MDP MP Ilyas Labeeb appeals to police to refuse “unconstitutional” orders, as protests continue

MDP member of parliament and parliamentary whip Ilyas Labeeb appealed to police to protect the constitution, refuse to follow unconstitutional orders, and to learn from the action of the senior MNDF officers who recently sent a “letter of concern” to Chief of Defence Force about the matter.

Ilyas Labeeb delivered his speech from the campaign truck kept on Fareedhee Magu in the middle of the crowd, facing the police standing behind barricades.

Just as Labeeb began addressing the crowd, police lit up floodlights to spotlight the MP.

“Shining that light in our faces, or implying we are marked for arrest, does not intimidate me. Violently taking MP Ali Azim into your custody does not intimidate me. Even if you come and take me away now, that still won’t scare me. I will come back here and speak out as soon as I am freed again. We are asking for elections, for our constitutional right,” Labeeb said.

“Aren’t you ashamed to be bowing down to unconstitutional orders? Nineteen MNDF officers have sent a letter against the following of constitutional orders, against the politicisation of the security forces. The MNDF is more senior than the police force. Listen to them, learn from them. Give it up now. Your stand on February 7 was that you were demonstrating against unconstitutional orders. What are you doing today?”

“We are standing up for the constitutional rights we are entitled to, for our sake, for the sake of our families, yes, but equally for the future of you and your families. Start protecting the constitution, police, that is in the best interests of the nation.”

Ilyas Labeeb ended his speech by leading the crowd in chanting “Where’s my vote? You stole my vote”, “Election now” and “Forward, forward, swiftly forward”.

By this time, just over a dozen regular police officers formed a line of obstruction behind the barricades, facing the protesters.

Labeeb moved to the frontline of the protest and appealed to the police again, this time speaking directly to them without the aid of a microphone or making it a public speech.

“You boys must think deeply. Why are you following unconstitutional orders? Neither the Police Act nor the Constitution mandates you to do so, in fact it is clearly stated that you must not follow an unconstitutional order,” he said.

“Don’t you realise what they are doing? They send you out here against hundreds and thousands of citizens, you come with your name tags and in simple regular uniform, and you face scorn from the people. Yet it isn’t you, but the Special Operations who hide behind their masks and helmets who run into crowds and brutalise citizens. They are using you young boys as a shield to hide behind. You don’t have to be slaves to the SO officers or the Commissioner of Police,” Labeeb continued.

“Look at [Commissioner of Police] Abdulla Riyaz. He’s hiding in his rooms after sending you all here. He has secured an apartment abroad, planning to run away as soon as the government changes. All the leading people who were part of the coup have. They won’t think of you then. What will happen to you boys if you continue following unconstitutional orders?”

“Remember all that talk about housing flats for the police? Do you know who took the first flat? Abdulla Riyaz. It was meant for regular officers like you, but he took one for himself first. Is this how you want things to be? Are you still going to stay back quietly and let things proceed like this?”

“I know that as you are all listening to this speech of mine now, your seniors will take you in for a chat later tonight. But they are not the ones you should be believing, nor should you believe me. Instead, read for yourselves what is in the Police Act and the constitution. If you need assistance, we can arrange lawyers for you; not lawyers affiliated with MDP but other experienced lawyers.”

“Regardless of how long it takes to get back our right to vote, we will continue demanding it. And when the elections are on, we will beat them with votes. We will win the elections.”

MP went back into the crowds after concluding his monologue to the line of officers.

Monday – the fourth consecutive day of protests – saw protesters grow from a few hundred to just over a thousand by around 10:00pm.

Crowds later thinned out once the SO officers came to the area after protesters moved, and later hid the police barricades at the protest site.

Minivan News observed teams of SO officers run into the crowds twice and make two arrests – one of whom was a man who had previously crossed the police line set out by the regular police officers, referred to as ‘Blues’.

The SO later drove six times to and fro through the protest area in one of their trucks after crowds had thinned out, locating a barricade hidden in a construction site on Fareedhee Magu and sending regular officers to retrieve it.

“Targeting MDP MPs as an intimidation tactic”: MP Alhan Fahmy

Meanwhile, police have been arresting and summoning MDP parliamentary group members in relation to various cases in the past few days after the party started direct action asking for immediate elections.

