Tag: ppm

GMR remains “politically neutral” as stock price shows short-term wobble amid political upheaval

The stock price of the Indian infrastructure giant operating Ibrahim Nasir International Airport (INIA) took a tumble on the Mumbai Stock Exchange following the ousting of former president Mohamed Nasheed last week, as images of the unfolding violence were beamed around the world.

GMR has made a US$511 million investment in the Maldives’ international airport. The price of shares in GMR Infrastructure, which was contracted to develop INIA by the previous government, dropped by almost five percent on February 7 following news that fierce clashes between security forces on the streets of capital Male’ had led to Nasheed’s resignation.

GMR’s share prices quickly recovered over the following few days, as Vice President Dr Mohamed Waheed Hassan Manik was sworn in, and rain tempered public demonstrations which on Wednesday turned violent after police attacked a march by members of Nasheed’s Maldivian Democratic Party (MDP).

Speaking on February 11 about foreign investments in the Maldives, Dr Waheed said that foreign investors should not be concerned about the political upheaval affecting their interests in the Maldives, but hinted that some investments may come under scrutiny.

“We will not target anybody for political reasons,” he said.

“If there are any reasons for concern over investment, of course any steps that need to be taken will be taken.”

Speaking specifically about the contract with GMR, Dr Waheed said he would not approach the deal “from a political perspective”, adding, “It is not our intention to harm GMR. Our objective will be to resolve concerns of the public [regarding the company].”

GMR’s stock price continues to teeter this week.

“Short term fluctuations”

Speaking to Minivan News, one of India’s leading political economists Paranjoy Guha Thakurta observed that the political situation in the Maldives has affected GMR to a certain degree but pointed out that “GMR is also politically influenced in the Indian state of Andhra Pradesh.”

Thakurta said that the fluctuations in GMR’s stock prices should be seen in a wider context.

“These are short term fluctuations,” he said: “By and large, the markets of the world have been in limbo for some time. India’s stock market has been politically prone in the past year. I wouldn’t read too much into it,” he said.

The multi-million dollar deal to operate and dramatically expand the Maldives’ international air hub has been the target of controversy from the political opposition, much of it flowing from the Dhivehi Qaumee Party (DQP), a member of which – Dr Mohamed Jameel – is now the country’s Home Minister.

Nasheed’s government offered GMR, in partnership with Malaysia Airports Holdings Berhad (MAHB), the 25-year contract in June 2010. Since that time, various opposition parties including Dhivehi Rayyithunge Party (DRP), Dhivehi Qaumee Party (DQP), Jumhooree Party (JP), and the People’s Alliance (PA) have questioned the contract’s legality while former airport employees have protested against what they have claimed is a foreign take-over of their business domain.

Opposition parties have accused MDP cabinet members of having “vested interests” in the deal. In late 2011 the DQP took their objections to press and produced a 24-page book claiming the deal would “enslave the nation”, while former DRP leader and current deputy leader of the Progressive Party of the Maldives (PPM) Umar Naseer said last year that his party would re-nationalise the airport if it came to power.

While Dr Waheed is not a member of PPM or DRP, Naseer’s recent actions indicate shared interests. On January 31, a delegation of the December 23 Coalition, including Naseer, declared its allegiance to Dr Waheed amidst protests against Nasheed’s government and called for all military and police forces to back Dr Waheed. Naseer also recently informed the public that he was instrumental in the events and discussions leading up to Nasheed’s resignation.

Speaking to press last week, Nasheed said he had been aware that his vice president was meeting with opposition leaders at his home.

Naseer also told Minivan News in June 2010 that “If [GMR] allowed it, an Israeli flight can come and stop over after bombing Arab countries”.

Nasheed’s government was criticised last year for entertaining a deal with Israeli airline El Al. Following demonstrations in defense of Islam on December 23, in which opposition party and religious NGO leaders spoke against relations with Israel, the National Security Committee advised against the deal.

Past events have shown that GMR is sensitive to political fluctuations in the Maldives. GMR’s price on the stock market saw a 7 percent fall in December, when the Civil Court blocked GMR from deducting an Airport Development Charge of US$25 (Rf385.5) from passengers departing on international flights, according to India’s Economic Times.

Thakurta said, “If they re-open the contract, it wouldn’t hurt them [GMR]. GMR is really big, they’re the company behind Delhi’s new airport, which is India’s biggest airport.

“As in the case of what happened in Mauritius, GMR has had some issues over the charging of airport development fees for passengers, and the same story is being replicated in the Maldives,” he concluded.

