Tag: President Mohamed Nasheed

Political leaders take to twitter to mark February 7th

Political leaders have taken to social media to mark three years since the resignation of President Mohamed Nasheed in 2012.

While former President and leader of the ruling Progressive Party of Maldives (PPM) Maumoon Abdul Gayoom wished all “patriotic Maldivians” a “Happy 7th February”, Maldivian Democratic Party (MDP) leader Nasheed posted the lyrics of a melancholic Dhivehi ballad.

Nasheed’s message contained the lyrics to a song which describes the “many tears shed that day” – originally written about the death of a couple from Galolhu Penzeemaage, killed when their Dhoni capsized near Malé in the 1980s.

He has made no other official comments regarding the day of his departure from office.

Nasheed resigned on February 7, 2012, after mutinying security forces joined anti-government protesters, demonstrating against the arrest of Criminal Court Chief Judge Abdulla Mohamed – for which Nasheed still faces criminal charges.

The protests’ leaders included key opposition figures from PPM, Jumhooree Party (JP), Dhivehi Rayyithunge Party, and the religious conservative Adhaalath Party.

Current Minister of Home Affairs Umar Naseer – who stood in the front lines of opposition protests against Nasheed’s presidency – said yesterday that the date was a “proud day for Maldives, Islam and the constitution”, thanking everyone who stood against the country’s fourth president.

Naseer this weekend announced his exit from JP after the party joined the MDP in an agreement to defending the Constitution – receiving public praise from Gayoom for his decision.

Meanwhile, other protagonists in the events surrounding Nasheed’s resignation struck a more conciliatory tone, with Adhaalath Party President Sheikh Imran Abdulla saying “the nation cannot move forwards without forgiving and building friendships”.

Sheikh Imran described the events of February 7 and 8, 2012 as “dangerous and sad”.

After supporting Gasim in the first round of the 2013 presidential elections and President Abdulla Yameen in the run-off, Adhaalath is considered an unofficial coalition partner in the government, with the party assigned the Ministry of Islamic Affairs.

Nasheed has recently used the events leading up to and following his departure from office to suggest that the current government has lost legitimacy following the JP’s withdrawal from the governing coalition.

He has cited the Commission of National Inquiry (CoNI) report, which concluded that change of government was “legal and constitutional”, and the events of February 6-7 “were, in large measure, reactions to the actions of President Nasheed”.

“[I]t is evident that President Nasheed lost the support of the coalition supporting the MDP which had brought him to power and it is an irrefutable fact that MDP never enjoyed a clear majority in the Parliament,” read the Commonwealth-assisted report.

Even without the support of the JP’s 13 MPs, the ruling PPM currently enjoys a clear majority in the People’s Majlis, controlling 49 seats alongside the its ally, the Maldivian Development Alliance.

Nasheed stated last week that, with the CoNI report arguing that the transfer of power on February 7 was made in accordance with the law: “Yameen, we are also going to change your government in that very path deemed legal”.


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Nasheed’s request for halt to Hulhumalé court appointments denied

The High Court has ruled that there are no legal grounds under which a stay order can be granted against the Judicial Service Commission (JSC) regarding the appointment of judges to the Hulhumalé Magistrates Court.

The order was requested by former president and opposition Maldivian Democratic Party (MDP) leader Mohamed Nasheed during Tuesday’s (February 3) hearing into his case against the JSC over the legality of the appointment process.

Hassan Latheef, a member of Nasheed’s legal team, told Minivan News that the High Court gave its decision with no further explanation or reasoning.

“It just said that the court finds no legal ground on which such an order can be granted,” said Latheef.

Further, he revealed that representatives of Nasheed have been asked to attend the High Court to sign the statements given in relation to the case challenging the legality of the Hulhumalé Magistrates Court bench,

The case was first raised in 2012, and challenges the legality of the bench assembled to try the opposition leader for the detention of Criminal Court Judge Abdulla Mohamed during his presidency.

