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MDP files corruption case in ACC over delay in HRCM report

The opposition Maldivian Democratic Party (MDP) has filed a case in Anti-Corruption Commission (ACC) alleging corruption involved in Human Rights Commission of the Maldives (HRCM)’s delay in releasing its findings concerning a police crackdown on protesters on February 8.

In a press statement released (Dhivehi) yesterday, the MDP alleged that HRCM was “deliberately delaying” the release of its findings for “political interests”, despite stating in local media that it had completed the investigation process.

“Human Rights Commission of the Maldives has stated in the media that they have finished compiling the report following their investigation into the violent police crackdown on protesters on February 8, after the toppling of the legitimate government by a coup d’état,” the party said.

“This party condemns the commission’s delay in releasing the report, which we believe is because of political interests,” read the statement.

The MDP alleged that the actions of HRCM were in violation of the regulation on right to information, and claimed that despite the commission’s statement to local media stating that it had released the report, it was not publicised anywhere.

“When [we] requested a copy of the report, the commission responded saying that a copy of report would only be made available after the commission decided on the matter during a meeting held on Wednesday, August 15, and said that they had sent the report to MDP office. But as of now, no such report has been received,” read the statement.

The MDP in the press statement said that these actions suggested that “members of the commission are involved in corruption – the use of power and authority for the benefit of certain parties”, and that therefore MP Ibrahim Rasheed would submit the case to the ACC on behalf of the party.

The MDP also called on the commission to immediately release its report to the public without delay.

HRCM response

Following MDP’s statement, the HRCM released a counter statement explaining the procedures it follows after releasing a report.

“This commission acts in accordance with the stipulations of article 24(c) and 24(d) of the Human Rights Commission of the Maldives Act. Therefore, it includes issuing of the investigation report to the party that filed the case, and we also share a copy with those that we feel are responsible and the authorities,” read the statement.

Article 24 of the Human Rights Commission of the Maldives Act (Act no. 6/2006) dictates the procedures which the commission has to follow after completing its investigations.

Article 24(c) states: “The commission should present a report of the investigation to the party that filed the case to the commission and to those which the commission believes should take responsibility.”

Article 24(d) states: “The commission should present its investigation report to the relevant authorities, and must advise them on way to which issues concerned in the report be not repeated again.”

HRCM in the statement said that the publicising of an investigation report would be decided after meeting held by the members.

The commission also claimed that the investigation into the events that took place on February 8 was “not an investigation that was initiated following a case filed to the commission” but rather a “self-initiated investigation”.

The commission also claimed that the report had been sent to concerned parties on May 28, and had also shared “necessary information” with the public during a press conference on July 18.

Minivan News understands that the report has been submitted to the government, but has not been otherwise circulated.

February 8

On February 8, thousands of protesters who took to the street in peaceful protest following the controversial toppling of former President Mohamed Nasheed were met by a violent crackdown by police.

The political chaos was triggered after Nasheed rallied MDP supporters, declaring that his resignation had been under duress, and called for the freshly-appointed President Mohamed Waheed Hassan to step down and call for elections.

“Yes, I was forced to resign at gunpoint,” Nasheed told foreign reporters after the rally. “There were guns all around me and they told me they wouldn’t hesitate to use them if I didn’t resign.”

Nasheed’s supporters then clashed with police and military forces near Republic Square, and were repeatedly tear gassed by the police. Dramatic footage of the crackdown has been shared on social media. More videos uploaded showed police kicking and beating protesters on the ground.

A Minivan News reporter was injured following what he described as a baton charge by former President Maumoon Abdul Gayoom’s ‘Star Force’ officers.

“They were beating old women with batons,” he said. “It was just like the old days.”

Police also confirmed at the time that there had been injuries to protesters.

HRCM investigation

The HRCM condemned the police brutality against civilian demonstrators.

“We highlight the fact that a lot of civilians and police officers have inflicted injuries of varying degrees during the demonstrations organised by the MDP, which became a confrontation between police and protesters,” a statement read at the time. “With regards to the demonstration, this commission is in the process of investigating the matters under its mandate.”

Addressing police forces and the public, the commission requested both parties to safely support the rights guaranteed in Article 32 of the constitution, which provides for the freedom of assembly.

“We advise the police to maintain their actions to standards that would not lose the public trust on the police service and we call the public to support and assist the police in executing their duties,” read the statement.

On May 29, HRCM stated that it had completed the investigation of the event and stated that its findings were sent to the authorities including the Prosecutor General’s office and parliament.

HRCM member Jeehan Mahmoud at the time said all but one of its investigations into the government changeover in February, and the events that led up to it, had now been completed.

One more report into the alleged human rights abuses conducted by police on the day of February 7 was left to be completed, she added.

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MDP commemorates ‘Black Friday’ anniversary

The former ruling Maldivian Democratic Party (MDP) commemorated the eighth anniversary of the brutal crackdown of the pro-democracy demonstration on ‘Black Friday’ August 12 and 13, 2004 with a special rally last night.

The rally featured video presentations about systematic torture under the regime of former President Maumoon Abdul Gayoom and testimony of victims of the crackdown on the unprecedented 22-hour public gathering at the Republic Square.

Addressing a capacity crowd at artificial beach last night, former President Mohamed Nasheed said that Black Friday was the day that the Maldivian people started to believe that they could assert their will and power over the government.

“It was the day when the Maldivian people found courage,” he said. “It was the day when the people started to believe that they could come out and reverse the autocratic rule of this country and eradicate torture and brutality.”

The former Amnesty International ‘prisoner of conscience’ paid tribute to the hundreds of demonstrators and reformist MPs arrested and beaten by the former National Security Service (NSS) on August 13.

Nasheed urged reformists to “continue the journey” begun on August 12 and 13 with the lessons of the past eight years, vowing not to stop the fight “until true freedom and independence is established in this country.”

