Tag: police

Week in review: October 12 – 25

The past fortnight has been dominated by the build up to, and the fallout from, the re-scheduled presidential elections. Due to take place on October 19, the poll was delayed at the eleventh hour when police blocked the removal of documents from the Elections Commission (EC).

The police’s decision – later criticised by the Human Rights Commission as well as the EC – came after the EC had been unable to obtain the signatures of the candidates as mandated by the Supreme Court for the completion of the voter registry.

Both Progressive Party of Maldives (PPM) and Jumhooree Party (JP) candidates had broken off contact with the EC, just as the commission neared completion of a frantic drive to re-register over 70,000 voters in less than two weeks.

The EC’s efforts were further placed in jeopardy by the court’s maintenance that any concerns regarding fingerprint verification must be addressed – a task that the commission maintained was beyond its capacity.

Re-registration was made harder still when PPM and supporters of its coalition ally the Maldivian Development Alliance (MDA) caused chaos in the re-registration queues after a systems malfunction. The police were again criticised by the EC for failing to come to its aid in a timely manner, with Chair Fuwad Thowfeek (fore-)telling Minivan News “there are people who want to block this vote”.

The police subsequently defended its role in delaying the election.

JP and PPM officials re-surfaced in the afternoon prior to the polling date to state that they would not sign the register without further verification – of 10 and 5 percent of fingerprints, respectively – before both parties returned to the Supreme Court, requesting the further delay of polls.

When the court failed to accede to these requests, the police obliged, prompting the Maldivian Democratic Party (MDP) to take to the streets in a peaceful sit-down protest that covered the length of Male’s main thoroughfare and beyond. In a rousing speech MDP candidate Mohamed Nasheed vowed to “establish good governance in the Maldives”.

Two nights of these protests followed, as did meetings between the EC and political parties, before the election was moved to November 9 – with a potential run-off scheduled for the 16th. The Supreme Court, however, has already deemed that its prior guidelines must be followed to the letter.

After deciding to withdraw his own candidacy for the new poll, President Waheed publicly expressed his doubt over credibility of the scheduled October 19 vote.  Waheed also stated his refusal to acknowledge the five percent vote he had received in the first (annulled) poll.

In his latest foray into Maldivian politics, British businessman Richard Branson revealed this week that he had been on the verge of writing to Waheed to congratulate him on his handling of the democratic process before the vote’s deferral.

Waheed’s calls, the day before the scheduled vote, for parties to cease obstructing polling fell on deaf ears, as have his calls for conciliation. Waheed suggested to Indian media that he would threaten to resign if necessary, a sentiment strongly supported by Nasheed.

Fierce rhetoric has refused to abate in the aftermath of the cancelled vote, with the two presidential coalitions launching attacks on the EC, after having focused on one another prior to the 19th.

JP presidential candidate and MP Gasim Ibrahim called for the Majlis to declare a state of emergency in order to pursue criminal charges against the EC and Chair Fuwad Thowfeek – whose superhuman efforts prompted an outpouring of support from the public.

Meanwhile, the prospect of the court invalidating Nasheed’s candidacy altogether remains on the table as PPM council member Ibrahim ‘Wadde’ Waheed refused to defer to the requests of his leaders and withdraw his court case.

The MDP – who now enjoy a Majlis majority with the Dhivehi Rayyithunge Party (DRP) – tabled multiple no-confidence motions against senior cabinet members, as well as legislation to ensure the orderly transition of power from the executive to the speaker should the presidential term end (on November 11) without a successor having been chosen.

This flurry of activity in the legislature prompting the Supreme Court to fast-track the suspension of two MPs on charges of decreed debt.

Elsewhere

Aside from the elections, the police received continued criticism from Raajje TV regarding the station’s arson attack, with its chairman seeking international assistance to find the perpetrators.

One officer who failed to return from accompanying the ballot box to the UK was caught out on social media as he tweeted about his attendance at Arsenal’s Champions League game this week.

Following a suicide in Male’ in a location frequented by drug users, the National Drug Agency warned of a potentially lethal drug in circulation.

Finally, global climate justice NGO 350.org told Minivan News this week that the recent IPCC report only strengthened the world’s need for climate justice advocates such as former President Nasheed.

