has been granted to the server, it is certain that anyone who knows the password of that server will be able to access it from anywhere in the world. It was also discovered that it is this server which fetches the information and graphs needed for the Elections Commission website.
Because there is no one to take responsibility for the IT Department of the Elections Commission, that work has been assigned to Aminth Majda responsible for voter registration. That person works as Assistant Director of voter registration. Since most of the problems with this election is related to technology and registration, it is necessary for those investigating this to have information that it is one person responsible for these two things.
Although it was announced that arrangements were made for Indian citizens working in the Elections Commission to be absent from office on that day, information has been received that they were inside the premises on that day.
It was noted that, although percentage of voters was connected through net books assigned to those boxes through a web service, the link was broken at 15:00 on 7 September 2013 and could not be updated. Some people say that it was 71% of eligible voters who had voted at this stage. Information has also been received that, to ensure as many people as possible could vote in relation to this problem President of the Elections Commission Fuad Thowfeeq met with leaders of Jumhooree Party at 15:45 of that day. [The sentence structure is the Forensic Experts’, not mine.] And, the figure remained unchanged as voting continued until it showed a voter turnout of 88% at dawn. 2008 was a year when a lot of people voted, wanting a change. In comparison, unlike that time, various poll results showed that there were a large number of undecided voters. Even in the second round of the 2008 presidential election when citizens wanted a change, the voter turnout was 86%. Therefore, questions can be raised that there would be an 88% turnout this time.
While only one candidate, No.1 Qasim Ibrahim had a photo beside their name in the ballot papers used in the presidential election this time, some voters in Addu City saw ballot papers with photos of all candidates. In this regard, 4 people from Addu City have said they received this kind of ballot paper for voting.
Before the election, a person who played a lead role for a political party’s canpaign [sic] in Haa Dhaal Kulhudhuffushi printed some ballot papers similar to those used in this presidential election. This person and someone else were arrested in relation to this, and are being investigated.
Intelligence received reports sometime in the middle of this year that some people had got some ID cards printed abroad and were going to use it to voter registry using these cards, and investigations began to check the extent of truth in this information. Details about dead people were gathered through notes sent to various councils, and Intelligence began checking if any dead person had been included in the voter registry. But this work had to be brought to a halt temporarily because political actors and councils did not extend much co-operation to this work, Voter Registry was made public, media sources raised questions about this action by the police, and because of the extra work related to security of the election.
Some people are saying that when some people went to the voting stations to vote votes had already been cast in their names.
15 September 2013
Directorate of Intelligence
(0)Dislikes(0)This article first appeared on Dhivehi Sitee. Republished with permission.
In September 2003, 30-year dictator Maumoon Abdul Gayoom declared a state of emergency after the dictatorships guards killed an inmate named Evan Naseem in Maafushi jail. Security services on duty resorted to the use of firearms to defuse the revolt, killing three others and injuring 17.
The riots that erupted forced Gayoom to initiate a reform agenda. The security forces and the judiciary came to the forefront of the discourse on democratic transition. The constitutional assembly, which proposed democratic restructuring of the system of governance and the report published by legal expert Professor Paul Robinson in 2004, highlighted these reforms needed for the criminal justice system. Professor Robinson concluded that “the reforms needed [for the Maldivian judiciary] are wide-ranging, and that without dramatic change the system and its public reputation are likely to deteriorate further.”
The Constitution ratified in August 2008, which paved way for the first democratic elections won by Mohamed Nasheed in October that year, consisted of a mechanism to re-appoint sitting judges during the interim period from August 2008 to 2010 and ensure judicial independence for the first time in Maldives’ history.
During the interim period, in accordance with sub-article (b) of Article 285 of the Constitution, the Judicial Service Commission (JSC) was mandated to ascertain whether all sitting judges possess mandatory characteristics and standards prescribed under Article 149. Aishath Velezinee, former JSC member appointed by Nasheed, who publicly spoke out about JSC’s failures, claims that judges appointed during Gayoom’s regime secured their positions on the bench through a “Failed Silent Coup” in 2010 which subverted the Constitutional processes to re-appoint judges. In January 2011, her criticism of the manipulation of the Constitution by judicial actors made her the victim of a knife attack.
The interim Supreme Court judges, who were also subject to Article 285, wrote to the Nasheed administration as early as June 2010, declaring that they would permanently remain on the bench. Velezinee recalled the appointments to the Supreme Court as a “grave blunder.” The JSC defied Article 285, declaring it “symbolic” and swore-in all sitting judges, securing their tenure for life. A report published by the International Commission of Jurists in February 2011, also raises concerns about “the politicisation of the judicial vetting process.”