The hopes of the Maldivian people for a better future was “tied to forming a civilised security forces,” Nasheed said, adding that everyone in the police and army were not “bad and ruthless people.”

It was MDP’s “duty” to work with numerous youth and experienced officers “of a national spirit” in the security services to reform the institutions, he continued.

Nasheed said he was “certain beyond doubt” that the Commission of National Inquiry’s (CNI) report would note that a number of mutinous officers of the security forces committed crimes and unlawful acts on February 7.

“After CoNI’s report, we should only go back home after bringing them to justice,” he said.

He added that the nation could not be held as the “spoils of war by a few police and army officers.”

‘The hidden baton’

Speaking at the rally, former Male’ MP and first president of MDP, Ibrahim ‘Ibra’ Ismail, argued that the “biggest success for the people” on August 12 and 13 was to show the outside world as well as the Maldivian people “the culture of brutality concealed by Gayoom.”

“The hidden baton” was made exposed through the efforts of reformists, said Ibra, which was put away after Gayoom’s election defeat only to be brought out again on February 7, 2012.

“This is not something the Maldivian people will accept. You cannot tie the tongues of the Maldivian people again. Today, the Maldivian people no longer fear that baton,” he said.

In a video message aired at the rally, Naushad Waheed – brother of President Mohamed Waheed Hassan Manik – spoke of torture in jails during President Gayoom’s 30-year reign.

Naushad, former deputy high commissioner to the UK, warned that those in power would not willingly relinquish it regardless of the conclusions of CNI’s report, urging MDP to remain vigilant and within legal bounds.

Former Special Majlis MP Mohamed ‘Nafa’ Naseem meanwhile said that the reformists drew courage from the months spent in Dhoonidhoo detention island following the crackdown on August 13.

“If I remember correctly, more than 300 people were put in jail for a long period,” he said. “I never saw anyone cry out of fear. Everyone was smiling. [We] crossed the threshold of fear.”

In a video interview, Mariyam Manike – mother of Evan Naseem, who was beaten to death in Maafushi prison on September 19, 2003 – recounted her treatment at the hands of NSS officers after her arrest outside her residence on August 13.

Manike said she was beaten by NSS officers after being taken to the main army barracks and was kept for hours with her hands cuffed behind her back.

NSS officers threatened to kill her while one officer told her that “this is the handcuff your son was wearing when we killed him,” Manike said.

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MDP MP Ibrahim Rasheed arrested, placed under house arrest

Maldivian Democratic Party (MDP) MP for Maafanu South Ibrahim Rasheed ‘Bonda’ has been placed under house arrest for five days by the Criminal Court, following his arrest after midnight on Friday on charges of threatening and attacking a police officer and obstructing police duty.

According to a statement by the formerly ruling MDP, MP Rasheed was taken into custody at 12.30am from a popular cafe in the capital Male’ by “20 militarised police.”

“MP Ibrahim Rasheed was arrested under a warrant obtained by the police relating to an incident two days back on 30 July when it was reported that the MP was ‘bitten’ on his back by a policeman in the process of being arrested while participating in a protest rally,” the statement explained.

“The MP was released within a few hours on that day with two other MPs who were also ‘picked up’ with Hon Rasheed.”

Video footage has since emerged on social media showing MP Rasheed’s arrest on July 30 during an MDP motorbike rally. A riot police officer appears to bite the MP behind his shoulders during the arrest.

Photos surfaced on social media showing bruises on the MPs’ back and the prescription letter from private hospital ADK where he was treated.

Police however released a statement on July 31 denying that any injuries were caused during the arrest of the three MPs.

The police statement insisted that MP Rasheed’s claim to MDP-aligned private broadcaster Raajje TV that he was bitten by a police officer was “a false allegation.”

Police further claimed that the three MDP MPs resisted arrest, used obscene language and caused varying degrees of injury to police officers. Aside from MP Rasheed, MDP MPs Ahmed Easa and Mohamed Gasam were also taken into custody on July 30 (Tuesday).

The statement also accused MP Rasheed of attempting to mislead the public regarding his arrest to bring the Maldives Police Service into disrepute, condemning the MDP MP’s remarks to the media.

Police have also denied reports by Amnesty International alleging “excessive use of force” against MDP demonstrators since the controversial transfer of power on February 7.

The MDP statement meanwhile noted that MP Rasheed was severely beaten by riot police officers on February 8 during a violent crackdown on an MDP march across Male’.

“Hon Rasheed is among 10 MPs who have been the subject of police brutality that have gone unaddressed for the last 6 months in spite of repeated appeals by the Inter Parliamentary Union to investigate the matter,” the MDP statement added.

While no charges have been brought against the Special Operations (SO) officers caught on camera beating MP Rasheed on February 8, the People’s Majlis secretariat sent a letter to the Police Integrity Commission (PIC) requesting the police watchdog body to “speed up its investigation into the cases of violence against MPs on 8 February 2012.”

“The letter also requested the PIC to update the secretariat on the progress of current investigations on this matter,” according to the Majlis.

Meanwhile, the Criminal Court on Friday extended the detention period of former State Minister for Home Affairs Mohamed Mahir Easa by an additional ten days.

Mahir was brought to the Criminal Court at 2:00pm yesterday along with MP Rasheed.

Mahir was arrested on charges of inciting violence against police officers during a speech at the MDP’s ‘Usfasgandu’ protest camp last month. Mahir had said he would not hesitate to cross police barricades to restore the MDP government.

The MDP has called for Mahir’s immediate release arguing that since police possessed both Mahir’s statement and a recording of his speech, there was no reason to keep the former state minister detained.

Mahir was beaten outside the police headquarters on February 7 during the police mutiny at Republic Square.

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Parliament sittings canceled indefinitely by Speaker

Speaker Abdulla Shahid has announced that parliament sittings will be cancelled indefinitely as “a peaceful atmosphere could not be assured” for sittings to proceed amidst rising political tension.