GMR unphased

Declining to comment on the stock market fluctuations, GMR CEO of Maldives operations Andrew Harrison said GMR expects the existing INIA deal to be upheld, despite the change of administration in the Maldives.

Speaking to Minivan News, Harrison stressed that the Indian company is “politically neutral” and added that it respects whichever party is in control of the government of the Maldives.

“We’ve always been politically neutral in that our remit is solely about developing and operating the airport,” he said.

“We respect whichever party holds the seat of government in the Maldives. The government change is a change we respect and we remain politically neutral. We’ve got a concession agreement and we are sure that any government in power will respect that agreement. We’ve not heard anything that would make us believe otherwise.”

Several foreign staff working in Male’ as GMR contractors were temporarily relocated to India after both they and their employers expressed concerns over their safety. The political situation in Male’ remains volatile.

Harrison said, “Our only concern is for the welfare of GMR staff, so we have advised them to avoid hotspots where it appears that riots and trouble is breaking out.”

He added that tourists traveling through INIA should not be too concerned about the events in Male’, as the airport and resorts are separated from the capital city.

Harrison said, “The resorts and the airport island are geographically separated from Male’, and we’re also fortunate in the fact that the Maldivian culture is both welcoming and friendly towards foreigners. We’ve seen demonstrations of great hospitality both at the airport and at the resorts, both during and prior to this situation.

“People visiting the Maldives are being made to feel very welcome in the Maldives, despite what’s going on in Male’. The Maldivians have a very warm and nurturing culture and a willingness to welcome visitors – and this won’t be affected by the political situation,” he added.

There have been no political protests at INIA or any of the resorts to date. As such, the majority of current travel advice issued by foreign embassies recommends that tourists specifically avoid visiting the island of Male’, but they are not issuing a blanket travel warning against visiting the Maldives, apart from the Ministry of Foreign Affairs of the Ukraine which advises it citizens to avoid the country as a whole.

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Protests erupt after Nasheed claims resignation was ‘under duress’, and calls for Dr Waheed to step down

“I call upon Dr Waheed to immediately step down from the seat he is sitting in and call for immediate elections,” said former President Mohamed Nasheed during a Maldivian Democratic Party (MDP) National Council meeting at Dharubaruge this afternoon.

The council further rejected the now-forming national unity government’s invitation to join forces, and declaring Nasheed’s former government the only “legitimate” government said it would not negotiate with the opposing ruling body.

Nasheed spoke to hundreds of party supporters packed into the entire top floor of Dharubaruge, along with the sitting members of the national council. MP ‘Reeko’ Moosa Manik chaired the meeting.

Declaring that “I will never back down until a lawful legitimate government is sworn in,” Nasheed called upon the chief justice to investigate the yesterday’s coup “and bring those responsible to justice.”

“We will never allow the national defense forces and the police to be hijacked by the opposition,” he said. “We will assure our key pledges of affordable housing, transport networks, closure of the doors opened towards narcotics, and bringing down the commodity prices.”

According to MDP, Nasheed was yesterday forced to resign by the military, which forced the state broadcasting station MNBC to revert to its identity Television Maldives (TVM) and threatened “a bloodbath in the capital” if Nasheed did not step down from the presidency.

The alleged coup arose out of three weeks of opposition-led protests calling for the release of Criminal Court Chief Judge Abdulla Mohamed who was arrested on January 16 after attempting to block his own police summons. Protesters declared the arrest a violation of human rights while members of former president Maumoon Abdul Gayoom’s opposition Progressive Party of the Maldives (PPM) accused Nasheed of acting unlawfully.

Following an all-night protest on February 6, under 100 police officers defected from their position as state security and assisted protesters in an attack on the then-ruling MDP camp, triggering a larger clash between police and Maldives National Defense Forces (MNDF) last morning which left many injured.

Following Nasheed’s resignation at 1:00 pm, former Vice President Dr Mohamed Waheed Hassan was sworn into office yesterday at 3:00pm with the support of several opposition parties. He said he intends to fulfill Nasheed’s term until the scheduled presidential elections in 2013.

Meanwhile, members of Nasheed’s government have said they did not attend work today and are awaiting political appointment.

Gathering for the council meeting today at Dharubaruge, throngs of MDP supporters and members of the former government chanted for Nasheed upon his arrival, filling the building’s top floor and screaming in support as sitting council members declared resistance to Dr Waheed’s national unity government.