Coup to undo democratic gains
The first democratically elected government of Nasheed was forcefully brought to an end on 7 February 2012 by a televised coup d’état, led by loyalists of dictator Gayoom’s regime, and facilitated by Nasheed’s deputy Mohamed Waheed. The international community was quick to recognise the post-coup government headed by Waheed. A Commission of National Inquiry [CoNI] backed by the Commonwealth declared the chaotic transfer of power “lawful”.
The CoNI report published at the end of August 2012 was heavily criticised by the MDP, and with good reason, claiming that the inquiry selectively ignored evidence that did not fit its contrived conclusion.
International legal experts also echoed MDP’s concerns with regard to the report. The MDP, however, accepted the report with reservations as it acknowledged police brutality on 6, 7, and 8 February 2012. To date its recommendations regarding police brutality have not been implemented, resulting in impunity for Special Operations officers who were involved in the violent crackdown in early February 2012.
During the onset of the political turmoil, MDP maintained that elections should be held that same year, without letting the post-coup regime “entrench itself.” International community supported calls for an early election in 2012, although Waheed’s administration stated that “earliest an election could be held under the Maldivian constitution was July 2013.”
In July 2012, MDP’s presidential candidate Nasheed was prosecuted for the arrest of chief judge of the Criminal Court, whom the Judicial Service Commission (JSC) failed to take any action against despite his prior criminal record and misconduct in 2011.
Nasheed also faced proceedings against him at the Civil Court over allegations of defamation made against him by dictator-loyalists Minister of Defence Mohamed Nazim and Commissioner of Police Abdulla Riyaz who led Nasheeds ouster. Over 20 MDP parliamentarians and some 800 active members and supporters were also subjected to various politically motivated criminal proceedings against them. In hindsight, the period leading up to elections was used by the post-coup regime to create shock and awe among the electorate, characterised by manufactured incidents and political persecution of MDP supporters in order to dissuade them from taking part in political activity and deflect attention away from the disputed legitimacy of the regime.
The juridical system continues to act as the means by which the regime achieves these ends under a democratic façade. Without a constitutional mandate to regulate lawyers, the Supreme Court issued a resolution for all practicing lawyers and prosecutors in April 2012. The resolution restricted lawyers’ freedom of expression, ordering that lawyers shall not discuss or criticise judicial proceedings or judges.
Lawyers were pressured to sign the resolution since the courts refused right of audience to those who didn’t. Ahmed Abdul Afeef who was part of Nasheed’s legal team was not able to represent him in court since he had protested the resolution and remained without signing it.
The muzzling of lawyers didn’t end there; Abdullah Haseen who represents a huge number of pro-democracy protestors was suspended for appearing on a TV show on Raajje TV disseminating information of the law. Although there is no legislation that prohibits sketching inside the courthouse, a lawyer named Shafaz Wajeeh was fined by the Supreme Court for his sketch. Lawyer and MDP parliamentarian Imthiyaz Fahmy is currently being prosecuted for contempt of court due to remarks he has made against the judiciary, although his comments are in line with international bodies such as the United Nations Human Rights Committee.
Nasheeds prosecution further revealed the state of Maldives’ judiciary to the international community. Trial observer Blinne Ní Ghrálaigh from Bar Human Rights Committee of England and Wales noted in her report that the panel of judges in the Hulhumale Magistrates’ Court was “cherry-picked for their likelihood to convict by a highly politicised JSC.”
The 2012 report by United Nations Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul detailed the crisis Maldives’ criminal justice system is faced with. The report expressed concerns over the “politicised and inadequate” JSC, noting that “the concept of independence of the judiciary has been misconstrued and misinterpreted in the Maldives, including amongst judicial actors” to benefit judges, enabling a culture of unaccountability. The UN Special Rapporteur also questioned legitimacy of the Hulhumale Magistrates’ Court since it contravened the Judicature Act 2010 and was declared invalid by a parliamentary oversight committee in November 2012.
The selective manner in which the JSC has taken disciplinary measures against judges suggests that the judicial watchdog refrains from taking action where it suits its political needs to shield loyalists of the former regime. In 2009, then Chief Judge of the High Court was removed from his position, and the JSC suspended a Civil Court judge for sexual misconduct. In 2013, a Criminal Court judge was suspended for sexually harassing a public prosecutor and Chief Judge of the High Court who was hearing Nasheeds appeals was also suspended.
