Nasheed returns from visiting ill father

Former President Mohamed Nasheed returned to Male’ around 10:30pm Thursday night following a trip to Bangkok where he was visiting his ill father, reports Sun Online.

Nasheed left the Maldives December 25, 2012 following multiple immigration delays to his departure to Thailand.

This included the withholding of his passport due to the ongoing trial against him in relation to the arrest of Criminal Court Chief Judge Abdullah Mohamed while he was president, as well as a “technical error” at Ibrahim Nasir International Airport on December 21, local media reports.

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Gayoom labels MDP revolution motion illegal

Former President Maumoon Abdul Gayoom has labelled the motion passed by the Maldivian Democratic Party (MDP) to overthrow the government through a revolution as a “criminal offence”.

Speaking to reporters at a ceremony held at the Progressive Party of Maldives’s (PPM) office, Gayoom – who is the interim President of PPM – insisted that the MDP would not be successful in overthrowing the present government.

“The constitution in any country won’t permit a government to be overthrown from the street. Even in the US, UK, France or India such a thing won’t be allowed, so it is a dangerous notion. In truth they have committed a criminal offence,” Gayoom was quoted as saying by the Haveeru news service.

According to Gayoom, the MDP’s announcement to commit the offence must carry the due penalty, stressing that the idea to bring about a revolution cannot be entertained.

“It is in offence to even speak of such a thing,” he added.

The MDP has insisted that the government of former President Mohamed Nasheed had been removed through a “coup d’etat” on February 7. However, Gayoom denounced these claims, adding that the then President, Mohamed Nasheed had resigned of his own free will.

“He wasn’t taken to a place, tied up and forced. He went home after resigning on television, in front of the people. That does not to constitute to overthrowing a government from the street,” he explained.

The ex-President further said that based on the present political environment in the Maldives “there were no means or chance” to bring about a revolution.

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MDP, PPM campaigning ahead of Monday’s by-elections

Former President Mohamed Nasheed visited Faaf Bilehdhoo yesterday (Saturday) to campaign for the Maldivian Democratic Party (MDP) candidate for a vacant seat in the Bilehdhoo island council, Ramzeena Afeef.

According to the former ruling party’s website, Nasheed met MDP members and supporters in the island before returning to Male’ last night.

MDP MPs Mohamed Gasam, Mohamed Shifaz and Ibrahim Rasheed are meanwhile campaigning in Meemu atoll for Ibrahim Latheef, MDP’s candidate for the Meemu Mulaku constituency atoll council seat.

Former President Nasheed visited islands in the Meemu Mulaku constituency last Tuesday to support Latheef’s candidacy.

In addition to the Mulaku and Bilehdhoo contests, by-elections are also due to take place on Monday, October 29, for a vacant island council seats each in Alif Dhaal Dhidhoo and Laamu Maibaidhoo.

Meanwhile, newspaper Haveeru reported today that a delegation from the Progressive Party of Maldives (PPM) departed Male’ for Laamu Maibaidhoo and Meemu Mulaku to campaign for the party’s candidates Hassan Adil and Ali Ibrahim.

The delegation includes PPM Parliamentary Group Leader and MP for Meemu Mulaku, Abdulla Yameen, and interim Deputy Leader Abdul Raheem Abdulla as well as other PPM MPs.

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High Court to decide on injunction for Nasheed trial

The High Court will decide on a request by former President Mohamed Nasheed’s legal team for an injunction halting his trial over the detention of Criminal Court Chief Judge Abdulla Mohamed at a hearing on November 4, the same day the trial at the Hulhumale’ Magistrate Court is set to resume.

Concluding today’s hearing of an appeal lodged by Nasheed’s legal team, challenging the Hulhumale’ Magistrate Court’s ruling on three procedural issues raised at the magistrate court’s first hearing on October 9, High Court Judge Shuaib Hussain Zakariya said the three-judge panel would issue a ruling on the injunction at the next hearing on the morning of November 4.