MP Alhan Fahmy, former Foreign Minister Ahmed Naseem and several party MPs said MDP would not negotiate with Dr Waheed’s government and declared that Nasheed “is still the legitimate president.”

Party President Dr Ibrahim Didi, who last night said on television that he supported cooperation with the new government, told the council, “I was misinterpreted by the media stating that I was open to the idea of a unity government but I only stated that I would decide after consulting the party council.”

Speaking from atop her chair at the front of the council MP Mariya Ahmed Didi declared yesterday’s events a coup and called on the council to accept that Nasheed’s administration had been elected by popular vote, but was overturned by a minority of the nation’s security forces.

Former State Minister for Foreign Affairs Aslam Shakir next proposed a resolution that the MDP rally for judicial reform, which was earlier scheduled for February 17, would proceed as planned. Many party supporters are due to arrive from islands for the event.

The council unanimously voted in favor of both resolutions.

The council further asserted that it does not recognise yesterday’s change of government, and that Nasheed and his ministers are still the legitimate ruling body in the eyes of MDP.

As the meeting drew to a close Nasheed said, “I call upon all of us to march to ‘Haruge’ [MDP camp] after this meeting and open it for it was the place where freedom of speech and expression originated.” Supporters exited the building chanting “long live Nasheed!” and made their way to the party camp.

Shortly after, MDP members clashed with some opposition supporters near the Maldives Monetary Authority (MMA). MNDF forces were on their way to the scene at time of press, after the crowd had been four times pepper sprayed.

Nasheed was reported to be on the protest’s front lines.

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Protests to continue as police threaten zero-tolerance

Maldives Police Services has said it will adopt a zero-tolerance policy during protests if opposition demonstrators continue their current, increasingly violent trajectory which has sent four police officers to the hospital in the past two days.

Citing protesters’ recent use of fireballs, petrol bombs and bricks, police have said they will exercise full legal authority to prevent the ongoing anti-government protests from developing into acts of terrorism.

Opposition rotesters have demonstrated every night since January 16, when Criminal Court Chief Judge Abdulla Mohamed was arrested by military forces and detained at a training facility in Kaafu Atoll Girifushi. Opposition party members have drawn crowds of approximately 200 to 300 nightly to the area in front of the Maldives Monetary Authority (MMA) near the Male’ fish market, while ruling Maldivian Democratic Party (MDP) members have taken to gathering at their party camp on the other side of the island.

Police and military forces have patrolled key areas of the island on a regular basis, nightly arresting individuals for violent activities.

Speaking of last night’s demonstration, Sub-Inspector Hussain Haneef said 37 individuals were arrested “for violence and acting against police orders.” He added that nine individuals have been released.

Mohamed Haisham, a protest coordinator and member of opposition Progressive Party of Maldives (PPM), said most individuals arrested last night were women and blamed any violent agitation on MDP, “who is giving money, drugs, alcohol and knives to gangs who are causing the problems.”

Haisham said protesters are undeterred by the police warnings. “Tonight’s protest will be very strong,” he informed Minivan News, adding that protests will continue until “the biggest one”, a rally scheduled for February 24.

Last night’s unrest also led to the breaking of windows at MDP headquarters and the Finance Ministry, as well as the windshield of a city bus.

Police have also launched an investigation into a Henveiru ward fire which broke out last night in the home of musician Ibra Rasheed, destroying a majority of the musical equipment belonging to himself and his son.

Rasheed, who claims not to belong to any party, has been producing music against the former government since the 1980s; between 1988 and 2003 he was arrested, jailed and banished to an island. “They arrested me for drugs, but everybody knows I don’t use drugs. They really arrested me for my music,” he said.

Since the current government came to power in 2008 Rasheed has been able to produce and sell six albums, however he claims being hassled by supporters of the former government for his work.

In 2010 Rasheed released the song “Black 30 Years” criticising the lifestyle of Abdulla Hameed, former Atolls Minister and half-brother to former president Maumoon Abdul Gayoom. “After that I was walking by the postal building and saw Shaheem Hameed [his son]. He refused to shake my hand and said he would sue me for what I did to his father,” Rasheed said. Soon after he was beaten up in the street, he said.

In the past several weeks, the threats have become more frequent.

“There are guys who come around on their motorbikes and tell me they are going to beat me and kill me. With these protests now they are coming more often, I am scared anything might happen to me so I stay at home. I think they were the ones who started the fire [in my son’s room].”