MP Alhan Fahmy, who was summoned to police headquarters for questioning at 2:00pm on Tuesday described the events as “intimidation tactics being used by the police. They [the government] are using multiple state institutions in their actions of undermining the constitution and its powers”.

Fahmy said that the police had accused him of threatening Supreme Court judges and their families at a protest held on September 26.

“I told them I have done no such thing, that I never called for attacks or threatened any of these judges they speak of or their families. That all I said at the rally was my perspective on the current judges sitting on the SC bench. I told them that I had spoken of a video clip showing indecent behaviour that police has said Ali Hameed has been seen in, and that if so I believe Ali Hameed should no longer be sitting on the bench,” Fahmy told Minivan News today.

MDP International Spokesperson and MP Hamid Abdul Ghafoor was also taken into police custody on Monday afternoon, allegedly for not accepting court summons. He has been transferred to house arrest today after the first hearing of the case.

Ghafoor’s lawyer, Fareesha Abdulla O’Shea, however claims that due process was not followed when delivering the court summons.

She said that the case is being presided over by Criminal Court Chief Judge Abdulla Mohamed.

“The case is about Hamid’s refusal to give a urine sample and he is being charged under section 123 of the Drug Act. I advised not to enter a plea as we haven’t received any of the related documents or information from the court yet,” O’Shea said.

“Today, after the hearing, Hamid was issued another summons relating to charges levied for possession of alcohol,” she stated.

MP Ali Azim was arrested from the protests on Sunday night, with SO officers pulling him off the campaign truck, throwing him onto the ground and dragging him away into custody. He was brought to a court hearing on Monday, where the courts added a seven day extension to his detention on account of him being “a threat to national security”.

Azim attended a meeting of the Parliament’s Privileges Committee after his hearing yesterday, where he alleged that he had been ill-treated even after arrest.

“The SO officer on my right side tried very hard to break my finger, I have photos to prove this. Upon being pushed into the van, one of the officers grabbed hold of my groin area very hard,” Azim told the committee.

“They also asked me to provide a urine sample, but I didn’t because my lawyer advised me against it as the charges levied against me did not allow police to make such a request. I was also handcuffed on the trip from Dhoonidhoo to the court in Male’, and on the way to this parliamentary meeting,” he added.

DRP MP ‘Colonel’ Mohamed Nasheed was also arrested at protests and later released, while MP Ibrahim Rasheed is being investigated for allegedly assaulting police.

MP Eva Abdulla has also been arrested at protests on Tuesday.

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MDP Spokesperson charged for refusing to give urine sample to police

The Prosecutor General’s Office (PGO) has charged Maldivian Democratic Party (MDP) Spokesperson MP Hamid Abdul Ghafoor for refusing to give a urine sample to police in a case last year in which a group of MDP politicians were arrested on an uninhabited island and charged with alcohol and drug possession.

The PGO’s lawyers told the Criminal Court that Ghafoor was arrested on November 16 last year in connection with a drugs case, and said he had refused to give a urine sample and had therefore violated the Drug Act.

Ghafoor’s lawyer told the court that she could only respond to the charges on behalf of her client after receiving the relevant documents. The presiding judge, Chief Judge of the Criminal Court Abdulla Mohamed, told her these would be provided and scheduled the next hearing for October 9.

Ghafoor was arrested yesterday (September 30) in the afternoon ahead of his court hearing. He was released following the hearing.

Ghafoor is also accused in another case before the court concerning possession and consumption of alcohol and cannabis.

A total of 10 people were taken into police custody on 16 November 2012 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

On 22 August 2013, criminal court media official Ahmed Mohamed Manik confirmed the PG had charged MDP MP Abdulla Jabir, Ghafoor, and Jadhulla Jameel with smuggling alcohol into the country and consuming it, as well as possession of cannabis and objecting to urine testing.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take urine tests, said Manik.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk, as well as a Bangladeshi named Suhail Rana, were also taken into custody following the island raid. Their cases have not been filed at the Prosecutor General’s (PG) Office.

According to the Drug Act, Sections 123(a), 161(a), and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable by a one year jail sentence.

Additionally, the son of Nasheed’s former special envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and a fine of up to MVR 10 million (US$650,000).

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Customs seize 104 bullet sized packets containing illegal drugs

The customs had seized 104 packets containing suspected illegal drugs from the airport.

According to local media, the drugs were stored inside the body of a man who arrived to Maldives from Trivandrum, India.