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Leaked HRCM report questions Supreme Court’s election annulment

A leaked Human Rights Commission (HRCM) report obtained by Minivan News has questioned the credibility of the evidence used by the Supreme Court to annul the first round of presidential polls held on September 7.

It also says that the apex court does not have the authority to delineate guidelines for a re-vote.

The document suggests that the 16 guidelines compromise the independence of the Elections Commission (EC) by involving various state institutions and candidates in the conducting, managing, and facilitating of the elections.

A member of the HRCM has confirmed that the organization carried out an analysis of the Supreme Court verdict, but declined to comment on the report’s authenticity.

The court annulled the September 7 polls, claiming 5641 cases of fraudulent votes – a number that could have altered the election result due to the 2677 vote margin between the second and third placed candidates.

However, the HRCM’s analysis of the 5641 cases show only 1033 votes could be considered irregular.

“The commission does not believe this is a number than can affect the elections results,” the report stated.

The document also noted the Supreme Court is tasked with administration of justice and the People’s Majlis with law making powers, and as such the Supreme Court did not have the authority to compile guidelines on electoral conduct.

“We note that the Supreme Court’s guidelines include obligations that are not present in General Elections Act (No 11/2008) and Presidential Elections Act (No 12/2008) and we believe the Supreme Court does not have the jurisdiction [to issue new obligations],” the report said.

The police halted the Supreme Court ordered re-vote on October 19, saying they would not support the election after the Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) had refused to approve the voter registry.

Irregular votes

The four judges making the majority decision contended that 5641 irregular votes were cast. According to the verdict, these included:

  • 773 people with discrepancies in their national identification numbers
  • 18 dead people
  • 7 minors
  • 225 people without national identification numbers
  • Three people who voted twice
  • 2830 people with discrepancies in their addresses
  • 952 people with discrepancies in their names
  • 7 people who were not registered in the Department of National Registration’s (DNR) database
  • 819 people whose national identification numbers had been written down incorrectly by elections officials at the time of voting

In the HRCM’s analysis, only 1033 of the 5641 votes could be considered irregular – a figure which addressed:

  • The seven people whose names were added to the voter registry by pen may have been to ensure an eligible voter was given the right to vote despite not being on the voter registry
  • 3 repeated votes for which the report said it was unclear how many times these people voted and hence, incomplete information should not be used in a verdict
  • 2830 address mismatches: “We do not believe address mismatches can influence the result of this election as this is not constituency specific,” the report said and noted that such information should be used in a verdict only if the individual has used this mismatch to violate another’s right to vote or used the information for undue benefit
  • 952 name mismatches which may have been used to ensure that an eligible voter is not disenfranchised, especially if the voter is given the right to vote when all other information and picture on the identity card matches the person who comes to vote
  • 819 people whose national identification numbers had been written down wrong by elections officials at the time of voting: this may be a human errors and can be crosschecked at the time of voting

The report states that the remaining 1033 cases of irregular votes does not change the outcome of the election.

In contrast to majority four judges, Chief Justice Ahmed Faiz and Judge Abdulla Areef found only 473 instances of irregular votes. The two judges said the amount was not enough to invalidate entire election. In case of fraudulent votes, only the result in a specific geographic location can be annulled, not the entire election, the judges said.

The two judges also argued jurisdiction in the matter lies with the High Court, not the Supreme Court.

Guidelines

The HRCM report noted that the Supreme Court guidelines included obligations that are not included in the election laws.

These include obtaining candidate’s signatures on the voter registry, obtaining candidate’s approval for all elections officials active in the polling booths on polling day, and the prohibition on the use of files, phones, handbags or any item that may infringe upon a candidate’s rights.

The EC may find it difficult to implement the guidelines, as they do not state what the commission must do in the event candidates refuse to vet elections officials or sign the registry, the report said.

“Further, the prohibition on the use of phones and files inside the polling booth obstructs the duties of observers, candidate’s representatives and monitors as per article 41, 42 and 43 of the General Elections Act,” the report said.

The Supreme Court also ordered the EC to ensure, along with “relevant authorities” that acts which violate this guideline do not take place. However, the HRCM report notes that the relevant authorities are not defined and hence, “it is not clear what various state institution’s roles are in elections and may create additional issues.”