However, it has not occurred to the JSC to take any form of action against Justice Ali Hameed of the Supreme Court whose scandalous escapade in Colombo with three prostitutes have become public knowledge with leaked video footage of him doing the deed. The Bar Association of Maldives called for the immediate suspension of Justice Hameed back in July 2012. JSC’s inconsistency in penalizing Justice Hameed is left unscathed so he can sit in the Supreme Court hearing the motions filed by Qasim Ibrahim who has close family ties to Gayoom’s family. It is also worth remembering the motion filed by Gayoom’s half-brother Abdulla Yameen Abdul Gayoom at the Supreme Court.
Ballots to restore democracy
One of many gigantic posters of incumbent Mohamed Waheed put up across Male’ ahead of 7 September polls. Waheed got 5%. Photo: Aznym
February this year, the Elections Commission of the Maldives (EC) announced the presidential election to be held on 7 September 2013. On 28 July 2013 the EC officially announced the order of the candidates on the ballot paper, after approving the candidacy of all four candidates; Qasim Ibrahim with his Jumhooree Party (JP) and Islamist party Adhaalath (AP) coalition; Dr Waheed, independent, incumbent president, endorsed then, by Dhivehi Rayyithunge Party (DRP); Abdulla Yameen Abdul Gayoom from the Progressive Party of Maldives (PPM) in a coalition with Maldivian Development Alliance (MDA); and Nasheed from Maldivian Democratic Party (MDP).
Foreign and local observers such as the Commonwealth, the European Union, Transparency Maldives, Human Rights Commission of the Maldives declared that the first round of polls were “peaceful and inclusive” with a markedly high voter turnout of 88%. Transparency Maldives, which observed the election across the country, stated “none of the incidents reported on Election Day would have a “material impact on the outcome of the election”.
The chair of the Commonwealth observer group, former Prime Minister of Malta Dr. Lawrence Gonzi stated, “the vote count at the polling station was highly transparent with media monitors, party observers, and national and international observers able to scrutinize the process closely.”
In accordance with sub-article (a) of Article 111 of the Constitution and sub-article (a) of Article 19 of the Presidential Elections Act 2008, the EC began preparations for the presidential election’s runoff as none of the four candidates secured 50% of the votes; Nasheed had 45%, Waheed an embarrassing 5% and Qasim who had 24% came closely behind Abdul-Gayoom who secured 25%. The third place JP coalition refused to accept the first round of elections, and filed a motion at the Supreme Court requesting annulment of first round of polls. The JP also filed a motion at the High Court, requesting the Court to release the voters’ list.
JP produced three documents as evidence for their motion at the High Court, which indicated three lists of alleged discrepancies in the voters’ registry. Out of the first list that JP claimed consisted of deceased people who appeared on the registry, only seven were found on the original voters’ registry, and five were found to be alive. The other list consisted of allegedly repeated names of eligible voters. The EC’s legal counsel later proved in court that these were not repeated names but in reality different people with different national identification numbers and dates of birth. The third list consisted of people who were on Male Municipality’s Special Register who have mailing addresses registered in the capital. The High Court decided that there was no evidence of fraudulent activity with regard to the motion. However, it allowed supervised viewing of the electoral registry.
Supreme tyranny of the electoral process
Protests near the Supreme Court in Male’ as it deliberated JP’s case to annul 7 September election Photo: Aznym
Article 172 of the Constitution indicates that the High Court has the appellate jurisdiction for electoral motions, while Article 113 states the Supreme Court shall have final jurisdiction over such motions. Regardless, JP filed their motion directly at the apex court. MDP, the Attorney General (AG) and PPM made inter-partes claims to the motion, with PPM supporting JP’s claim and with the AG calling for the Court to order the Prosecutor General and Maldives Police Service (MPS) to investigate the alleged “irregularities” in the electoral registry.
The request by the AG is contrary to electoral laws and the Maldives Constitution, which clearly outlines the forum and mechanism to investigate and adjudicate on disputed results of an election. Sub-article (b) of Article 64 of the Elections Act 2008 states that if electoral laws have been violated, only the EC has the legal authority to initiate criminal proceedings through the Prosecutor General. Article 62 stipulates that the electoral complaints mechanism shall be established by the EC, and if a party is not satisfied with the recourse given by the complaints bureau, he or she may file a case at the High Court in accordance with sub-article (a) of Article 64.