Meanwhile, Tuesday’s hearing saw presiding judges ask Nasheed’s representatives to submit the request for a stay order in writing despite their insistence that the court allow the request to be presented orally.

Nasheed lawyer Hisaan Hussain commented while speaking to the press after the hearing that the court must provide opportunities for the points to be presented orally, facilitating the illustration of connections between laws and facts of the case.

Expressing discontent over the time limits placed by the presiding judge and the refusal to allow the points to be raised in court, Hisaan said: “If the court is not providing enough time to orally present the case in detail, both parties involved can send the relevant documents to court and the court can deliberate on the matter”.

Responding to the request during Tuesday’s trial, JSC lawyer Hussain Ibrahim said he was unable to respond as he was not aware the process of appointing new judges to the Hulhumalé Magistrates Court bench was underway.

Nasheed and the MDP have suggested the case is being rushed through after a near two-year delay in order to conduct his trial before the introduction of the new Penal Code in April, which they argue does not include the offence under which he is being charged.

Hearings will resume next week.


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We will change the government according CoNI report, says Nasheed

Former President Mohamed Nasheed has said the opposition will change the government in the manner which was authenticated by Commission of National Inquiry (CoNI) report.

Speaking at a street rally in Malé held last night (January 3) by Nasheed’s Maldivian Democratic Party (MDP) and its new ally the Jumhooree Party (JP), Nasheed said all political parties had agreed that the findings of the report would be accepted even before it had begun.

“This very report stated that the transfer of power on February 7 was made in accordance with the laws – President Yameen, we are also going to change your government in that very path deemed legal,” he said.

After the Commonwealth-backed inquiry ended the MDP’s hopes of overturning the new administration, Nasheed described the final report as a setting a legal precedent for the overthrow of an elected government through police or mob action.

The Maldives was left “in a very awkward, and in many ways, very comical” situation, said the former president at the time of the report’s release in August 2012, “where toppling the government by brute force is taken to be a reasonable course of action. All you have to do find is a narrative for that course of action.”

The report into the circumstances surrounding Nasheed’s controversial resignation found that the change of government was “legal and constitutional”, and the events of February 6-7 “were, in large measure, reactions to the actions of President Nasheed”.

“The resignation of President Nasheed was voluntary and of his own free will. It was not caused by any illegal coercion or intimidation,” the report claimed.

“[I]t is evident that President Nasheed lost the support of the coalition supporting the MDP which had brought him to power and it is an irrefutable fact that MDP never enjoyed a clear majority in the Parliament,” read the document, pointing to factors that led to his departure from office.

Constitutional amendments

Nasheed claimed last night that as stated in the CoNI report, President Abdulla Yameen’s government had also lost legitimacy after JP leader Gasim Ibrahim – who backed Yameen in the 2013 presidential run-off elections – pulled out of the coalition.

“There is no support for President Yameen’s presidency. The support he received even with President Maumoon is 25 percent,” Nasheed stated.

He argued that the spirit of the Maldivian Constitution is aligned with the presidential system of governance, which demands that one individual gains over 50 percent of the voting population’s support.

This support failed to materialise in either the 2013 presidential elections, or in his own 2008 victory, noted Nasheed.

“The result is that the new government in its infancy loses legitimacy after coalition partners pull out”.

Nasheed also stated that the Maldivian people do not wish to create a dictatorial ruler with a super majority, but rather wish “to find a way in which the Maldives is ruled under the principle of dialogue and discussion”.

He subsequently claimed that constitutional changes needed to be brought in order to facilitate a system of democracy in which the government can function without a super majority, through discussions and dialogue between political figures and parties.

The MDP and the JP held a third round of discussions at Maafannu Kunooz on Sunday (January 1) night, agreeing to officially sign a document concerning their joint efforts to defend the Constitution.

The document, scheduled to be signed at a special ceremony on Thursday (January 5), will be followed by a joint rally that evening at the Carnival area in Malé.