The media reported that the man was taken to Indira Gandi Memorial Hospital (IGMH) to take the drugs out of his body.

The drugs were handed to police, who have been looking for one more person involved in the case, local media reported.

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Civil Court orders police to reinstate Chief Superintendent Mohamed ‘MC’ Hameed

The Civil Court has ordered the police to reinstate former Chief Superintendent Mohamed ‘MC’ Hameed – one time head of police intelligence – who was dismissed by the institution’s Disciplinary Committee in August 2012.

The court ruling issued today on Hameed’s case declared that he was to be reinstated within 15 days of the order.  He is also to be given back payment of his salary within 30 days.

Hameed today told Minivan News that he understood the court order had called for his reinstatement to a rank equal to that which he held at the time of his dismissal.

The Police Disciplinary Board decided to relieve Hameed and Superintendent Ibrahim Adhnan of duty and to demote Superintendent ‘Lady’ Ibrahim Manik to Chief Inspector of Police, and to remove the disciplinary badge on his uniform.

Newspaper Haveeru at the time claimed that the decision was made by the Disciplinary Board on allegations that the three officers had “worked for the political benefit of a certain party” using their police roles.

Hameed, Adhnan and ‘Lady’ Ibrahim Manik were among only a few police senior officers who did not join the events of February 7, which saw mutinying police officers hand out riot gear to opposition demonstrators and launch an all-out assault on the main military headquarters. The state broadcaster was also stormed during the time of the contraversial transfer of power.

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MP Ali Azim arrested on third consecutive night of MDP protests

Maldivian Democratic Party (MDP) supporters protested for the third consecutive day on Sunday (September 29), resulting in confrontations between the police and protesters with multiple arrests – including that of party parliament members.

Protests began at around 2:00pm near the FDI Station on Fareedhee Magu – the closest protesters can go to the Supreme Court building, as the area remains cordoned off by police and military forces.

Crowds grew and thinned alternatively throughout a period of 12 hours, with the main confrontations occurring after 10:00pm.

Minivan News observed that earlier in the night the MNDF was in charge of security operations in the area. About 400 protesters, while playing campaign songs and chanting slogans – “Forward, forward, swiftly forward”, “Give us our right to vote”, “We don’t want to selectively follow parts of the constitution” – were peaceful.

Police, including Special Operations (SO) officers, took over security operations later in the night, around which time the atmosphere became more heated.

Leading the protest were MDP Vice Presidential Candidate Dr Mustafa Lutfi, MP Ali Azim, former foreign minister Ahmed Naseem, and former Attorney General Dhiyana Saeed.

MDP MP Ali Azim was addressing the protesters from a campaign truck close to the police barricades when SO officers took him under arrest. A video on social media shows SO officers run up to the parliament member, pull him off the truck and onto the ground before dragging him away through the crowd and past the line of barricades.

Eye witnesses say that police kicked him and hit him with batons prior to dragging him to their vehicle.

The MDP has today released a press statement saying that the party “harshly condemns the brutal arrest of Ali Azim”.

“This is an act to intimidate the people and a violation of freedoms provided in the constitution.”

Protesters threw stones and empty plastic bottles over the barricades into the police lines, while police used batons, pepper spray and a substance with a strong chemical smell which caused wheezing and difficulty in breathing.

“I don’t know what this is, but having felt the pain of being pepper-sprayed and teargassed, I can tell you this is a different substance. An irritant of some sort. It smarts so very bad and feels like I have sand in my eyes. My skin feels like it is peeling away and burned,” said a 34 year-old male protester affected by the substance during last night’s protests.

“Do I deserve this in return for asking for justice? For demanding an elected government?” he asked, while pouring Coca Cola over his face in an attempt to regain sight and take away some of the pain.

According to police media a total of eight arrests were made last night. Police denied that any substance or chemical besides pepper spray was used to control the protests.

“Nothing except pepper spray. No new chemicals were used,” the spokesperson stated.

Minivan News observed at least 13 male protesters being taken into police custody after snatch teams of SO officers went into crowds and chased them.

Many of the protesters were frisked in the presence of media behind police lines prior to being taken into the police vehicles – a practice which has not previously been observed at the protests following the February 7 controversial transfer of power.

After consecutive and frequent SO officer charges into the crowd, protesters thinned out around 1.45am, leaving a few dozen people standing by in small crowds, defiantly chanting “justice now”. Police left the area at approximately 2:00am when protests died down for the night.