Rasheed said the door to his son’s room was locked and vacant when smoke began pouring out. House residents forced open the door and put out the flame, however all of the equipment inside was destroyed. “We kept my son’s computer for mixing and the guitars and most recording stuff in there,” he explained. “Someone told me the Islamic Bank can provide financial support, but I haven’t talked to the bank yet.” Rasheed said the damages amounted to Rf80,000 (US$5,200).

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Police officer burned by flaming ball as protests persist

A police officer was hospitalised last night after being struck by a ball set on fire and hurled during night’s protest outside Male’s fish market, where opposition party members have been rallying crowds since January 16 calling for the release of Criminal Court Chief Judge Abdulla Mohamed from military detention.

According to police parts of the officer’s uniform were burnt along with some of the weapons he was carrying at the time. The officer also sustained injuries to his neck, chin and ears.

The officer was immediately taken to ADK hospital, police said. Two other police officers injured during the confrontation have been admitted to hospital as well.

Police said they are currently investigating the attack. No other arrests or injuries were reported.

During the opposition-led protest, which began at approximately 9:00pm last evening, a group of 200 active participants charged police blockades in an effort to enter the off-limits Republic Square. Between 10:30pm and 11:30pm protesters and police advanced and retreated along the jetty near the fish market several times. Various glass objects as well as empty bottles, stones, eggs, young coconuts and flares were thrown by protesters into the police zone, occasionally falling short of their marks and landing among the protesting crowd.

Police retaliated by pushing back the crowd, eventually deploying tear gas and pepper spray.

A woman who was sprayed following a near-hysterical confrontation with police was treated and calmed by a group of protesters on the side lines before rejoining the crowd.

Meanwhile, approximately 200 bystanders observed the commotion from the upper levels of nearby boats and the fish market opposite, some laughing, some shouting, and some simply watching.

Yesterday afternoon, activists and Parliament members from the ruling Maldivian Democratic Party (MDP) marched up the island’s central road of  Majeedhee Magu, past the tsunami memorial and down Ameenee Magu to the party camp, calling for all judges to be arrested and for Male’ city “to be calm.” At the party camp activists announced their intention to advance on the protesters that evening at 8:30pm, before dispersing for prayer and dinner.

The previous evening, protest leaders went to the house of Vice President Dr Mohamed Waheed Hassan to request an immediate meeting. The Vice President reportedly welcomed them inside, and at 1:00am opposition leaders emerged pledging allegiance to the Vice President and urging him to assume control of the executive.

The government maintained that it had not lost confidence in the Vice President, discounting his decision to meet with the protesters as a diplomatic courtesy and reaffirmed its faith in his allegiance. During the protest the following evening, however, protesters maintained that the Vice President was on their side.

“He wants the judge free, he has said he shares our interests,” an opposition protester told Minivan News.

Party members from both sides of the political aisle gathered at their respective locales last night. MDP activists reportedly urged an advance on the fish market, however MDP Chairman and MP ‘Reeko’ Moosa Manik instructed those assembled to wait for official party orders, according to sources.

Although the crowd vocally supported an advance, no official decision was made and members of the crowd did not initiate a mass movement.

A protest coordinator and opposition party member meanwhile told Minivan News that a number of protesters were harmed during last night’s protest at the fish market in a clash with the MDP.

“It is the [MDP] activists who are doing and throwing these things,” he claimed. “They are the ones causing all the damage.”

Other protesters acknowledged that gang members are known to be participating in the demonstrations, sometimes after taking drugs or alcohol, however they would not provide further details.

Protests are expected to continue through February 24, the opposition protest coordinator said.

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PPM Vice President Umar Naseer sues police and Maldives National Defence Force

Progressive Party of Maldives (PPM) Vice President Umar Naseer, formerly Dhivehi Rayyithunge Party (DRP) Vice President prior to his eviction from the party, has filed a suit in the civil court against the police and Maldives National Defence Force (MNDF).

Speaking at a press conference yesterday, Umar said that he decided to sue the MNDF for unlawfully arresting Chief Judge of the Criminal Court Abdulla Mohamed, and police for not working to set Judge Abdulla free.

He filed the suit against Police Commissioner Ahmed Faseeh, Deputy Commissioner Ismail Atheef and Deputy Commissioner Ahmed Muneer, and on the MNDF side, he sued Chief of Defence Force Major General Moosa Ali Jaleel and Vice Chief Brigadier Faruhath Shaheer.

Umar claimed at the press conference that superiors at the MNDF had been giving unlawful orders, and that it was one reason why he felt he had to file the suit.