Speaking to press after the hearing, Nasheed’s lead attorney Hisaan Hussain explained that a request was made for a temporary injunction to suspend the criminal trial pending a ruling by the High Court on the procedural points.

“Today we submitted in detail the reasons we are seeking a temporary injunction,” she said. “In response, the Prosecutor General’s Office said they did not have anything further to say about issuing the injunction and to proceed in the way the court decides. That is, they do not object to [the court] issuing the injunction.”

On the High Court scheduling its next hearing for November 4, Hisaan noted that the next hearing at the Hulhumale’ Magistrate Court was scheduled for 4:00pm on the same day.

“We believe seeking an injunction is by its nature a matter of urgency,” she said. “So we have requested that the court expedite its decision on the injunction. We hope the court would make a decision before [November 4]. We will make such a request to the court in writing as well.”

At today’s hearing, Nasheed’s legal team raised the three procedural points dismissed by the Hulhumale’ Magistrate Court: a magistrate court holding a trial on a different island to where it was based; the constitutional legitimacy of the Hulhumale’ Magistrate Court; and the legality of the arrest warrant issued by the Hulhumale’ Magistrate Court, as such orders could only be issued by a court in the locality of the defendant’s permanent address.

At the October 9 hearing, the Hulhumale’ Magistrate Court summarily dismissed the first two points and agreed to hear the last issue. The court however ruled that the warrant was issued legally as it was following a precedent established by the High Court.

Meanwhile, the High Court today allowed the Attorney General’s Office (AGO) and Judicial Service Commission (JSC) to enter into the appeal case as third parties on the issue of the legitimacy of the Hulhumale’ Magistrate Court.

Lawyers from both institutions were present at today’s hearing. The state was represented by lawyers from the Prosecutor General’s Office (PGO).

Requesting the injunction, Hisaan reportedly argued that failure to do so could cause irreparable injury to the rights of the defendant as the Hulhumale’ Magistrate Court could conclude its trial and sentence the former President before the High Court ruled on the appeal.

While Deputy Solicitor General Ahmed Usham asked for an opportunity to respond to the request for an injunction, Judge Shuaib said that the three-judge panel had decided that the AGO attorney could not be allowed to argue regarding the injunction.

Former President Mohamed Nasheed also attended the hearing along with MPs, senior members and supporters of the formerly ruling Maldivian Democratic Party (MDP).

Almost an hour before the beginning of the hearing, police assisted by officers of the Maldives National Defence Force (MNDF) cordoned off the area surrounding the High Court at the former presidential palace.

“Unfair and unjust”

The MDP secretariat meanwhile issued a statement in the wake of the hearing expressing concern with the High Court’s scheduling of its next hearing for November 4.

“The party believes that the result of conducting both hearings on the same day will be the defence attorneys losing the opportunity to prepare for the original case at the ‘Hulhumale’ Magistrate Court’,” the statement read.

The MDP statement contended that the defence attorneys could only prepare for the trial based on the decision on the procedural processes.

The party also noted that the High Court has in the past conducted hearings at night and on public holidays to issue temporary injunctions.

“However, while a week has passed since the appeal and request for an injunction on behalf of President Nasheed has been filed at the High Court when the hearing was held today, the party believes that the decision to issue a ruling on the injunction on the same day the original case is to be conducted at the ‘Hulhumale’ Magistrate Court’ is neither fair nor just,” the party said.

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MVR 500,000 paid to Gayoom’s parliament appointees

The state has paid approximately MVR 500,000 (US$32,425) each as compensation to eight MPs appointed to parliament by former President Maumoon Abdul Gayoom, following a Supreme Court ruling in March that their removal was unconstitutional.

The Supreme Court ruled on March 13 that the removal of the eight presidential appointees in late 2008 by incoming President Mohamed Nasheed – who replaced the eight with his own appointees – was unconstitutional and ordered the state to compensate the MPs for salaries and allowances due for the remainder of the last parliamentary session of the 16th parliament.