Although the Adhaalath Party has decided against joining the alliance, the Maldives Trade Union has joined the opposition, claiming that the government’s persistent violations of the constitution have “eroded crucial checks and balances and accountability mechanisms”.


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Nasheed requests reappointments to Hulhumalé court be stopped

Former President Mohamed Nasheed’s legal team have requested that the appointment of new judges to the vacant positions on the Hulhumalé Magistrate Court bench be halted.

The stay order was submitted at today’s High Court hearing in Nasheed’s case against the Judicial Services Commission (JSC) over the legality of the appointment process to the magistrates court.

Despite Nasheed’s representatives insisting that the court consider the request during the hearing, presiding judges asked that it be submitted in writing, saying that the court will deliberate on the issue in a timely manner.

Responding to the request, JSC lawyer Hussain Ibrahim said he was unable to respond as he was unaware that the process of appointing new judges to the Hulhumalé Magistrate Court bench was underway.

Nasheed’s lawyers attempted to add new points to the original case, but the judges again asked that the new point to be submitted in writing, in spite of further protests.

“This hearing will only take arguments from both sides regarding the procedural issue raised by JSC. We will only allow this trial to be conducted as scheduled”, stated Abbas Shareef, the presiding judge.

The case was first raised in 2012, and challenges the legality of the bench, which was assembled to try the opposition leader for the detention of Criminal Court Judge Abdulla Mohamed during his presidency.

JSC’s procedural issue

The JSC lawyer stated that he had no points to add to the arguments made prior to the case’s suspension in April 2013. These included claims that the Hulhumalé bench had been appointed on the orders of the Supreme Court, meaning that the High Court could not deliberate on the decision.

Ahmed Abdulla, member of Nasheed’s team, noted that the letter regarding the appointment of the bench was sent by the Supreme Court in the capacity of the Judicial Council, despite it having been written under a Supreme Court letterhead.

Therefore Nasheed’s lawyers contested that the decision cannot be interpreted as a Supreme Court ruling but must be regarded “an administrative decision by an administrative body”, which would enable the High Court to deliberate on its legality.

The Judicial Council was created under the 2010 Judicature Act to oversee administration of the courts, but its duties were soon absorbed by the Supreme Court in what has been described as a centralising of judicial power.

Hisaan Hussain and Abdulla Shairu also spoke on behalf of Nasheed today, while Hassan Latheef also represented the Maldivian Democratic Party (MDP) leader in court.

Conclusion

The hearing was concluded after a brief statement by Nasheed in which he requested that the High Court grant him the permission to travel freely during the period in between hearings.

Nasheed also expressed his hope that the court had not expedited his case because “we are moving towards the shade of the new penal code, which does not include the article under which I have been charged”.

The presiding judge ended the session with the announcement that a hearing will be held next week in which the court will deliver its verdict on the procedural issues raised by the JSC, explaining to Nasheed that he will be granted permission to leave Malé after making requests in writing.

The MDP yesterday described Nasheed’s trial as the government’s attempt to eliminate President Abdulla Yameen’s political opponents and to prevent them from contesting in the 2018 presidential elections.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.

(PHOTO: MINIVAN NEWS ARCHIVE)


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Nasheed trial part of drive to eliminate President’s opponents, says MDP

The Maldivian Democratic Party (MDP) has accused President Abdulla Yameen of manipulating the judiciary to remove opponents, as court proceedings related to former President Mohamed Nasheed’s trial resume tomorrow.

In a press conference held ahead of the High Court trial challenging the legality of the Hulhumalé Magistrates Court’s bench, MDP spokesman Imthiyaz Fahmy suggested that “a very unpopular government” was trying to “invalidate the candidacy of all of President Yameen’s competitors”.

The case will consider Nasheed’s appeal against the assembly of the court’s bench, appointed to try him for the detention of Criminal Court Judge Abdulla Mohamed in January 2012.

Fahmy today suggested that the government’s attitude towards the judge’s detention – which stoked anti-government protests before Nasheed’s controversial resignation on February 7 – was reflected in the recent appointment of a fellow defendant in the case as defence minister.