He claimed that if the court rules that the senior officers have been giving unlawful orders they would be dismissed from their jobs.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request, after he attempted to block his summons in the high court.

After he was arrested the Supreme Court declared that the arrest was unlawful and ordered his immediate release, but the MNDF did not respond.

Later the High Court ordered the MNDF three times to produce him at the High Court, but the MNDF did not respond.

Yesterday the Human Rights Commission of the Maldives (HRCM) was summoned to parliament’s Independent Commission’s Committee. President of the HRCM Mariyam Azra told the MPs that there were “issues with the judiciary”.

She also said that HRCM had forwarded these issues  to concerned institutions such as Judicial Service Commission (JSC), which has halted its investigation of Judge Abdulla after he obtained a civil court injunction against his own investigation.

Azra told the committee that HRCM had the legal authority to investigate human rights violations.

Recently Umar has filed two cases against President Mohamed Nasheed at the police.

PPM Spokesperson Ahmed Mahlouf was unavailable at time of press.

A police spokesperson said the police have not officially received any information about the suit.

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Opposition protests continue as President calls for return to article 285

Opposition protests on Male’ continued over the weekend against the military’s detention of Criminal Court Chief Judge Abdulla Mohamed, and a proposal to withold lower court salaries until the judiciary is lawfully appointed in accordance with Article 285 of the Constitution.

Judge Abdulla Mohamed was arrested by the military on January 16 after he attempted to block his own police summons. Charges against him include 14 counts of obstructing police duty, “hijacking the court” and other corrupt professional dealings.

For the past two weeks opposition-led demonstrations have taken place outside the Maldives Monetary Authority (MMA) building, the closest point to the no-protest zone surrounding Republic Square, the President’s Office and other official buildings. After attempting to advance on Republic Square around midnight, smaller protests have spread to other parts of the city.

Activities this weekend have ceased by 1:30 am each evening, Police Sub-Inspector Hassan Haneef said.

On Thursday evening opposition leaders including Progressive Party of Maldives (PPM) Vice President Umar Naseer addressed an attentive crowd – approximately 200 young and old men and a few older women – from atop a van parked outside the MMA building. Starting at 9:00pm, speakers listed their concerns, made allegations against the current government and requested a fair trial for the judge.

“This is a dictatorship, this here, it is all dictatorship,” several protesters told Minivan News, while another claimed “the President is a drunkard and a [drug] addict.”

After a group prayer the crowd retreated in preparation for an advance on Republic Square. Following a swift surge from behind the fish market to the police barricade in front of the MMA building, protesters were held at bay by police forces armed with body-length plastic shields. Civilians shouted, criticised and laughed from nearby alleys as police and protesters retreated from the no-protest zone.

Around 12:30 am police used pepper spray to disperse the crowd, following violent scuffles.

During a clash in which protesters allegedly hurled pavement bricks, Haveeru photographer Ibrahim ‘Dodi’ Faid sustained a blow to his head. He was treated at ADK hospital.

PPM activist Ahmed ‘Maaz’ Saleem was taken to Indira Ghandi Memorial Hospital (IGMH) following a blow to his leg, local media reported.

By the end of Thursday evening police had arrested 22 individuals including PPM MP Ahmed Nihan Hussain Manik and former SAARC Secretary General Dhiyana Saeed, who recently resigned from her SAARC post after criticising the government’s order to detain Judge Abdulla Mohamed.

As the protestors dispersed, Saeed and two unidentified women sat in Republic Square, Haneef said. After refusing to leave the three women were taken into police custody for approximately five minutes before being released.

Of the 22 individuals arrested 17 were transferred to Dhoonidhoo Detention Centre. All were released on Friday, Haneef said.

Maldives National Defence Force (MNDF) also arrested an individual from Henveiru ward carrying a large knife after the protests on Thursday night. Minivan News was informed that the knife was an ornate “war” knife approximately one and a half feet long.

Haneef confirmed that the individual was in custody and an investigation was underway.

On Friday the protests continued in the same location while ruling Maldivian Democratic Party (MDP) rallied at party headquarters on Ameenee Magu.

According to local media, PPM MP Saleem returned to the MMA building area in a wheelchair to join protestors who broke through police barricades and sat in an open area nearby.

PPM MPs Riyaz Rasheed and Ilham Ahmed meanwhile were allowed into police headquarters where they requested a meeting with Police Commissioner Ahmed Faseeh, local media reported. An appointment has not been set.

Police report no violence or use of pepper spray during Friday’s protest, however four individuals were arrested and are currently being held at Dhoonidhoo.