The MDP has said that it will continue the protests and has called on the Human Rights Commission of Maldives (HRCM) and the prosecutor general to investigate the arrests of the DRP MP and other protesters.

MP Ali Azim was brought to court at 2.30pm this afternoon and his detention has been extended for seven days.

Meanwhile, police have said they are investigating four MDP MPs for contempt of court and threatening police, judges and their families. These are Feydhoo MP Alhan Fahmy, Malé MPs Imthiyaz Fahmy, Mohamed Rasheed (Bonda) and Reeko Moosa Manik.

Furthermore police arrested Malé MP Hamid Abdul Gafoor today to ensure his presence at a Criminal Court trial tomorrow on alleged possession of alcohol.

MDP MP Ali Waheed’s car was vandalised in the evening, and a motorcycle and car were torched at 3:00 am. The police also said wife of a policeman was hit by a motorcycle at noon. She is eight months pregnant.

MP Ali Azim arrested during Sunday night’s protests

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Man arrested for molesting 17 year old girl

Police yesterday (28 September) arrested a man from the island of Manadhoo in Noonu Atoll on charges of molesting a 17 year-old girl in the island.

Police said that the man, 39 years old, said that he was arrested after an arrest warrant was obtained while the man was on the island.

According to police, Lhohi Magistrate Court in Noonu Atoll have extended the man’s detention period to 15 days for the investigation of the case.

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Police officer attacked by a group in Male

Police have said that an officer was attacked last night at about 12:15am by a group of people.

According to police, the group attacked the officer while he was on duty walking near FDI photo studio on Fareedhee Magu.

Police said the officer was injured and his phone was also damaged in the incident.

The police are now looking for suspects involved in the case.

Local media also reported an officer being struck by a motorcyclist on Lonuziyaarai Magu.

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Six protesters released on condition they don’t participate in protests for two months

The Criminal Court has released six persons arrested during the Maldivian Democratic Party (MDP) protest calling for presidential elections, on condition that they do not participate in protests for two months.

A police spokesperson today told Minivan News that, as of this morning nine protesters were in police custody.

”The court extended two person’s detention period to 15 days,” he said, adding that they were arrested on charges of objection to order and obstructing police duty.

In a statement issued last night (28 September) police said that a total 15 persons have been arrested following unrest in Male’ since September 23.

Police said three were arrested without any conditions, and that the court had extended the detention period of six persons.

Police Spokesperson said that last night seven others were arrested in addition to the 15 persons mention in the statement issued.

”15 is the total amount of persons that were arrested,” he said. ”Some of them have also been released without being taken to the court.”

MDP protesters took to the streets following an injunction issued by the Supreme Court regarding a case filed at the court by Jumhooree Party- led by unsuccessful first round candidate Gasim Ibrahim – to annul the poll on allegations that there had been major issues with the voter registration, and that the Elections Commission had changed votes.

After the Supreme Court issued the injunction, pro-MDP supporters have been protesting everyday near the Supreme Court and other areas of Male’.

MDP has also questioned the legitimacy of decisions made by the Supreme Court as certain judges on the bench have been accused of misdeeds, most notably Justice Ali Hameed who remaind subject to an ongoing investigations into leaked video tapes appearing to depict him engaging in sexual relations with foreign women.

Pairs of large white underpants – similar to those worn by the figure in the sex video – have become a common theme in the last week’s protests.

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Comment: The audacity of dictatorship

This article first appeared on Dhivehi Sitee. Republished with permission.

There’s a sense of foreboding in the air as Male’ waits for the Elections Commission’s decision on whether they are going to defy the Supreme Court’s unconstitutional ruling to indefinitely delay the election scheduled for tomorrow.

Yesterday, Fuwad Thowfeek, the president of the Elections Commission was adamant that he will hold the second round tomorrow as scheduled, despite the Supreme Court injunction. This gave immense hope to Maldivians committed to the restoration of democracy, and several gathered at Raalhugandu for a final MDP rally ahead of voting on Saturday. The mood at the rally was slightly less cheerful than the usual MDP dos with several talkers highlighting the need to vote “come what may.”

Mohamed Nasheed, ever the optimist and the tireless activist-leader who lifts everyone’s spirits, sought to reassure supporters that voting would go ahead. Yet, he spoke of the need for everyone from nurses and teachers to boy scouts and girl guides to watch the vote boxes, to be mindful of the  ballot papers, leaving it unsaid that if the Elections Commission makes the brave decision to go ahead with the election, it would be without the support of crucial state institutions.