The HRCM report appears to foreshadow the difficulties the EC was to face in conducting the poll on October 19. On the eve of elections, the PPM and JP refused to sign the voter registry demanding that the EC verify a sample of fingerprinted re-registration forms.

The EC said it did not have the capacity or time to crosscheck fingerprints.

With the PPM and JP refusing to approve the voter registry, the police – mandated by the court to oversee security of ballot papers and boxes – refused to transport materials to polling stations. An hour before polls opened, the police stopped EC officials from leaving the commission’s headquarters with any documents relating to the vote.

The commission yesterday released a statement arguing that the police’s blocking of the vote contravened the constitution, the Police Act, and the Elections Act.

The EC also accused the police of obstructing vote, questioning their mandate to do so. The guidelines only ask police to oversee security of ballot boxes in transit, the EC said.

“The Supreme Court 16 guidelines delineated in the verdict are restrictions. These are locks, blocks. With those locks, it will be very difficult for us to hold elections,” EC President Fuwad Thowfeek has said in an interview to Maldives Broadcasting Commission (MBC).

“But if we could hold an election according to the constitution, elections laws and presidential elections laws, we will be able to hold a free election.”

After cancellation of polls on Saturday, the government, following international pressure appealed again for an early election date. The EC set a new presidential poll date for November 9, and if necessary a second round on November 16.

Speaking to the press yesterday, Thowfeek has said he hopes the government finds a solution to the Supreme Court’s restrictions in the future.

“Otherwise, holding elections will become impossible and that affects the most fundamental [right] in a democracy,” Thowfeek said. Further, failure of candidates or any other state institution to do what they must to should not affect the citizenry’s right to vote, he added.

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Police stopped election illegally, in violation of constitution: Human Rights Commission

Police blocked the Elections Commission (EC) from conducting the re-vote of the presidential election on October 19 in contravention of the constitution, the Police Act, and the Elections Act, the Human Rights Commission of Maldives (HRCM) has said.

The commission said in a press statement yesterday (October 22) that it had replied to a letter sent by the Maldives Police Service (MPS) seeking to clarify which laws the police had violated and whether its claims on local media that police stopped the election were based on an investigation.

Police said on their website on Monday (October 21) that claims of the police acting outside their law enforcement mandate were “misleading” and were made “without considering the truth of the matter at all.”

The HRCM said in its reply that an investigation had been launched “immediately” upon learning that police had obstructed the EC on the morning of October 19 – an hour before polls were due to open.

The commission’s staff went to the EC offices, made inquiries and sought information from the EC secretary general as well as police officers.

“It was established with certainty through the commission’s inquiries that [police] stopped the Elections Commission from taking anything out [of its office],” HRCM said.

Announcing the cancellation of the polls on October 19, the EC said in a statement that its staff were told by police officers that “no document relating to the election can leave the commission’s offices”.

As HRCM deputy chair, Ahmed Tholal, was unable to contact the police focal point until 11:45am despite repeated calls. The commission’s letter dismissed as “false” the police’s contention that the HRCM’s condemnation in the media was made “without any consideration [of the facts].”

The HRCM also revealed that Acting Home Minister Ahmed Shafeeu told the commission that police had “acted upon an order given to them”.

Moreover, the HRCM noted that “the police stand” was made clear in a press conference by Chief Superintendent Abdulla Nawaz on the morning of October 19, in which he said that the police decided not to provide cooperation to the EC as it had not followed the 16-point guidelines imposed by the Supreme Court judgment that annulled the September 7 election.

Following the HRCM statement, former President Mohamed Nasheed tweeted today that he believes the prosecutor general should prosecute Commissioner of Police Abdulla Riyaz for blocking the re-scheduled vote.

Appearing before the parliamentary Security Services ‘241’ Committee on Monday, Riyaz had however denied that police had blocked the election, insisting that the MPS only refused to provide security and cooperation.

Constitution and laws

The HRCM statement meanwhile listed the articles of the constitution and relevant laws that the police violated by obstructing the EC.

By blocking the election, the police “deprived all Maldivian citizens of the right to vote stated in article 26 of the constitution”.