As the protests look to stretch into their third week, Haneef said police are “still doing our duties as usual. We are not fatigued.”

He added that MNDF will maintain its position outside state television station Maldives National Broadcasting Company (MNBC), following targeted attacks last week in which journalists were beaten and tasered by protesters. The journalist who was beaten, Moosa Naushad, has been sent for medical treatment in India following injuries to his back and hand.

Protest leaders have pledged to continue the street demonstrations if their demands are not met. On January 26 MNDF rejected a High Court order to produce the judge.

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Police summon Umar Naseer, Hassan Saeed for questioning

Police have summoned Umar Naseer, Vice President of Progressive Party of Maldives (PPM) and Dr Hassan Saeed, President of Dhivehi Qaumee Party (DQP) for questioning at 9:00am tomorrow morning.

Police have stated that they aim to clarify information regarding an ongoing investigation.

Both men, and their parties, have been at the forefront of vocal and physical protests against the government over the last two weeks.

After alleging that the government is involved in “anti-Islamic conspiracies” and that President Mohamed Nasheed was “a madman elected by mistake” on local broadcaster DhiTV, party members Dr Mohamed Jameel Ahmed and ‘Sandhaanu’ Ahmed Ibrahim Didi were summoned for questioning on January 14 for four consecutive nights, prompting public demonstrations for freedom of expression. Hassan Saeed was their lawyer.

In a 30-page pamphlet released on January 15, DQP accused the government of participating in anti-Islamic conspiracies and associating with Jews and Christian priests.

The President’s Office called the pamphlet “a litany of extremist, bigoted and hate-filled rhetoric aimed primarily at President Nasheed and his administration” which has “[undermined] the religious harmony of the country” by using the constitutionally-granted right to freedom of expression as an excuse to engage in hate speech.

In an effort to garner international support, a DQP delegation flew to Colombo to explain its position to embassies.

On January 14 Criminal Court Chief Judge Abdulla Mohamed was arrested by military forces after attempting to block his own court order and was taken to a training facility on Girifushi, where he is currently being held. The charges against him include obstruction of justice and corrupt professional behavior.

Although Saeed filed the first complaint against Judge Mohamed in 2005, he has been an outspoken participant in the opposition-led protests to free the judge over the past 10 days.

Opposition parties claim that the judge’s detention constitutes a human rights violation; the case has been forwarded to the International Criminal Court (ICC).

Umar Naseer, deputy leader of opposition Dhivehi Rayyithunge Party (DRP) until he was dismissed, assisted former president Maumoon Abdul Gayoom in forming PPM. The party was registered in late 2011, drawing membership from DRP in high quantities.

Speaking at a PPM rally last evening, Naseer said he was aware that Special Forces had appealed for an order from the High Court to apprehend him. Meanwhile, Gayoom has reportedly left the country.

Speaking at the same event Jumhooree Party (JP) President Gasim Ibrahim told the crowd that the government is bankrupt, citing a growing budget deficit and rumors of unpaid salaries.

Requesting the government to stop using Special Forces to carry out “crimes against the people”, Gassim asked opposition parties to “work together to restore freedom before it’s too late”, local media reports.

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Lawyers forward Chief Judge’s case to International Criminal Court

A group  of lawyers have forward a case concerning the government’s arrest and detention of Criminal Court Chief Judge Abdulla Mohamed’s by military forces has been forwarded to the International Criminal Court (ICC).

The Maldives became a member of the ICC after acceding to the Rome Statute late last year.

According to the Rome Statute, “the jurisdiction of the [ICC] shall be limited to the most serious crimes of concern to the international community as a whole”, notably genocide, crimes against humanity, war crimes and crimes of aggression. The ICC does not deal with small cases, even if the victims may be in the hundreds.”

The case was forwarded by a group of lawyers contesting the conditions of the judge’s arrest and detention at a Maldives National Defence Force (MNDF) training facility on Girifushi.

Maumoon Hameed, a member of the legal team, said the case was submitted “as the continued detention of Judge Mohamed is in clear violation of the International Convention on the Protection of all Persons against Enforced Disappearance.”

Hameed told local media that ICC prosecutor, Luis Moreno-Occampo, would investigate the matter. Minivan News is currently waiting for a response from the ICC.

The judge was arrested by MNDF forces upon police request after he attempted to block his own police summons in the High Court. Allegations against him include corruption, political bias and poor professional conduct, such as requiring underage victims of sexual abuse to re-enact their experiences during court hearings.