In a press statement today, Speaker Shahid said that MPs of the formerly ruling Maldivian Democratic Party (MDP) confronted the Speaker in his private chambers after MDP MP Mohamed Rasheed ‘Kubey’ was forcibly removed at the beginning of today’s sitting.

“Moreover, confrontations occurred between MPs in the chamber to the point of becoming dangerous,” the statement read, adding that “an atmosphere of calm necessary to conduct sittings could not be assured” as all recent sittings had to be cancelled due to disorder.

Shahid explained that he decided to invoke the Speaker’s authority under section 213(e) of the rules of procedure to cancel sittings indefinitely as he believed a political solution had to be sought through dialogue among parliamentary group leaders.

Section 213(e) states that the Speaker has the discretion to not conduct sittings for a period “as a precautionary measure if there is fear of a certain type of danger facing the Majlis.”

Both today and yesterday’s sitting were cancelled after MDP MPs vociferously raised points of order to protest the arrest of MPs during the party’s ongoing street demonstrations and the government’s decision to alter the ‘Aasandha’ health insurance scheme to charge patients from private hospitals and clinics.

MDP MPs led by MP Ali Waheed also disrupted today’s meeting of the Finance Committee alleging that the committee had failed to investigate the government “illegally borrowing” MVR 300 million from the Bank of Maldives.

“Paralysed”

Speaking at a press conference yesterday, MDP MP Ali Waheed argued that parliament has been “paralysed” since the transfer of power on February 7 and that “nothing productive” had been done in the past six months.

MP Ibrahim Mohamed Solih ‘Ibu’, parliamentary group leader of the MDP, contended that the government was violating the Public Finance Act by borrowing large sums of money without parliamentary approval.

Ibu claimed that the Finance Minister had written to parliament’s Finance Committee seeking MVR9 billion (US$583 million) for the budget as well as MVR 3 billion (US$194 million) in additional expenditure.

MP Ali Waheed meanwhile noted that MPs last month overwhelmingly rejected a Finance Committee recommendation to make changes to the Aasandha health insurance scheme.

Speaking to press after today’s sitting, MDP Chairperson and Hulhu-Henveiru MP ‘Reeko’ Moosa Manik said the party would not allow parliament to resume while the current government was altering the MDP’s flagship free universal health insurance scheme.

MDP MP Eva Abdulla claimed that the government was facing a shortfall in budgeted funds for the health insurance scheme due to increasing expenditure on the police and army.

“What we’re seeing is the result of a group of people assuming power without making any pledges to the public,” she said. “That is, they do not have to be accountable to the people. They do not have to let the people know what is going on.”

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Tensions escalate as government accuse MDP, Raajje TV of “inciting hatred and violence against police”

Following the murder of Lance Corporal Ahmed Haleem on Sunday, the government has said deposed President Mohamed Nasheed, opposition Maldivian Democratic Party (MDP), and the opposition aligned Raajje TV are responsible for attacks on police, and have pledged to summon Nasheed for questioning over charges of inciting hatred and violence against police.

Superintendent of police Mohamed Riyaz at a press conference this evening publicised an audio conversation held between MDP MP Mariya Ahmed Didi and Nasheed on May 29, in which Nasheed allegedly told Mariya to find people to fight the police. Riyaz said the police would obtain a court order to summon Nasheed for questioning within the week.

A few hours later, former Deputy Home Minister Hassan Mahir was arrested under a court warrant on charges of inciting violence against the police during a speech given at the MDP’s protest camp at Usfasgandu.

Meanwhile, in a separate joint press conference held at noon at Iskandhar Koshi today, Home Minister Mohamed Jameel and Police Commissioner Abdulla Riyaz said Raajje TV had spread “baseless allegations” about police brutality and the police role in the controversial change of government on February 7, thereby inciting and encouraging violence against the police and their families. Further, deposed President Nasheed was directly responsible for planning and inciting violent attacks on police, Abdulla Riyaz said.

Nasheed had resigned from office on February 7, but later claimed he was ousted in a coup d’état, planned by the remnants of the former dictatorship, funded by resort interests, and carried out by mutinous elements of the police and military. The MDP has since held regular protests calling for early elections.

Attorney General Azima Shukoor has also told state broadcaster Television Maldives (TVM) that the government will take action against the Elections Commission and the Maldives Broadcasting Commission (MBC) for respectively failing to discipline Raajje TV and the MDP, claiming the two bodies must be held responsible for encouraging attacks on police and the death of Haleem.

Police have arrested Mohamed Samaah, 22, over Haleem’s death, but have declined to give any further details. The MDP have said Samaah belonged to government coalition member and former President of 30 years Maumoon Abdul Gayoom’s Progressive Party of the Maldives (PPM).

Nasheed- Mariya conversation

Nasheed and Mariya’s leaked audio conversation appears to have been held during the police’s attempt to dismantle the MDP’s protest camp at Usfasgandu on May 29. Police had obtained a search warrant claiming MDP was performing black magic, conducting criminal activity and damaging public property in the area.

In the audio clip, Mariya says: “[Police] are forcing people back! They are using pepper spray! That is why we are unable to hold a national council meeting. And we have also received a second letter, ordering us to vacate the area by ten o’clock tonight. We cannot file an appeal at court or do anything. We cannot even hold the National Council meeting. We won’t have [enough members for] quorum. Shihab is here. But they are using pepper spray and forcing people back. Can only vacate the place if we could only get in there. This is all very unjust. What shall I do?”

Nasheed then replies, “There’s not much we can do. I don’t know. What is there to do? I think [we] need to get people out to fight if we can get them. If we can get people to fight, get them out. It’s very clear to me, I think we need to fight back. If we can get people to fight. Find kids from Male to fight the police,” Mariya laughs at this point, but Nasheed continues, “That is what I think. I don’t know if we can get people to fight. I want to fight against them.”