Police also prevented the EC from carrying out its constitutionally mandated duties specified in article 170, which states that the powers and responsibilities of the commission include conducting, managing, supervising and facilitating all elections and public referendums, ensuring the proper exercise of the right to vote, and ensuring that “all elections and public referendums are conducted freely and fairly, without intimidation, aggression, undue influence or corruption.”

Consequently, the HRCM contended, “the Maldives Police Service on October 19, 2013 robbed the Elections Commission of its legal status”.

The commission noted that article 237 specifies the responsibilities of the security services as protecting the nation’s sovereignty, maintaining its territorial integrity, defending the constitution and democratic institutions, enforcing law and order, and rendering assistance in emergencies.

The HRCM argued that the proper role of the police on election day should be “acting upon the advice and consultation” of the EC to prevent the possible intimidation or aggression referred to in article 170.

Relevant laws, MoUs, and Supreme Court guidelines

The HRCM further contended that police violated article 7 of the Police Act (Dhivehi) by obstructing the election and “blocking the basic right of citizens to vote” as the law states that police must respect and protect the fundamental rights of citizens in the performance of duties.

Moreover, since article 13 of the police law states that police powers and discretions are derived from and restricted by the constitution, relevant laws and regulations, and court orders, the HRCM stated that on October 19 police acted “outside the bounds of the law and without a court order to stop the election”.

While police claimed that security and cooperation was withdrawn because the EC breached point five of the Supreme Court guidelines, “as point five of the guidelines does not definitively order the Maldives Police Service to do or not do anything, this commission believes that the police violated the aforementioned guidelines.”

As the Elections Act does not authorise any institution “to exert influence or power” over the EC’s work, the HRCM letter stated that police obstructed the EC in violation of the election law and “in a way that undermines the independence of the Elections Commission guaranteed by the constitution.”

The HRCM also noted that police breached the terms of a Memorandum of Understanding signed between the MPS and EC on September 3, which specified the role of the police in assisting the EC with election-related security.

As police were asked to maintain security and provide protection to the EC, the MoU “under no circumstances gave the power to police to obstruct the Elections Commission.”

The HRCM also argued that police contravened the Supreme Court guidelines as the first point ordered the EC and all state institutions to ensure that the first round of the presidential election was held by October 20.

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November 9 elections timeline announced

The Elections Commission (EC) has publicized its work plan for the first round of the presidential election scheduled for November 9.

A window to submit complaints on voter registry information was opened up yesterday (Tuesday, Oct 22). The EC will address complaints today and open up the re-registration process tomorrow and Friday (October 24, 25) for newly eligible voters and voters who will be voting in a location other than their home island.

Voters who re-registered for the cancelled October 19 polls and do not wish to change registration status will not have to submit forms.

Forms are available at the Elections Commission Secretariat, Island Council offices and online.

The EC has said it will continue to follow all elections laws and the guidelines delineated by the Supreme Court for the cancelled vote on October 19.

After re-registration is completed, the EC will receive rejected re-registration forms on Saturday (October 26). On the same day, the names of elections day officials will be sent to candidates for vetting as outlined in the SC guidelines.

The EC will be seeking Maldives National Defense Forces (MNDF) help in addition to police support in dispatching ballot boxes and papers to polling stations. An MOU will be signed between the two organizations on October 27.

Elections observers and monitors will be issued permits on October 29.

On November 1 and 2, a draft of the final voter list will be publicized and the EC will continue to receive any complaints regarding the voter lists.

On November 3, re-registration forms will be sent to the Department of National Registration (DNR) for verification of fingerprints – a key demand by two of the three presidential candidates.

The voter registry will be finalized, printed and sent to presidential candidates on November 4. Candidates will be asked to sign the voter lists on November 5 and 6.

Ballot boxes are to be dispatched on November 8, the election will be held on November 9 and the preliminary results will be announced on the same day.

The official results will be announced on November 12, one day after the current presidential term ends.

This is the EC’s fourth attempt to hold presidential polls. A first round of presidential elections was held on September 7 – no candidate gained 50 percent of the vote, and a second round was scheduled for September 28.

However, third placed candidate Gasim Ibrahim of the Jumhooree Party sought to annul the September 7 results, alleging widespread fraud, despite unanimous praise – international and domestic – of a free and fair election process.