“If the government believes that the case against President Nasheed is serious; if the case has any substance, why would the government appoint Moosa Ali Jaleel as the defence minister?” asked Fahmy.

Formerly the chief of defence forces, Jaleel retired after 32-years of service following Nasheed’s resignation, later telling parliament’s government oversight committee that he believed the MDP leader had “resigned under duress”.

Court proceeding

Fahmy today also suggested that the Supreme Court’s recent decision to reduce the period allowed for legal appeal was an effort to hastily sentence Nasheed before the implementation of the new penal code in April.

The court’s decision reduces the time allowed to file appeals in the higher courts from 90 days (180 for cases from the atolls) to ten, prompting legal experts to accuse the court of infringing upon the constitutional right to an appeal.

“The new penal code does not have the article under which President Nasheed is being prosecuted nor does it have a specified punishment,” continued Fahmy.

If convicted under the old legal code, Nasheed could face imprisonment or banishment for three years – leaving him ineligible for the 2018 presidential race, under Article 109 (f) of the Constitution.

Nasheed’s MDP has recently formed an alliance with the Jumhooree Party (JP) in defence of what it regards as persistent breaches of the Constitution. The eligibility of the JP’s leader, Gasim Ibrahim, is also under threat after the ruling Progressive Party of Maldives proposed constitutional amendments that would deem him too old to contest the presidency for a third time in 2018.

During tomorrow’s hearing, Nasheed’s legal team and the Judicial Services Commission – which assembled the Hulhumalé Magistrate Court’s bench – will be given ten minutes each to summarise arguments and raise further points regarding procedural issues raised before the case was halted in April 2013.

The judicial watchdog has raised a procedural issue claiming that the High Court does not have the jurisdiction to oversee the case.

After the announcement of the trial, Nasheed’s legal team had requested a one and a half month delay in the trials as further time was required to “review and research the case after recent developments in the judicial system”.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.


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Hulhumalé Magistrate Court case to resume hearings on February 3

The High Court has today informed both President Mohamed Nasheed and the Judicial Services Commission (JSC) as to how the case on the legality of the Hulhumalé Magistrates Court bench will proceed.

Nasheed’s legal team member Hassan Latheef told Minivan News that today’s meeting was conducted by High Court Judge Abbas Shareef, with the JSC and Nasheed’s representatives informed that a hearing of the case would be held on February 3.

They were also informed that each party would receive a ten minute opportunity to summarise their responses during this hearing, and to raise further points regarding procedural issues raised before hearings halted in April 2013.

The judicial watchdog has raised a procedural issue claiming that the High Court does not have the jurisdiction to oversee the case.

The resumption of the case, which challenges the legality of the bench assembled to try Nasheed for the January 2012 detention of Criminal Court Judge Abdulla Mohamed, was announced one week ago after repeated requests from the former president to expedite proceedings.

Hassan Latheef that Nasheed’s legal team raised several points today, including the small amount of time that each party will be given to present arguments in the next hearing and also the need for further time to review and research the case after recent developments in the judicial system.

“There have been significant changes to the whole judiciary, judges have been transferred, benches reduced and High Court now has two new branches. All this has an impact on the procedural issue raised by JSC. This is why we need more time”, said. Latheef.

He also said that judge Abbas Shareef has agreed to reconsider the request by Nasheed’s legal team for a one and a half month delay of the trial after discussion with the two other judges presiding over the case – Judge Ali Sameer and Judge Shuaib Hussain Zakariyya.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.


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MDP and JP reach agreement on defence of Constitution

The opposition Maldivian Democratic Party (MDP) and the Jumhooree Party (JP) have officially agreed to work together in defending the Constitution.

JP Vice President Ibrahim Ameen – who represented the party in talks held last night – described the meeting as “successful”, saying the parties agreed to cooperate in defence of the Constitution, both inside and outside of the Majlis.