Amnesty International released a statement on June 11, alleging the police had used excessive force against protesters on May 29, by pepper spraying, beating and arresting peaceful protesters, bystanders and journalists. Police denied the allegations.

Superintendent of Police Mohamed Riyaz today said the police had decided to publicize the audio conversation “because we have no other choice.”

Riyaz said Mariya had been summoned for questioning over the audio clip on June 20, but the MDP had spread baseless allegations that the police were arresting and harrassing opposition politicians for no apparent reason. Hence, “the time has come to reveal the truth,” Riyaz said.

The audio clip was obtained legally through a court warrant, he added.

At approximately 9:00 pm this evening, former deputy Home Minister Hassan Mahir was arrested for comments made at Usfasgandu, in which he had allegedly incited violence against the police. Video footage of February 7 shows Mahir being attacked by men in civilians as police in riot gear watch outside the Police HQ and another man screams, “Kill him!”

The MDP has consistently raised concerns over new President Dr Mohamed Waheed Hassan’s failure to prosecute the police for brutality on February 7, 8 and at subsequent MDP demonstrations.

“Enemies of the state”

Speaking at a press conference at noon, Home Minister Jameel and Police Commissioner Abdulla Riyaz condemned MDP and Rajje TV’s alleged incitement of hatred and violence against police and their families.

Jameel described MDP and Raajje TV as “enemies of the state,” while Riyaz said Nasheed and senior MDP officials were behind the planning of psychological and physical attacks on the police.

“I note that former President Mohamed Nasheed is behind the planning of the attacks and damage caused to police property and repeated physical attacks on police officers.” Riyaz said.

Claiming Raajje TV’s reporting was “not responsible journalism,” Riyaz said that the station had spread baseless allegations regarding police brutality towards protesters and police role in the controversial change of government.

“Raajje TV has repeatedly attempted to defame and raise questions over police professionalism by broadcasting baseless allegations to create distrust towards the police,” he added.

He went on to refute a recent Raajje TV report that police had stolen fuel from parked motor cycles, claiming Raajje TV was attempting to falsely cast the entire police force as “brutal” and as “thieves.”

Earlier in the day, the Police released a satement saying they will no longer cooperate with Raajje TV or provide protection to the station due to its attempts to defame the institution. The Maldives Broadcasting Commission (MBC) subsequently told Raajje TV to issue an apology for the report on police officers stealing petrol.

Conversely, Raajje TV has also accused police of targeting, assaulting and harrasing its reporters during MDP’s protests.

A statement from Raajje TV on July 10 read: “Raajje TV journalists have been forced to live in fear as they have increasingly become targets of attacks by the national security forces, particularly the police service. The station also believes that these attacks and harassment has been the source of emotional distress and psychological damage to all Raajje TV employees.”

However, Riyaz stressed today that the police force did not discriminate. “I believe the police are professional. I am not under any political influence,” he added

During MDP’s protest on February 8, 64 policemen had been injured while police stations had sustained over Rf 130,000 (US$ 8387) worth damages, Riyaz said. It was Raajje TV’s broadcasting of false reports that police had killed a man in Male’ that led to the vandalism and arson attacks on police stations and court buildings throughout the Maldives, Riyaz alleged.

“We will take action against whoever incites violence against the police, no matter who it is or what kind of position they hold or have held in the past,” Jameel said.

Police have already filed criminal charges against Nasheed for his alleged role in the detention of Criminal Court Chief Judge Abdulla Mohamed in January and the discovery of alcohol bottles at Nasheed’s residence following his resignation. The Prosecutor General (PG) this month filed charges against Nasheed at the Hulhumale’ Island Court over Abdulla’s detention, but the court has rejected the case claiming the case was outside its “jurisdiction.”

The Commonwealth’s Special Envoy to the Maldives Sir Donald McKinnon and the UN Human Rights Commissioner Navi Pillay have expressed concern over the state’s attempt to prosecute Nasheed.

Complaints against EC, MBC

Attorney General Azima Shukoor, speaking on TVM’s Raajje Miadhu programme, said the Elections Commission (EC) and the Maldives Broadcasting Commission (MBC) had failed to discipline Raajje TV and MDP for inciting violence despite the government filing numerous complaints.

Azima said MDP’s call for violence were “a fact. You cannot dispute this. Look at the tweets, the materials on Facebook, and the speeches at meetings and protests.”

However, the failure of independent oversight institutions to take action had put the democratic process in the Maldives in jeopardy, Azima claimed. “The country is not functioning when space is given for democracy,” she said.

“Institutions that must take responsibility are not doing their job. [We have] to take action against them. The executive will conduct necessary legal work to take such action. We will submit this case to the Majlis. We are also ready to take necessary action through the courts,” she stated.

In response, the Elections Commissioner Fuad Thawfeeq told TVM that the commission “will not yield to threats and intimidation.”

Regarding the MDP’s protests, he said: “The constitution guarantees freedom of assembly and speech. The elections commission cannot narrow such freedoms.” Thawfeeq said it was the executive’s resonsibility to investigate criminal activities.

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Nasheed resigned “under duress”, security forces “more like militia”: Danish legal experts

Former President Mohamed Nasheed resigned “under duress” in a “coup d’état” on February 7, a report by Danish legal experts has concluded.

The report, titled “Arrested Democracy,” was compiled at the request of Nasheed’s Maldivian Democratic Party (MDP), and authored by an independent team of international lawyers and human rights experts headed by Associate Professor of International Law at Copenhagen University, Anders Henriksen.

It analyses the legality of Nasheed’s resignation under international law and the subsequent actions taken by the security forces against anti-government protesters, and is based on testimonies collected during a field visit in June 2012, as well as news articles, written materials and video footage.