With a verdict pending on the eve of scheduled second round, the EC decided to proceed with polls on September 28, but the Supreme Court in a midnight ruling ordered the EC to delay polls and security forces to halt elections preparations.

On October 7, the Supreme Court annulled the first round and ordered a re-vote by October 20.

The apex court also delineated 16 controversial guidelines on conducting polls which the EC have criticized as restrictions and an infringement on the EC’s independence as the guidelines involve state institutions and presidential candidates in electoral process.

Guidelines include compilation of a new voter registry based on the DNR database, re-registration with new fingerprinted forms. The security forces are required to oversee transport of ballot boxes and papers to polling stations, and candidates are required to vet elections officials at polling stations as well as to sign the voter registry.

Two of the three presidential candidates – the JP and the Progressive Party of the Maldives (PPM) – refused to sign the voter registry on the eve of October 19 elections, after which the police refused to dispatch ballot boxes and papers.

Finally, just one hour before polls were to open, the police forcibly stopped elections officials from leaving EC HQ with any election related document.

After several discussions with the executive and presidential candidates, the EC announced new polls for November 9, and a second round on November 16 if necessary.

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Court did not share Elections Commission security information, says police

Data and technical information provided by the Supreme Court to a police forensic team during the Jumhooree Party’s case against the Elections Commission (EC) could not have been used to access the commission’s web servers, the Maldives Police Service has said.

Police said in a press release yesterday (October 21) that the forensic team offered technical assistance sought by the court to examine the evidence of alleged electoral fraud.

The police team were provided a printed list of the marked voters register and the access logs for the EC’s ballot progress report system (BPRS), which contained the IP addresses of those who had accessed the server, along with date and time.

“This is not information that could be used to penetrate any web site or web server,” police said, adding that the Supreme Court did not share any data from the EC aside from the BPRS logs.

“As sufficient time was not available to analyse the aforementioned logs and because the Elections Commission did not provide technical information concerning the BPRS, this service’s forensic team was unable to conduct a technical analysis,” the press release stated.

The police statement concluded with an appeal to all state institutions to protect and securely maintain “online systems containing information related to Maldivian citizens” while offering assurances that police would provide any assistance requested to ensure protection of such systems.

The police statement follows remarks by EC Chair Fuwad Thowfeek on state broadcaster Television Maldives (TVM) on Saturday night claiming that the commission’s data was being “destroyed” after technical information and logs were submitted to the Supreme Court.

“Previously, access to the system was very restricted to very few people, not just anybody could access it. But now the system is open. Now we are seeing people accessing and changing our database. No one had the opportunity to access the system in the annulled first round of presidential elections. People are destroying our data,” Thowfeek had said.

“So we cannot give the kind of certainty they [political parties] want, NCIT [National Centre for Information Technology] cannot give that kind of assurance now either. Earlier, they said they could not notice any external access in the annulled first round of election. They have not said anything yet [about the revote]. But I am certain, I know that if they check now, they will find there are ways for people to access the database. Because we see changes that should not take place happening to our data.”

Securing the IT system

The NCIT meanwhile said in a press statement on Sunday (October 20) that the centre’s staff have been working with the EC to secure the commission’s database and IT system following the Supreme Court judgment annulling the September 7 election.

In point 16 of the guidelines imposed on the EC by the Supreme Court verdict on October 7, the EC was ordered to reform their IT system in accordance with the “professional opinion” of the NCIT and other relevant state institutions.

Following consultations with the EC on October 8, the NCIT recommended immediate measures concerning “the most sensitive problems”, which the EC promptly implemented, the press release stated.

As interruptions to the EC systems could occur during the process, NCIT officials were allowed to establish a mechanism ensuring security on October 18 after the voter registry was printed – one day before the re-scheduled vote was due to take place.

The NCIT did note, however, that as the mechanism was set up on October 18, the centre was unable ensure external parties did not access the EC server and database before that date.

The NICT press release stressed that it had not sought any usernames or passwords required to access the EC systems and database during the process of securing the servers, adding that this information was not required to implement the recommended security measures.

“Therefore, if anyone apart from those authorised by Elections [Commission] accessed the system and database, it has to be further investigated,” the NCIT stated.