An outline of the course of action was also reported to have been agreed upon, though Ameen refrained from revealing specific details.

The meeting represented the first official talks between opposition parties after MDP leader Mohamed Nasheed called for all-party talks last week, citing persistent breaches of the Constitution by President Abdulla Yameen’s government.

Earlier this week the JP officially severed its ties with the ruling Progressive Coalition – defunct since May last year, with party leader Gasim Ibrahim inviting all opposition parties for talks.

While MDP Chairperson Ali Waheed, Malé City Mayor Mohamed Shihab and former Majlis Speaker MP Abdulla Shahid participated in the talks on behalf of MDP last night, the JP was represented by Ameen, Dr Hussain Rasheed, MP Ali Hussein, and former Police Commissioner MP Abdulla Riyaz.

Minivan News was unable to obtain a comment from MDP Chairperson Waheed at the time of publication.

The JP has also invited the Dhivehi Rayyithunge Party (DRP) and the Adhaalath Party to the talks, despite the religious party being an unofficial member of the governing coalition.

DRP leader Mohamed ‘Colonel’ Nasheed confirmed to Minivan News that the party had received the invitation for all-party talks and said that the party council has not yet decided on the matter.

“We are working to schedule a council meeting today”, said Nasheed.

Adhaalath, which holds a single seat in the People’s Majlis, has received an invitation to future talks but has not yet decided on whether it will attend, the party revealed through its official twitter account yesterday.

JP Spokesman Ali Solih claimed today that Adhaalath has accepted the invitation, though they have not officially replied to it.

“As per Adhaalath’s regulations and internal mechanism, the party also will need to consult with relevant bodies. We are very optimistic that Adhaalath also will cooperate in the efforts to defend the constitution”, Ali Solih said.

Minivan News was unable to obtain a comment from Adhaalath as the party’s President Sheikh Imran Abdulla and Spokesman Sheikh Ali Zahir were not responding to calls.

The JP – which has 13 MPs in the 85-seat Majlis – this week voted through its national council to give leader Gasim Ibrahim the authority to make all decisions regarding actions needed to defend the Constitution.

The JP was officially aligned with the ruling PPM until Gasim’s decision to stand for the Majlis Speaker position, after having given crucial backing to Abdulla Yameen in the 2013 presidential race.

Unofficial talks were announced earlier this month between the JP and MDP, which holds 22 seats in the Majlis, while former President and MDP leader Nasheed has pledged to defend Gasim against government attacks.


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High Court rejects Nasheed’s request to delay Hulhumalé court bench trial

The High Court has rejected a request from former President Mohamed Nasheed to delay the hearings of his case challenging the legality of Hulhumalé Magistrate Court’s bench.

The Maldivian Democratic Party leader had asked to delay the hearing, scheduled for Wednesday (January 28), by one and a half months as his legal team requires time for further research.

In the letter written to high court by Nasheed’s lawyer Hassan Latheef, it was noted that no hearings had been scheduled since April 1, 2013, and that during this period significant changes have been brought to the judicial system.

High court spokesman Amin Faisal told Minivan News that the court has informed Nasheed’s legal team it is unable to postpone the trial as requested.

A statement from Nasheed’s office expressed concern that a preliminary hearing has been scheduled for this week, despite the 2011 High Court regulations stating that the court’s registrar has the authority to schedule preliminary hearings only before the commencement of trial hearings.

“It was also requested that the High Court conduct hearings of the trial of the case submitted by President Nasheed instead of the scheduled preliminary hearings”, the statement read.

Full of Surprises

Speaking to Minivan News, Hassan Latheef revealed that although the summons chit specified that a preliminary hearing is scheduled on Wednesday, the court has since said that a meeting was to take place with the presiding judges to discuss how the trial will proceed.

“This is neither a preliminary hearing as stated in the summons nor a hearing but an administrative meeting of sorts,” said Latheef.

Latheef noted that such meeting were unheard of at this stage of proceedings, noting that Nasheed’s trial has been “filled with surprises that the legal history of this country has never seen before”.