MNDF did not release details of the judge’s whereabouts for 48 hours following his arrest, prompting the opposition to define the act as “enforced disappearance”.

The military has not complied with High and Supreme court orders to release the judge. Officials from the military and police forces were today questioned on the matter by Parliament’s 241 Committee for safety and security, and further hearings are pending.

Opposition parties have claimed the judge’s detention as a ‘crime against humanity’, leading to a string of increasingly violence protests since last week. Over 40 people have been arrested in the past four days, and several individuals have been sent to the hospital.

Opposition Dhivehi Quamee Party (DQP) President Ibrahim Shareef termed the arrest an inhumane “kidnapping”, while Vice President Dr Mohamed Waheed surprised the govenrment by expressing shame over the action calling it “the first possible violation since the dawn of democracy in our country”.

The European Union (EU) also expressed concern over the judge’s arrest in a statement in which it encouraged all parties to “act in accordance with these [democratic] principles and to refrain from inflammatory language or other action which could incite hatred.”

Acting on these and other concerns, Human Rights Commission of Maldives (HRCM) last weekend visited the judge on Girifushi and reported that he was in good health and conditions, drawing criticism from the opposition for allegedly “backing down” from its duties.

Meanwhile, the government has maintained that the judge’s arrest was lawful and that invoking the term ‘crime against humanity’ is only a political strategy.

“The government of Maldives is taking appropriate action in extraordinary circumstances involving allegations of serious corruption and gross misconduct by a senior judge. Public statements seeking to define his detention as a human rights issue are part of the web of protection which surrounds Judge Abdulla Mohamed,” said a government legal source.

Citing the ICC’s Rome Statute, the legal source has noted that “detention of a person can only be construed as a ‘crime against humanity’ if that detention is committed by a State as part of a widespread systematic attack on a civilian population, and if that detention is followed by the refusal to acknowledge the deprivation of freedom, and or to give information on the fate or whereabouts of that person with the intention of removing the person from the protection of the law for a prolonged period of time.

“The detention of Judge Abdulla Mohamed is not part of a systematic attack on a civilian population and the government has acknowledged his detention to both his family and the public at large,” the source stated.

The source described the allegations against the Chief Judge as “of serious concern to the Maldivian government and community” and claimed to hold evidence of “gross misconduct” against the Judge.

In particular, the government claims that the judge exercised “undue influence” over at least one member of the Civil Court to prompt a ruling against the Judicial Services Commission’s (JSC) investigation of the Judge last year.

Observing that the High and Supreme courts remained silent during the affair, the government accused the judge of “tacit acceptance of a ploy to prevent the JSC from exercising is powers under the constitution.”

Furthermore, by accepting the Civil Court’s ruling the JSC indicated its own subscription to biased input, the source claimed.

Speaking today to Minivan News, in his own capacity, opposition Progressive Party of the Maldives (PPM) member Abdul Rasheed Nafiz endorsed the gesture of sending the case to the ICC.

“Right now, this is a legal argument. The opposition says the military cannot arrest judges, and the President says he has the authority as commander-in-chief. The Supreme Court tried to resolve the matter but it has had some problems. We need a mediator, and now it’s time for the international community to get involved”, he said.

Among the criteria for the ICC to take on a case in the Maldives is doubtful willingness and capacity of the country’s own judiciary to handle the case in question.

Speaking to Minivan News in September, President’s Press Secretary Mohamed Zuhair said it was important for the Maldives to have access to an international judiciary

“This is a big step for a country whose previous leaders have been accused of human rights violations. I believe their cases would be fairly addressed in the ICC,” he said, while an ICC official hoped membership would help the Maldives proceed with judicial reform.

Towards that end, the Foreign Ministry has requested an international legal delegation from the United Nations’ Human Rights Commission to help resolve the current impasse in the nation’s judicial system.

Meanwhile, former President’s Member on the Judicial Services Commission (JSC), Aishath Velezinee, today told Minivan News “I would like it if the ICC were to accept this. Not because of Abdulla Mohamed, but because it will mean they will have to look into why he was taken.”

Velezinee has accused the opposition of subverting the judiciary for political purposes, with the aim of protecting their supporters from prosecution and retaining control over the judges as previously held by the former Ministry of Justice.

“It was a coup,” she told Minivan News today. “Now they are asking the Supreme Court to investigate – the same Supreme Court which has asked the authorities to investigate people who criticise the judiciary. No single person has criticised the judiciary more than me – and I say this because I have all the evidence, and all the papers.”