Following Thowfeek’s remarks on TVM, the press release stated, the NCIT had asked the EC to share relevant information concerning the alleged security breach, but was yet to receive a response.

Anonymous

The police press statement meanwhile revealed that on August 14 it was alerted to information from the Department of National Registration’s (DNR’s) ID card database, along with the names of registered political party members, being published on a website (http://maldives.annonymous.lv).

Police discovered that the information was taken from an EC web server (p.elections.gov.mv) as the server’s home page was hacked, the press release explained.

However, when the security breach was brought to the attention of the EC, police said that the commission allegedly denied the incident took place and refused to provide cooperation to the police investigation.

The site was blocked by the Communication Authority of Maldives (CAM) on August 20 upon request by the police, after which it was taken down with foreign assistance, police revealed.

Moreover, police found out that an automatic virus was downloaded to computers of persons visiting the page on the EC’s website that detailed the number of registered members of political parties.

Following the discovery, police met with EC Chair Thowfeek and other officials on August 19 to discuss the security issues and to share the findings.

“At the meeting, the commission’s technical staff said the Elections Commission’s web servers were constantly attacked and that they were blocking the IP addresses of the attackers,” police said.

While the EC was requested to provide the noted IP addresses, the police statement said that the information has yet to be sent.

Speaking at a press conference last night (October 21), Thowfeek said that NCIT officials were working ceaselessly with the EC IT staff but had not yet completed a full report on the security issues.

The NCIT has offered assurances that the EC servers and database would be secured before preparations were underway for the presidential election scheduled for November 9, Thowfeek said.

“We are proceeding with the assurance of the technical staff,” he said.

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Court grants opportunity to appoint lawyers in murder of 16-year old

The Criminal Court has given the four persons charged with the murder of 16 year-old Mohamed Arham the opportunity to appoint defence lawyers after the judge decided that their current legal representative was not cooperating with the court.

According to local media present at today’s hearing the judge told the court has been facing difficulties when conducting the trial of the case because of their defence lawyer.

Arham’s body was found in May 2012 with stab wounds in his neck, back and chest with blood all over his body, the surrounding ground, and on the walls of the park.

Deputy Head of Police Serious and Organised Crime, Dhaudh Mohamed, said shortly after the attack that Arham had been killed in a revenge attack after an argument between two gangs.

Dhaudh said that the police investigation had  found out that Arham had a close relationship with the gang, who were based in the park in which he was found dead. The victim had no previous criminal record, although he used to visit the park frequently.

The four suspects charged in the case were previously identified by the court and police as Mohamed Sufyan of Gahdhoo in Gaafu Dhaalu Atoll, Mohamed Visaam of Maavah in Laamu Atoll, Mansoor Yousuf of the same island, and Athif Rasheed of Mahchangolhi Scenery View.

During today’s hearing the judge asked each of them individually if they wanted to appoint a lawyer. Defendant Athif said that he would like the state to appoint him a lawyer if his family was unable to do so.

Sufyan also said that he had been trying to appoint a lawyer but had been facing difficulties due the charge being one of murder

Visam told the court that his family had not responded to his phone calls and he would like the state to appoint a lawyer for him.

Mansoor said that his family has asked him to appoint a lawyer and he would also like to request the state to appoint a lawyer for him.

The local media reported that the judge had announced the next hearing of the case was scheduled for October 31,and that those who requested the state to appoint lawyers for them would be granted the opportunity on that day.

On March 30, patrolling police officers discovered Arham, of Noree house in Haa Alif Atoll Hoarafushil, inside the park behind Kulliyathul Dhirasathul Islamiyya (Islamic College).

The victim’s friends insisted that the assailants attacked him while he was sleeping inside the park that night.

On November 1, Sun Online reported that the Prosecutor General’s Office lawyers had told the judge that on May 30 between 1:00am and 6:00am Athif, Visam and Mansoor had gone to the park on motorbikes with some other people.

The lawyer told the judge that Visam, Sufyan and Mansoor had entered the park and assaulted Arham before leaving with Athif and some other people.

Arham was studying in grade nine at Dharumavantha School when he was killed.

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Presidential polls set for November 9

The Elections Commission (EC) has set the first round of presidential elections for November 9, after the police forcibly brought a Supreme Court-ordered revote to a halt on October 19.