The EC’s lawyer, former AG Husnu Al Suood noted an astounding lack of evidence to back JP’s claims. Suood also claimed that any delay could result in a constitutional void, citing US Supreme Court case Bush v. Al Gore 2000. MDP’s lawyers Hisaan Hussein and Hassan Latheef expressed concern at the lack of substantial evidence to claim electoral fraud, and stated that JP had not submitted complaints to the EC regarding the registry when the EC had publicly requested for complaints with regard to the publicized list of eligible voters.
JP’s lawyer and its presidential candidate Qasim’s running mate Hassan Saeed stated that the JP had thirteen reasons for annulment, reiterating claims made at the High Court. At the proceedings Saeed requested that; the security services oversee a fresh round of elections after nullifying the first round and for the Court to issue an injunction halting the EC’s work to hold the runoff dated 28 September 2013. The AG Azima Shakoor echoed JP’s criticism over the EC, but refrained from vocally supporting an annulment. The international best practice where either a public prosecutor or state attorney does not support actions of a state institution would be to refrain from commenting.
It is of importance to note such procedural irregularities that took place during the proceedings for this extraordinary motion. Despite the case being deemed a constitutional matter by the Supreme Court, and anonymous witnesses whose identities are protected by courts are only very rarely admitted in serious criminal cases, the apex court acted as a court of first-instance, admitting 14 witnesses submitted by JP who gave their testimonies in secrecy. Out of the three witnesses submitted by the EC, only one was admitted.
The AG also withheld certain evidence and this was left unquestioned by the Court. The AG’s office requested to submit a police intelligence report as “confidential” evidence – solely submitted as evidence to the Court’s Bench. The Chief Justice responded on behalf of the Bench, inquiring whether the intelligence report (or at least parts relevant) should be disclosed to the EC since their lawyers requested it. In her response to the Chief Justice, the AG stated that she will not submit the police intelligence report if the contents of the report would be disclosed to the EC.
“Where is my vote?”
Protesters near Supreme Court hold up cartoons making fun of disgraced Justice Ali Hameed Photo: Aznym
At approximately 8:00 pm on 23 September 2013, four justices from the apex court signed and issued a stay order indefinitely postponing the runoff election until the court reaches a verdict. After the issuance of the stay order, the Commonwealth, European Union, Transparency Maldives, Human Rights Commission of Maldives, the United Kingdom, United States of America, Canada, Russia, and India all expressed concern over the postponement of the second round, calling Maldivian authorities to hold the second round according to the timescales stipulated under the Maldivian constitution.
At the proceedings the next day, the Supreme Court ejected and suspended lawyers Suood representing the EC, Hussein and Latheef representing MDP as a third party to the case, claiming that they were in contempt of court for their comments on social media regarding the Court’s stay order. Subsequently the MDP revoked its inter-partes claim to the case, claiming that the Court cannot guarantee the rights of over 95,000 of its supporters.
MDP’s chairperson Moosa Manik sent an open letter to the Chief Justice, criticizing the apex court’s contravention of the Constitution by denying fundamental right of reply and issuing a stay order indefinitely suspending sub-article (a) of Article 111 of the Constitution. The chairperson also called on the Chief Justice to restrain the Court to the “legal ambit of the Constitution” and “uphold Article 8 of the Constitution, which states that all powers of the State shall be exercised in accordance with the Constitution.”
After weeks of countrywide protests against indefinite postponement of the runoff election, the four Justices; Abdullah Saeed, Ali Hameed, Adam Mohamed Abdullah and Ahmed Abdullah Didi who infamously legitimised the Hulhumale Magistrates’ Court earlier this year, also issued the stay order halting elections, and on 7 October 2013 decided to annul the first round of elections held on 7 September 2013. Chief Justice Ahmed Faiz and Justices Abdullah Areef and Ahmed Muthasim Adnan gave dissenting judgments, which claimed that the Court has adjudicated based on “inadmissible evidence” which the EC, the respondent in the motion, was not privy to, and questioned the Court’s jurisdiction in accepting the motion prior to the High Court.
The confrontations the judiciary continue to have with the legislature and executive from 2008 to present day is proof that elements within the Maldives’ judiciary is adamant on holding onto the power structures that existed during the former dictator Gayoom’s regime. The dregs of dictatorship continue to impede realisation of democratic governance in Maldives as envisioned in the Constitution.
The final chance to consolidate democracy through universal suffrage is at risk due to justices in the Supreme Court who have assumed supreme powers unto themselves, in order to benefit those politicians who unequivocally support their tenure, and are against overhauling or reforming the judiciary.