The case itself will investigate the manner in which appointments were made to the Hulhulamalé Magistrates Court – a body created to conduct the trial of Nasheed and senior figures in his government for the 2012 detention of Criminal Court Judge Abdulla Mohamed.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a Magistrates Court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate Magistrates Court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.

Latheef today noted that the legal team required more time to do research on the case due to the changes brought to the Maldivian judiciary after recent amendments to the Judicature Act.

“While major changes have been brought to the judiciary from April 2013 up to this day, the High Court’s ruling on this matter is likely to have significant implications on the case in the lower courts regarding President Nasheed. This is why we need more time”, he said.

Amendments to the Judicature Act passed on December 10, 2014, changed the composition and structure of the High Court by establishing two additional branches in the northern and southern regions of the Maldives.

As per the amendments the two new branches can only adjudicate the rulings of the magistrate courts. The nine-member High Court is to be divided among the three branches with three judges in each branch.


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MDP welcomes China’s denial of military plans for Laamu Atoll

The opposition Maldivian Democratic Party (MDP) has welcomed the statement by the Embassy of China in Maldives refuting claims by former President Mohamed Nasheed that a military facility was being planned in Laamu Atoll.

Denying suggestions that the Maldivian government planned to hand over large parts of the atoll under the Special Economic Zones Act, the embassy stated yesterday (25 January) that China “pursues a national defense policy that is defensive in nature” and that it “does not maintain any military in any foreign country”.

In a statement released yesterday evening, the MDP noted that China had a record of protecting its interest in primary markets with military facilities.

The statement went on to offer the example of the Chinese defence ministry announcing in December 2011 that its naval fleet “may seek supplies or recuperate” in harbours of the Seychelles during escort missions.

International reports at the time stated that the potential cooperation with the island nation, off the east coast of Africa, had come after a request made by the Seychelles government, with some Chinese media outlets reporting that a military base had been offered.

While speaking to the press after returning from a trip to Abu Dhabi last week (January 22), Nasheed alleged that the Maldives was to hand over large parts of the southern atoll to China for a military base on a 99-year lease, in exchange for US$2 billion.

Yesterday, the MDP party president described China’s as having “reconsidering their strategic plans in the Indian Ocean”.

China yesterday assured that it will uphold the principles of peaceful coexistence while aiding Maldives in maintaining and promoting peace and development, upon which it said the Maldives-China relationship is based.

Development projects

China and the Maldives signed a military aid agreement under the government of Dr Mohamed Waheed in December 2012, to develop military ties and provide free Chinese aid to the Maldives National Defence Force.

The country’s rising economic presence in the Indian Ocean region has stoked concerns in New Delhi that it is creating a ‘string of pearls’ to encircle India, including Chinese investments in ports and other key projects in Sri Lanka and Pakistan.

Suggestions by foreign minister Dunya Maumoon last November that China had officially discussed its Maritime Silk Route with India were quickly rebutted by Indian officials.

After the MDP condemned Dunya for “intentionally” providing false information about the Chinese project, the ruling Progressive Party of Maldives suggested that the opposition party was attempting to provoke tension with international allies.

Last month, the Maldives officially agreed to participate in the Silk Road trade route, becoming the third country to do so, while also revealing that the two countries have agreed to engage upon free trade in the future.

Chinese state media has connected the Maritime Silk Road Project, which which will link China to the east coast of Africa and the Mediterranean, to the proposed ‘iHavan’ transshipment port – one of five mega-projects designed to take advantage of the US$18 trillion worth of goods transported across the seven degree channel annually.

President Yameen has made clear his intention to further pursue already rapidly expanding ties with China, announcing a policy shift to the east while criticising the interference of western powers.

China also accounts for one third of all tourists visiting the Maldives.

(PHOTO: By Cpl. Scott M. Biscuiti; US Marines training with MNDF, Laamu Kadhoo, 2007)


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