“We have decided to hold the first round of presidential elections on November 9, and if necessary, a second round on November 16,” Elections Commission President Fuwad Thowfeek said.

The Supreme Court annulled the first round of presidential polls held on September citing electoral fraud despite unanimous domestic and international praise over a free and fair vote. The apex court delineated 16 guidelines to hold a revote by October 20.

According to the guidelines, the EC must obtain signatures from all candidates on the voter registry. However, the Progressive Party of the Maldives (PPM) and Jumhooree Party (JP) refused to approve the lists and police stopped the election an hour before polling was to begin. The move has prompted widespread international concern and Maldivian Democratic Party (MDP) protests.

Thowfeek said the EC had held meetings with the President, the cabinet and political parties on the earliest possible date for a new election.

“We have said, when we get to a certain point, when a certain party doesn’t do what they must do, it should not affect the entire election. If that is the case, we will never be able to hold an election,” Thowfeek said.

“They assured us they will not allow for these kind of obstructions in the upcoming election. Ministers have given us commitment that they will find a solution and facilitate this. That is why we have started work again. If the same thing happened as before, this is not something we must do. We are starting work again because we are confident there will be an election. I am certain we will succeed this time,” he added.

During the various meetings, the government had said it would provide facilities to verify fingerprints re-registration forms – one of JP and PPM’s conditions for approving the voter registry. The EC has said the commission does not have the capacity to do so.

The EC will continue to follow the Supreme Court’s guidelines, but will seek to change them in the future, Thowfeek said. In a previous interview on Television Maldives (TVM), he described the guidelines as “restrictions.”

“I hope the government considers these restrictions in the future and finds a solution. Otherwise, holding elections will become impossible and that affects the most fundamental [right] in a democracy.”

After technical information regarding the EC’s database was shared with the Supreme Court during the vote annulment hearing, Thowfeek said the EC’s server had been compromised with external actors accessing the database and changing data. However, he believes the security glitches will be fixed before the upcoming election.

“We are working with the NCIT [National Center for Information Technology]. They have not given us a report yet. They are working non-stop. We are certain when the election comes, we will be able to block everyone out of our system and they will no longer have access to our data. We are proceeding with the assurance given to us by technical people,” Thowfeek said.

The EC said within the next three weeks, it would allow registration for new eligible voters, and re-registration for voters who will be voting in a different location other than their home island. However, voters who re-registered for October 19 will not need to submit re-registration forms again.

President Dr Mohamed Waheed Hassan has said he does not wish to stay on as President even one day beyond the end of the presidential term on November 11. If no candidate wins over 50 percent in the first round of polls and a second round needs to be held, interim arrangements will have to be made. The Supreme Court has previously said Waheed’s government would continue until a new president is elected.

The JP and PPM have pledged their support to Waheed staying on, but former President and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called for Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

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“I do not want to stay in this position even a day beyond November 11”: President Waheed

President Dr Mohamed Waheed Hassan has said he does not want to stay on as President when his term expires on November 11, as uncertainty continues to hang over the possibility of holding an election after police forcibly stopped Saturday’s polls.

“It is not in the best interest of this country if there is no elected president when the current presidential term ends on November 10. I do not want to stay in this position even a day beyond November 11,” Waheed told the press today.

The Supreme Court verdict, which annulled the first round of election held on September 7, also said Waheed’s government should continue past November 11 if there is no president elect. The Jumhooree Party (JP) and Progressive Party of the Maldives (PPM) have pledged their support to Waheed staying on, but former President and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called for Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

Waheed was Nasheed’s former deputy and took over power in February 2012 after Nasheed resigned following a police and military mutiny.

The Supreme Court and People’s Majlis must also be involved in deciding an interim arrangement, Waheed said and added that he does not know what to do should the country fail to elect a president.

“It is not me who will decide on an arrangement post November 11. It is not me who will decide that right? There are others who should shoulder the responsibility. I believe the Supreme Court and the People’s Majlis need to think about this,” he said.

The best way forward was to hold first round on November 2 and if necessary hold a second round on November 9, Waheed said. He has called on the Elections Commission and all presidential candidates to continue talks and come to an agreement on dates and solve the disputes over the voter registry.