Mushfique Mohamed is a former Public Prosecutor and a member of MDP’s Electoral Complaints Committee. He has an LLB & a MScEcon in Post-colonial Politics from Aberystwyth University.
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(0)Dislikes(0)This article was first published on Dhivehi Sitee. Republished with permission.
On the evening of September 9, two days after Maldivians voted in the country’s second democratic elections in which Mohamed Nasheed emerged with a resounding victory, Gasim Ibrahim’s Jumhooree Coalition launched a series of rallies under the name ‘Rigged Vote! Rigged Vote!’. Together with its ally, the radical ‘religious’ Adhaalath Party, the Jumhooree Coalition has been claiming that at least 20,000 additional votes were cast on 7 September. This is the second in Dhivehi Sitee’s English translations of speeches at the ‘Rigged Vote! Rigged Vote’ launch rally. Today, extracts from the speech by leader of Jumhooree Party, Gasim Ibrahim:
Yes, we know without a doubt that the number of votes we got in the provisional results announced by the Elections Commission is not the amount of votes people gave us. I understand very clearly that more than 70,000 Maldivians voted for us. We will never forgive, never forgive, this major crime committed by the Elections Commission. Will never forgive, okay?
It is not 50,000 votes that I got from Maldivians. I know this because how were dead people voted for, those votes counted and included in the list? When there are such huge responsibilities to be assigned and when such big changes are made, I must say the people responsible must hurry to deliver the right. They must hurry. We don’t appoint people to positions so they can say this is a power in our hands and harass and badger.
I am saying it very clearly, we have no doubt that the High Court and the Supreme Court, too, will deliver us our right. Yes, in ‘critical moments’ like this, my appeal to the courts is to hurry up. See it as a right and give us a judgement fast. I have no doubt these courts will rule this way. That is, the courts will see this as a right and come to that decision fast. I don’t believe that at a time like this, when the entire peoples’ future rests and builds on this that such things should get stuck. I don’t believe that something like this should be open to influence or power from outsiders.
What I want to say is, the MNDF and or police and army of the national security force must give the protection they must give to our judges. Especially in a moment like this, when their protection and security is of such importance, I beg the president of the Maldives. I ask for the protection of those people [judges].
Yes, even in a short period of about eight hours, we have found about 800 dead people. We can check this out properly when we get the voters lists from the polling stations. We are certain that about 20,000 votes have been cast against the law and procedures. That is why the results show we have less votes than we got. I don’t know whether the votes we got have been rigged and moved from this side to that side.
What is certain is that it is not 50,000 votes that we got. I believe the result should have more than 70,000 votes. Those are people who joined us and supported us. These people are sobbing in all corners of the country, shedding tears of pain and crying: ‘this is not the reality, so many crimes have been committed. We saw people, dressed in a particular colour, closing up the cote boxes with shaking hands.”Yes, I am telling you about Laamu Atoll. A person monitoring near one of our vote boxes there told me s/he saw a person wearing a yellow shirt closing a box in this state.
We are leading. We are leading. When you minus that 90,000 votes [received by MDP], we are the leaders. Yes, when you subtract 20,000 from those 90,000, I believe it is us who are in the lead.
We know it is our vote that was changed. I am telling you what I believe. I am telling you what I believe. Maldivians, have courage. I am ready to make any sacrifice with my body and my money to bring you Maldivians a happy and prosperous life. We will not give in to anyone. This talk of me hospitalised for a heart attack — these are all blatant lies to dishearten you. This talk of me endorsing this person or endorsing that person. We will endorse when we have to endorse. But today we don’t have to endorse. There is nobody we will endorse. God willing, it is others who will have to endorse us. We don’t have to endorse anyone. We are not in such a position yet.
Even if you have to vote twice or thrice, I tell you, don’t hesitate. Do as we say. Like Imran said, we will tell you what the most right, most sincere decision is for the sake of this nation, this land. When we tell you this decision, I call on you to double the support you have for us and decide to work with us.
God willing, it will be Gasim Ibrahim who will be the President of the Maldives on 11 November. Allah willing, do not doubt this. I tell you, do not doubt this.
Ask Allah for strength. Pray to Allah. Get strength from Allah and pray. That then is how Allah will decide things. There is no other calculation than this [Allah’s]. What I am telling you is the Right. Even if some people are deceiving you, the Right will win, Allah willing. Allah has guaranteed victory for the Righteous. Reminding you of this will give you Maldivian citizens strength and good thinking. I am ending this with the prayer that God will give you the ability to think right.
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