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PPM still asking for Chief Judge’s release as violent protests continue

Police and Maldives National Defence Forces (MNDF) last night arrested 19 people during a violent protest outside the Maldives Monetary Authority (MMA) building near Republic Square, in which four police officers received minor injuries.

“The protest became violent when people started throwing bricks and other things,” said police Sub-Inspector Hassan Haneef. “We tried to disperse them, and the protest spread throughout Male’ city.” Haneef said the protests continued until 1:25 am on Monday morning.

‘Sandhaanu’ Ahmed Ibrahim Didi, a council member of minority opposition Dhivehi Quamee Party (DQP), has been released. The other 18 individuals remain in custody.

However, Mulaku MP Abdulla Yameen was summoned to police headquarters this morning for questioning in regards in to an ongoing investigation. Local media reports that Yameen was due to leave for Sri Lanka this evening to meet foreign diplomats.

Police officials estimated that between 300 and 400 individuals associated with political opposition parties participated in last night’s protest, part of a trend which began when several opposition figures were detained for “hate speech” against the government nine days ago. Opposition-led protests demanding freedom of expression escalated when Chief Judge Abdulla Mohamed was arrested by military forces seven days ago, shortly after he declared the arrest of the politicians unlawful.

Sub-Inspector Haneef said the protests were “of a high concern to the Male’ police service”, observing that last night’s protest was part of a developing trend of increasingly violent demonstrations.

Stating that military forces are prepared to assist police upon request, MNDF spokesperson Major Abdul Raheem added that “anytime there is violence it is a big concern of ours. We are always on alert and want to make sure Male’ is safe for residents.”

Meanwhile, the Security Services Committee (241 Committee) questioned MNDF Chief Major General Moosa Ali Jaleel and Police Commissioner Ahmed Faseeh  regarding the detention of the chief judge and the string of protests.

Local media reported that further hearings will be held. However, Minivan was unable to confirm the report with members of the 241 Committee at time of press.

Concerns about the protests were raised at Parliament’s National Security Committee last week by PPM MP Ahmed Mahlouf.

According to Committee Chair and MDP MP Ali Waheed, Mahlouf subsequently withdrew the case “because he didn’t want (MDP MP) ‘Reeko’ Moosa Manik to be involved, and he didn’t like the way the investigation was going.”

“We offered dialogue, because we don’t want to stop work, we want to be democratic. In a committee we should be able to have dialogue and make a solution. But the opposition is trying to disrupt the process and make trouble everywhere in the country so the government can’t focus,” Waheed claimed.

Stating that the protests “are an issue of national security”, Waheed warned that disrupting committee procedures were “a means to an end.”

“Right now there are many ways to terrorise a country. Some use guns and bombs, some use language, and even now the way [former President Maumoon Abdul Gayoom’s Progressive Party of the Maldives] is acting is a type of terrorism – they are trying to stop the whole system”, he said, observing that as the protests carry on with blocked roads and vandalised homes, “Male’s roads should not be used only by PPM.”

PPM MP Mahlouf had not responded to phone calls at time of press. However, party member Abdul Rasheed Nafiz said he understood that Mahlouf’s case was voted down during a committee session when MP Yameen was absent, and did not believe that the National Security Committee had the mandate to address the protests.

Nafiz said the protests were important for public expression however he believed the response was overblown.

“Police and military forces are both involved, which is a concern. Force is not required, when these people are gathering they keep silent until the police decide to disperse the crowd,” he claimed.

Acknowledging that a regulation prohibits demonstrations after midnight and at certain locations – such as Republic Square, located next to the MMA building – Nafiz pointed out that “neither side has obeyed that regulation, and even a small regulation can’t limit the freedoms granted in the Constitution.”

During his time as a Parliament member, Nafiz said, he suggested regulations on public protests “because Male’ is a small place and people are saying things that are hard for families and small children to hear. We have a culture and a religion to respect as well. But at the time the proposal was attacked and now people can hold protests when and where they like.”

Nafiz said he believed restoring peace “depends on the chief judge’s release.”

“Opposition parties are willing to bring an end to the protests through negotiation, but the government should release the judge first,” he said, noting that a group of lawyers had today forwarded the case to the International Criminal Court (ICC), of which the Maldives recently became a member.

“This is really a legal issue, and a mediator is needed. The question is ‘who’. Now is the time for the international community to get involved”, he said.

Yesterday, the Ministry of Foreign Affairs announced that it had requested an international legal delegation from the United Nations’ Human Rights Commission to assist the Maldives.

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