Holding an election is not the government’s responsibility, but that of the EC, he repeatedly said. However, the government would not support an election in which majority of presidential candidates refused to contest.

Speaking of the police’s halt of Saturday’s election, Waheed said: “The government’s position was that the government could not support an election that all candidates could not participate in, in violation of the Supreme Court guidelines, an election only one candidate was to participate in. So police told the Elections Commission in writing that they would not support an election in violation of Supreme Court guidelines. Stopping support and stopping an election are very different.”

An hour before polls were to open on Saturday, police surrounded the Elections Commission and forcibly prevented it from proceeding with the scheduled election, stating that they would not facilitate an election in which all three presidential candidates refuse to sign the voter registry. Police had previously obstructed run-off elections due to be held on September 28.

EC President Fuwad Thowfeek has condemned police’s obstruction of elections and said the elections process must not be subject to the whim of candidates. Further, failure of PPM and JP to do what they must do does not mean citizen should be deprived of their right to vote, Thowfeek said.

However, Waheed said elections must only proceed on procedures agreed to by all candidates. At present the elections crisis was not a legal matter, but a political matter and hence must be solved through dialogue.

“I believe not everything can be solved legally. This is a political matter. So politicians must speak to each other, give in when they need to, and come to an agreement. When a date is fixed, [an election] can only succeed when all candidates agree and facilitate the process.

“I will say again, it is not in the interest of the Maldives to hold an election in which only one candidate can contest. The entire international community in the past year and half pressured me not to hold an election that President Nasheed cannot contest. Many parties tried to take action against President Nasheed. I am happy today that President Nasheed can contest. Similarly, President Nasheed has to be happy that other candidates can take part. President Nasheed should not take part in an election that other candidates cannot contest in. If he does so, we should question his moral principles,” he said.

“An election by force cannot be held in the Maldives. An election by force will only cause bloodshed. I will not allow that. To anyone. No matter what the international community says, and no matter what political parties say, my utmost responsibility today is Maldivian citizen’s security. So I will not allow that,” he added.

The United Nations, the Commonwealth, the European Union and several foreign governments including the United States, the United Kingdom and India have urged elections to be expedited.

Waheed said although he accepted advice from foreign organizations, it would be him who made the final decision.

“People of our country are not any less capable or less educated than those in other countries, even the Western countries. They cannot come and tell us what to do. We have lived in difficult places. More difficult places than that in which people who are coming to give lessons have lived in. I have lived. I know. The dangers and opportunities in the Maldives. We do things with the advice of others. The Commonwealth’s advice and other governments. But I will make the last decision. People will slander [me]. A lot of foul things have been said about me. There is none worse than me in the international media. But today, I must not consider what people are saying. I have to consider the country’s interests. To carry the country forward without any bloodshed.”

Waheed has appointed Defense Minister Mohamed Nazim as a mediator between political parties to solve the voter registry dispute, but said an agreement had not yet been found despite several attempts.

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Police ask HRCM to substantiate claims of malpractice regarding role in delayed vote

The Maldives Police Service has requested that the Human Rights Commission of Maldives (HRCM) substantiate its claims that police exceeded their mandate during the delaying of the presidential election on October 19.

The scheduled poll failed to go ahead after police informed the Elections Commission that it would not support the election. The commission reported that police officers had informed them no document related to the election could leave their offices.

Maldives ‘police life’ website reported that the statement claims “actions of the Police on the 19th of October were based on the Constitution of the Republic of Maldives and the Supreme Court verdict, SC-C/42/2013, along with ensuring the rights of every individual who can vote”.

“The document goes on to state that the Maldives Police Service had prepared in advance for the election on the 19th with Officers being sent to the atolls on the 18th, being sent abroad as per the instructions of the Elections Commission and with separate Officers being sent with the voting list and vote slips being transported by air,” read the police website.

On the day scheduled for the vote. the HRCM released a statement arguing that the police service had “acted outside of their mandate in obstructing elections.”

“Point one of the Supreme Court’s 16 point guideline orders all institutions to provide cooperation to hold an election before October 20th. And yet, today Police had obstructed EC and brought the election to a halt. Even if there are concerns, the Elections Commission is the authority mandated by the Constitution of Maldives to stop an election if there is a need for it,” the HRCM continued.

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