Whilst the report concluded Nasheed was ousted in a coup d’état, the authors could not determine “with absolute certainty” whether the coup was pre-planned. However, the report finds “the factual circumstances surrounding the resignation of President Nasheed extremely damaging to the credibility of the new government and its claim that it did not instigate the transfer of power in the Maldives.”

The report further states that new President Dr Mohamed Waheed Hassan’s refusal to hold new elections “violate the right of the Maldivian people to democratic governance as manifested in Article 25 of the United Nations Covenant on Civil and Political Rights and in the right to self-determination.”

It also condemned and detailed a number of human rights violations committed by the Maldivian security forces, observing that “since the transfer of power the Maldivian security forces seem to have acted more like a militia for the new government than as a neutral police service for all Maldivians.”

Security forces have violated rights to freedom of association, speech, and assembly and right to personal security “by resorting to excessive use of force; discriminating against protesters based on their viewpoints; restricting demonstrations without a legitimate reason and for failing to distinguish between those protesters that cause trouble and those that are peaceful,” the report said.

Noting that no security official has been held accountable for human rights abuses since the controversial transfer of power, the authors stated that the Maldives government must take the “overall responsibility for the human rights violations in the Maldives over the course of the last six months.”

Recommending fresh elections to resolve the current political crisis in the Maldives, the authors state: “The new government must call for new elections and it must do so rather sooner than later. The longer it waits, the longer it prevents the Maldivian people from determining their own future.”

Members of the MDP have released two reports concerning the transfer of power on February 7. A report produced by former Environment Minister Mohamed Aslam and former National Security Advisor Ameen Faisal in June outlined what the MDP government knew of the then-opposition’s plan to topple the government by soliciting “about 500 police officers” to mutiny against Nasheed’s administration. A few days later, MDP lawyer and MP Mariya Ahmed Didi released a report outlining criminal charges against President Dr Waheed, arguing he had played “a pivotal role” in the “unlawful overthrow” of Nasheed’s administration and in doing so had violated Article 30 of the Penal Code.

Coup d’état

Nasheed had no choice but to accept a demand for his resignation on February 7 following “the revolt by the Maldivian Police Services and the seemingly unwillingness or inability of the Maldivian Military to restore law and order,” the report states.

“We conclude that President Nasheed resigned as President of the Maldives under duress, and that his resignation cannot be considered voluntary or otherwise ‘in accordance with law,’” the report observes, and goes on to state; “To the extent that a ‘coup d’etat’ can be defined as the ‘illegitimate overthrow of a government’, we must therefore also consider the events as a coup d’etat.”

Although the authors could not conclusively determine whether the coup was pre-planned, they argue that “it should not be for the opposition to prove that the new government under the presidency of Dr. Waheed orchestrated the forced resignation by President Nasheed, but rather for Dr. Waheed and his new government to prove that they did not.”

The report calls for early elections, stating that elected politicians must consult their constituents in time of extraordinary crisis.

“When the elected politicians have a valid disagreement on the political legitimacy of the democratic process and when that disagreement threatens to jeopardize the entire constitutional system, it should be for the people – and not simply the ruling politicians themselves – to decide on the direction society should take,” the report states.

“More like militia”

The report details human rights violations committed by the security forces since the transfer of power and said the security forces acted “more like a militia for the new government than as a neutral police service for all Maldivians.”

Maldivian security forces have violated the rights to freedom of speech, association, assembly and the right to personal security by resorting to excessive force, the report states. It further argues that such violations have made protesters reluctant to exercise their legitimate rights.

“We find, in other words, that the acts of the security forces have had a ‘chilling effect’ on the enjoyment of fundamental freedoms in the Maldives.

“The reported conduct of the security forces does not correspond with their obligation to allow protests to take place unless compelling information offers a legitimate reason for restriction. Indeed, when judged by the information available, it seems as if the security forces have been more focused on repressing demonstrations rather than ensuring the safety of the participating individuals,” the report notes.

Security forces have used “excessive and indiscriminate use” of batons and sticks, pepper spray and tear gas, and if such instruments have been used for no apparent reason, then “the security forces may very well have violated the prohibition against inhuman and degrading treatment under the UN Covenant on Civil and Political Rights and the UN Convention against Torture,” the authors said.

The report claims the security forces’ targeting of anti-government protesters “appear to be systematic and not just the result of sporadic acts of ill disciplined officers.”

“Some responsibility for the worsening human rights record among the security forces must rest with the leadership of these forces who have clearly failed to make sure that their personnel have discharge their duties in compliance with applicable democratic and human rights standards. The security forces do not appear to operate under a coherent and well-principled policy for the use of force policy and there also seems to be lack of comprehensive protocol governing the treatment of protesters and the handling of public demonstrations.

“Overall responsibility for the numerous human rights violations in the Maldives over the course of the last six months must however, rest with the new Maldivian government who are ultimately responsible for the acts perpetrated by its security agencies. The government appears to have taken no concrete actions in order to stop the violence against the anti-government protesters nor has it distanced it from it.

“In a controversial move, the government has actually just recently allowed for the introduction of new types of non-lethal weapons, including the use of electroshock taser-guns and mace spray, for use by the Maldivian security forces,” the report observes.

The authors also criticize the Maldivian Human Rights Commission (HRCM), claiming that although the commission is “competent to look into complaints of human rights violations, in the Maldives, we are not entirely persuaded by their willingness and ability to condct sufficiently thorough investigations of the events that have occurred in the Maldives since the transfer of power.”

The authors recommend “fundamental democratic reform” of the Maldivian security forces, claiming that the two institutions were not immune from manipulation and exploitation by influential political actors. “Both institutions clearly suffer from a lack of basic understading of their proper role in a democracy,” the report stated.

In addition to Henrikson, Attorney-at law, LL.M., Rasmus Kieffer-Kristensen, and Asia-expert & Senior Policy Fellow Jonas Parello Plesner participated in authoring the report.