Despite it being close to midnight, the Supreme Court responded with an order to the security forces to act against anyone who defied its indefinite injunction against the second round. Within minutes, pro-democracy news channel Raajje TV was reporting that the Elections Commission had backtracked on their earlier defiance, saying they had halted all preparations for the election. This turned out to be untrue, too.

The disinformation may be a deliberate ploy to confuse and to dishearten the electorate. But it is not succeeding. Supporters of democracy are getting ready for MDP’s last campaign activity scheduled for this afternoon — a parade around Male’, much like the one on 6 September ahead of the first round. No doubt it will draw a massive crowd. Tens of thousands of voters are upset by the shenanigans of the Supreme Court, and are ready to come out on the streets to express their displeasure.

One judge, in particular, has become the focus of everyone’s ire and the subject of national ridicule. Judge Ali Hameed—now internationally famous for having sex with three prostitutes in a Sri Lankan hotel after a lengthy video of his ‘adventure’, which lasted over a long weekend was leaked on the Interne— is one of seven judges adjudicating on Jumhooree Party’s application to have the election delayed.

Yesterday, as Hameed sat inside the plush courtroom in Gayoom’s former palace clad in the full ‘Supreme Court Justice’ regalia, outside hundreds of people gathered with large white briefs, representative of the Y-fronts he was seen wearing (on and off) during the sex tape. That he is still not just sitting on the bench, but also signing court orders that violate the constitution and potentially rob over 200,000 people of their chance to vote has made a mockery of the Maldivian Constitution in more ways than one.

Police controlling protesters outside the Supreme Court yesterday. Photo: Aznym:

Police controlling protesters outside the Supreme Court yesterday. Photo: Aznym

The gist of yesterday’s arguments during the ongoing hearing has added to the frustration and anger. Three judges—Ali Hameed, Abdulla Saeed and Abdulla Mohamed—continuously interrupted all arguments by Elections Commission lawyer to defend the institution. When he attempted to point out that their ruling was in violation of the Constitution, one of the three judges responded by saying, “We have the power to change the Constitution.”

When EC lawyer argued that delaying the elections would leave the country in a legal black hole, one of them responded: “No it won’t. If the Constitution is not in force, Shari’a will be activated by default.”

This would, no doubt, be good news for the radical religious ‘scholars’, but it adds to the sense of foreboding in the air today.

Immediately after Commissioner Thowfeek’s announcement that he will hold the election regardless of the Supreme Court ruling, all Commission staff began receiving death threats in the form of text messages sent to their mobile phones. The message, posted on social media by various members of the staff reads [translation]:

If you take Fuad Thowfeek’s side and join him in his violation of the Constitution in defiance of the Supreme Court and continue with voting activities, you will be killed. Allah Akbar.

Added to this is the court order to the security forces to act against anyone who defies their ruling to delay the election.

Does this only apply to Elections Commission, or to all those who turn out to vote tomorrow? Are the security forces to crackdown on all voters? Does the court order amount to an all-clear for a full-fledged military takeover? If so, is the entire military willing to participate, or is the institution too divided? Reports of divisions within the military have been rife since the coup of 7 February 2012.

High ranking officials within the forces have confirmed  to Dhivehi Sitee that a significant section of the military will not support a military takeover, a coup within a coup. MDP is aware of this, and have called on supporters to appeal to those personnel for protection.

Nasheed made a similar appeal on Thursday night, heavily criticising the Generals who facilitated the 7 February coup, and calling [by name] on other Generals to cease their inaction and stand up in support of democracy. A lot of bad can happen when good men do nothing, he warned.

As time  for the election draws near, people are expressing their anxiety in different ways. At noon today, in the heat of the blazing sun, Male’s surfing community and other participants made beautiful coral sculptures on the eastern seawall. The various shaped corals stacked precariously on top of each other, they said, represents the current state of the country—finely balanced on the edge of a precipice. One unthinking, or deliberate, act will bring it all crumbling down.

But today’s parade will also show the determination of a majority of Maldivians to protect the fragile Maldivian democracy. A showdown between the audacity of dictatorship and the hope of democracy is imminent. The world is watching, and hopefully, rooting for the Maldivian people.

Dr Azra Naseem has a PhD in International Relations

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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