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“Just 300 police and military officers sustaining regime”: former President Nasheed

Ousted President Mohamed Nasheed last night claimed that only 300 police and military officials were keeping the “coup government” of President Mohamed Waheed Hassan from falling apart.

Nasheed made the remarks during a ceremony held last night on Male’ City Council hall to release a report on the findings of the controversial transfer of power on February 7, produced by a team of Danish legal experts from University of Copenhagen, and a book about the event written in Dhivehi by Ali Moosa Didi.

Nasheed stated that there were “lots of measures” taken to ensure that the “illegitimate” government remained in power, and that the 300 officers were playing a pivotal role in the process.

“300 police and military officers are responsible for undermining the public interest of the entire country, and following that coup, a lot of measures and efforts are being carried out to ensure the survival of the coup regime, and these 300 officers are playing a pivotal role in it,” he said.

He also claimed that in the course of these efforts, police brutality and state sponsored torture had shown an “alarming” increase.

Nasheed also reiterated that his Maldivian Democratic Party (MDP) had “not run out of options”, adding that its core identity was built on “not backing down”.

Nasheed said the party could “advocate and negotiate”, but said the most effective way to bring about early elections and restore the country’s democratic legitimacy was through continued “direct action”.

“Direct action”

During the last two weeks, the MDP has been carrying out what it has called “direct action” protests.

While the opposition party contends that its protests have been “largely peaceful”, the ongoing demonstrations have at times turned into violent clashes with police. This violence has led to allegations of police brutality against demonstrators, and counter claims of protesters attacking reporters and security forces.

The MDP stated that it expected its protests, stated to continue until the present government of President Waheed “topples” would continue indefinitely. The MDP alleged that the Waheed administration came to power in February 7, through a “coup d’etat” and therefore had no legitimacy.

Party MP and Spokesperson Hamid Abdul Ghafoor who is currently under arrest following the protests at the time claimed that the MDP was committed to managing “peaceful, disciplined” protests, though he accepted that violent confrontations appeared to be increasing between police and protesters.

He alleged that this violence was a result of law enforcement officials increasingly showing a “lack of discipline” on their part.

The Maldives Police Service has contended that it continues to use “minimum force” to protect its officers during the demonstrations.

Conversely, while police have said that none of its officers were hurt in the last 24 hours, there have been serious and minor injuries sustained by police during attacks by individuals suspected of being affiliated with anti-government demonstrators.

On July 12, an attack near Dhilbahaaru Magu in Male’ required one officer to fly to Sri Lanka for treatment for head injuries received from an assault with a pavement brick.

Minivan News has observed protests in recent weeks switching from heckling and mocking of officers at police barricades to violent confrontations as police have charged through protest lines, while demonstrators themselves have broken through barricades to confront police.

Police have come under particular criticism by the MDP for using pepper spray directly in the faces of protesters – an accusation denied by law enforcement authorities.

“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement at the time.

However a video released of the incident showed a riot police officer reaching over a crowd of people surrounding Nasheed and spraying him in the face. Nasheed turns away as the spray hits him, and is taken away by his supporters, but later returned to the protest.

In this environment, the government has itself called for “calm”, urging all political leaders to abandon the street protests, which have attracted international attention over the last few weeks, and sit down for “sincere dialogue”.

Minivan News tried contacting Presidents Office Spokesperson Abbas Adil Riza, but did not respond at time of press.

EU Concern

Meanwhile the EU has slammed an “escalation of political tension and violent protests” in the Maldives as police confirmed that 50 people – including a former cabinet minister – were arrested during the last two days during anti-government demonstrations.

However, with the arrest of 32 demonstrators in the last 24 hours, as well as a government decision to clear the MDP’s Usfasgandu protest site by July 30, some opposition figures have claimed the tension will likely intensify further.

Spokesperson for Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy, said there remained “deep concern” in Europe over the political unrest in the Maldives.

“The High Representative is convinced that continued political unrest, heavy-handed responses by security forces, and charges filed against political leaders will only lead to further deterioration of the political climate in the country and will adversely affect the lives of all Maldivian citizens,” stated the EU.

“The High Representative acknowledges the efforts of the Commonwealth Special Envoy, Sir Don McKinnon, to strengthen the Maldives Commission of National Inquiry (CNI) whose purpose it is to establish an objective account of the events which led to the resignation of President Nasheed and the transfer of power to the present Government on 7 February 2012. She appeals to all parties to refrain from any actions that could jeopardise completion of the Commission of National Inquiry’s work, including legal action against political leaders”.

The calls followed a statement released by the Commonwealth this week urging all parties to show “restraint and restore calm” as initiatives like the reconstituted Commission of National Inquiry (CNI). The CNI, expected to be completed by next month, was established to ascertain the truth between February’s controversial transfer of power.

In a statement released Tuesday (July 17), Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Donald McKinnon called for dialogue among political leaders, urging all parties to show “restraint and restore calm.”

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EU concerned over escalating “political tension” while MDP commits to “direct action”

The EU has slammed an “escalation of political tension and violent protests” in the Maldives as police confirmed that 50 people – including a former cabinet minister – were arrested during the last two days during anti-government demonstrations.

Spokesperson for Catherine Ashton, High Representative of the European Union for Foreign Affairs and Security Policy, has said there remained “deep concern” in Europe over the political unrest in the Maldives.

“Direct action”

During the last two weeks, the MDP has been carrying out what it has called “direct action” protests.

While the opposition party has continued to contend that its protests have been “largely peaceful”, the ongoing demonstrations have at times broken out into violent clashes. This violence has led to allegations of police brutality against demonstrators, and counter claims of protesters attacking reporters and security forces.

The MDP today said it expected its protests, stated to continue until the present government of Dr Mohamed Waheed Hassan “topples” would continue indefinitely. The MDP alleges that the Waheed administration came to power in February through a “coup d’etat” and therefore had no legitimacy.

Party MP and Spokesperson Hamid Abdul Ghafoor claimed that the MDP was committed to managing “peaceful, disciplined” protests, though he accepted that violent confrontations appeared to be increasing between police and protesters. He alleged that this violence was a result of law enforcement officials increasingly showing a “lack of discipline” on their part.

The Maldives Police Service has contended that to continues to use “minimum force” to protect its officers during the demonstrations.

Conversely, while police have said that none of its officers were hurt in the last 24 hours – there have been serious and minor injuries sustained by police during attacks by individuals suspected of being affiliated with anti-government demonstrators.

On July 12, an attack around Dhilbahaaru Magu in Male’ saw one officer having to fly to Sri Lanka for treatment for head injuries received from an assault with a pavement brick.

Minivan News has observed protests in recent weeks switching from heckling and mocking of officers at police barricades to violent confrontations as police have charged through protests lines, and demonstrators themselves broke through barricades to confront police.

Police have come under particular criticism by the MDP for using pepper spray directly in the faces of protesters – an accusation denied by law enforcement authorities.

“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement at the time.

President’s Office Spokesperson Abbas Adil Riza was not responding at time of press.

Amid the calls for an end to protests and fresh talks, the Ministry of Housing has issued an ultimatum for the MDP to vacate the Usfasgandu protest area in the next nine days.

Housing Minister Dr Mohamed Muiz claimed the decision to evict the MD from the site was not linked to the current anti-government protests, but rather a reaction to how the opposition had used their land for partisan purposes.

Muiz told Minivan News that the land, which had controversially been leased to the MDP Male’ City Council, an elected body with a majority representation for the opposition party, belonged to the government.

“As far as I’m concerned there is no doubt of the legality [of clearing the site],” he said.

Amidst the current political tension in the capital, Dr Muiz said that the timing of the decision had “nothing to do” with continued protests being carried out by the party.

“We have already handed in our development plans for the area,” he said. “There is a clear mandate of what should have been developed on [Usfasgandu]. The MDP have ignored these rules and have developed it into their own party property.”

MDP MP Ghafoor responded that “there was no doubt” that the Housing Ministry’s decision was in retaliation for continuing its protests in the capital.

“Judging from the current mood of the people, the [housing] minister’s threats will be taken as irrelevant now. People just aren’t listening any more to what they see as a coup government,” he claimed.

Ghafoor also alleged that all ministers aligned with the present government were viewed as having no legitimacy among MDP members, from the State Islamic minister up to President Waheed himself.

However, with international organisations including the UN, the EU and the Commonwealth all calling on politicians to adhere to a peaceful resolution to the nation’s political upheaval, Ghafoor said that protests would continue as previously pledged by the party.

“I do not think the issue here is whether our protests are sustainable, it is more about the fact the whole political situation in this country unsustainable,” he claimed.

Despite the alleged incidence of violence linked to police and protesters alike, Ghafoor contended that the MDP remained committed to “disciplined, peaceful” protests.

“As long as the party keeps the foresight to try and manage protests, we are trying to channel the energy and dissatisfaction of people into something more positive,” he claimed.

Ghafoor conceded that it was apparent that protests were becoming more violent as peoples’ frustrations grew, a sign he claimed that was reflected in the amount of footage and photos of protests that were being found on social media sites like Facebook depicting alleged acts of violence by authorities.

“I think that protests show a direct correlation between the level of oppression and the resultant uprisings,” he added. “If you look at Bahrain , they have lived with repression all their lives, so have we. But we are seeing the kids coming out on the streets to show their anger,” he said.

Ghafoor alleged that police were failing to keep control of the present situation and may be turning to young inexperienced officers to try and control it.

Arrests

More than 50 people are believed to have been arrested during two nights of protests in the capital – 22 were said to have been arrested in the early hours of Friday (July 20) morning, the first day of Ramazan.

Among those arrested were former Transport Minister Adil Saleem, who was detained on Thursday evening but later released under house arrest, according to the MDP.

The MDP also alleged that Saleem had sustained “abdominal injuries” during his arrest as a result of “excessive force” used to detain him by police. Ghafoor claimed that Saleem was eventually taken to Hulhumale’ hospital for treatment, though was advised that he should be transferred to Indira Gandhi Memorial Hosptial (IGMH) in Male’. Police were then reported to have opted against returning the former minister to the capital.

The MDP has also claimed that the protesters who had been arrested were not given food during breakfast whilst being held.

“Legal necessities”

In response to the 32 people confirmed to have been arrested following this morning’s protests, police claimed that detentions were made after repeated warnings to not to cross the police lines and to not to obstruct police duty.

“The protesters who came into the ‘no protesting zone’ claimed that they were there to call for early elections and voice against the government. But the protesters that came into this zone had resorted to using foul language and harassment to the police officers” read the statement.

Following the confrontations, those that were arrested were given the opportunity to breakfast and all other legal necessities were provided to them, according to police.

Among the legal necessities provided to the arrestees were, having a medical check up to see if there is any sort of physical harm caused to the arrestee and providing the opportunity to seek assistance of a legal counsel. The families of the arrested were also contacted.

Police have claimed that among 32 arrested, four were tested positive for drugs. Those tested positive were Ismail Abdulla, Mohamed Sabah, Aishath Laisha Abdullah and Hussain Mufeedh, police said.

Police claimed that Aishath Laisha was the only female arrested in today’s protests.

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Violence escalates in Malé as police clash with MDP protesters

The Maldivian Democratic Party’s (MDP) protests in Malé escalated into violence over the weekend, with police and protesters sustaining injuries, arrests of demonstrators, intimidation of reporters, attacks on police, torching of police vehicles and vandalism of several businesses.

The MDP has vowed to continue street protests from July 8 until President Dr Mohamed Waheed’s administration is brought to an end. The party alleges President Mohamed Nasheed was deposed in a coup d’état on February 7 and has called for early elections.

Police arrested more than 65 protesters over the weekend, including the MDP Youth Wing President Aminath Shauna on Friday evening, and President Nasheed’s former legal advisor Hisaan Hussein on Saturday evening.

Shauna was released by the Supreme Court on Saturday at 9:00pm, after Chief Criminal Court Judge Abdulla Mohamed ruled that she not take part in protests for 21 days.

On Thursday night Minivan News observed dozens of policemen with riot gear and batons charging at protesters gathered at the junction of Chaandhanee and Fareedhee streets at approximately 1:00am. Protesters had heckled police and refused repeated police orders to disperse from the area. Some had also thrown empty water bottles at police.

A Minivan News reporter was among the crowd that ran before the police into the Sultan Park near the protest area. Pavement stones were flying in the park, but it was not clear who was throwing them. The crowd then gathered at the Chaandhanee and Majeedhee Magu junction afterwards. Minivan News saw a truck full of policemen driving through the streets at high speed, and individual policemen threatening and taunting protesters.

In a statement on Friday, police said MDP’s protests on Thursday night had turned into “riots” with protesters attacking law enforcement officers with chilli-infused water and pavement stones. A police officer was diagnosed with retrograde amnesia after being hit on the head, police claim.

The MDP have meanwhile accused President Waheed’s administration of systematically undermining civil and political rights, stating that police had “baton-charged demonstrators, used pepper spray and reportedly fired rubber bullets at unarmed protesters.”

Those arrested also included two disabled women, the MDP said.

“Demonstrators were always within demonstrating area set by regulation when police violently dispersed the crowd,” the MDP claimed. Police also attacked and beat President Nasheed’s former Human Rights Ambassador Mohamed “Go-go” Latheef and Malé Mayor “Maizan” Ali Manik, the party claimed.

The protest continues at the Chaandhanee Magu and Fareedhee Magu junction at the time of press.

Zero tolerance, say police

In a statement on Friday, police claimed protesters had attacked nine law enforcement officers “while a group of MDP activists brutally beating other security personnel and hitting his head has sent the officer into a retrograde amnesia.”

According to police, officers repeatedly asked the protesters to disperse from the area after midnight, but protesters threw glass pebbles and heavy lead balls at the police. The police were then forced to show “zero tolerance” to control the “atrocity” against them, the statement read.

Protesters attacked police media personnel, beat and threw a 45-year old man into the sea, broke the window panes of two shops, snatched seven mobile-radio sets and attacked several police officers, the police claimed.

In the attacks on the police, several police vehicles were damaged and one was set on fire, police added.

“The mob went on savaging the Male’ City streets, attacked another police officer and damaged his police motor bike near Masjid-Al-Zikra, a mosque in Majeedhee magu close to the junction. The mob also throwing pave stones to a police vehicle broke its window panes near the Le’cute’ shop, and a few yards east to the central junction on Majeedhee Magu scorched another motor bike,” the statement read.

Commissioner of Police Abdulla Riyaz on Twitter on Friday said he had instructed the Operation Commander to take necessary action to minimise injuries to police officers. Police Spokesperson Hassan Haneef explained Riyaz’s statement to local media Sun Online as meaning an instruction to take action to disperse protests at the first sign of violence.

Meanwhile, the Police Integrity Commission (PIC) on Thursday evening conducted breathalyzer tests on police on duty after protesters alleged police on duty were intoxicated. The test results were negative.

“Rights in full retreat”

The MDP has condemned police attacks on its MPs, journalists and protesters. MDP members have posted photos on social media depicting bruises and bloody cuts allegedly caused by the police.

MDP Spokesperson Hamid Abdul Gafoor said “civil and political rights are in full retreat. The police are responsible for daily human rights violations but nobody is ever prosecuted for these crimes – impunity has become the norm.”

The MDP has condemned the arrest of its Youth Wing President Aminath Shauna, and claims the arrest was “highly targeted.”

Police have denied any political motive behind Shauna’s arrest and said she was charged with obstruction of police duty.

Shauna’s arrest has meanwhile sparked international media attention with an online petition and a Twitter campaign calling for her release. A professor at Westminster College in the US state of Missouri has asked President Barack Obama to seek Shauna’s release. Shauna graduated from Westminster College in 2008.

“I fear for her safety and her life. I call on President Obama to demand her immediate release from prison and to grant her political asylum in the United States. She is the victim of political repression,” Professor of Political Science John Langton told newspapers the Fulton Sun and the Kansas City Star.

Criminal Court Judge Abdulla Mohamed released Shauna at 9:00 pm on Saturday evening on the condition that she does not take part in protests for 21 days.

Reporters attacked

Reporters of private television station Raajje TV, which broadcasts live coverage of MDP protests, told Minivan News they had to stop coverage after receiving death threats at around 4:00am on Friday.

Cameraman Ibrahim Riyaz said police had been verbally abusive towards him and journalist Zaidhullah Shabeen all night.

“When protesters set fire to the motorbike, a police officer came looking for us. Then we heard other police officers in riot gear say, ‘let’s beat them, destroy them and the station,’” he said.

Raajje TV reports its cameraman Mohamed Shanoon fell unconscious after being baton-charged and suffered a collarbone injury on Wednesday night.

The Committee to Protect Journalists (CPJ) has expressed concern over attacks on journalists from police and protesters. Private television station DhiTV’s presenter Mohamed Ameeth was mobbed by protesters on Wednesday evening.

Friday

Violence was relatively low on Friday night. Nineteen people were arrested, and police said they had dispersed protesters at 2:00am “without the use of force.”

However, protesters told Minivan News police in trucks had driven at them at high speeds causing protesters to scatter.

“We were afraid they would run us over,” protester Ahmed Yasmin said.

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