The Supreme Court ruling had overruled judgments by the Civil Court and High Court.

Local daily Haveeru reported yesterday that one MP had been paid MVR 407,000 (US$26,394) so far. The former MP, who wished to remain anonymous, was quoted as saying that the “Finance [Ministry] told some of the MPs that the amounts cannot be paid now due to the financial constraints of the state.”

“As far as I know, the state will pay them over a period,” the anonymous MP added.

The case was filed by former President Gayoom’s appointees Rozaina Adam and Ahmed Mahloof. While both were elected to the 17th parliament on a Dhivehi Rayyithunge Party (DRP) ticket, MP Mahloof left the DRP to join former President Gayoom’s Progressive Party of Maldives (PPM).

The case reached the Supreme Court one and a half years ago after the Civil Court and High Court ruled that the Nasheed administration had the legal authority to dismiss Gayoom appointees.

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Former President Nasheed returns to Male’ after participating in jury for Zyed Future Energy Prize

Former President Mohamed Nasheed returned to Male’ on Friday afternoon after a visit to the United Arab Emirates to participate in the jury panel to select winners of the annual Zyed Future Energy Prize, an international award to recognise innovation, leadership and impact in renewable energy and sustainability.

This year’s winners will be announced at a ceremony on January 15, 2013.

Upon arrival in Male’, the former President was greeted at the jetty by supporters and members of the Maldivian Democratic Party (MDP).

Former President Nasheed was granted permission to travel by the Hulhumale’ Magistrate Court, which had earlier ordered his passport be held until conclusion of Nasheed’s trial over the detention of Criminal Court Chief Judge Abdulla Mohamed.

According to the Emirates News Agency, Nasheed along with other jury members Olaf Ragnar Grimsson, the President of Iceland, and Elizabeth Dipuo Peters, Minister of Energy for South Africa, toured Shams 1 – the 100 megawatt Concentrated Solar Power (CSP) facility in the Western region of Abu Dhabi.

President Nasheed was also named in the jury for the Zyed Future Energy Prize in 2011 along with Leonardo Dicaprio, Oscar-winning actor; Andre Agassi, Grand Slam tennis champion; Cherie Blair, wife of former British Prime Minister; and Elizabeth Dipuo Peters, South African Minister of Energy.

The annual Zayed Future Energy Prize is open to individuals, large companies, entrepreneurs, small- to medium-size enterprises (SMEs) and NGOs in the field of renewable energy and sustainability. Award category and prizes are: SMEs/NGOs: $1.5 million (winner), $1m (first runner-up), and $500,000 (second runner-up); Lifetime Achievement — Individual: $500,000; large corporations: Recognition Award.

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Government urges CMAG to remove Maldives from agenda

The government has sent a statement to the Commonwealth Ministerial Action Group’s (CMAG) demanding its removal from the group’s agenda, ahead of its teleconference this Tuesday (August 11).

In the statement, dated September 7, the government argues that there remains “simply no justification for keeping the Maldives on the [CMAG] agenda”.

The CMAG had placed the Maldives on its formal agenda in February although President Dr Mohamed Waheed Hassan’s government has maintained that the group “lacked the mandate” to to so.

Waheed’s government also spent £75,000 (MVR 1.81 million) on advice from former UK Attorney General and member of the House of Lords, Baroness Patricia Scotland, in a bid to challenge what they deemed was the Commonwealth’s “biased” stance on the Maldives, and has continued to express disapproval at what it terms “interference” by the Commonwealth.

The government’s statement offers five reasons in support of its removal from the CMAG agenda.

Firstly, the government pointed out that the recently completed Commission of National Inquiry (CNI) had found no legal issues surrounding the transfer of power, adding that its international observers had hailed the report as “exemplary.”

The publication of the CNI was closely followed by an independent legal analysis which has raised serious doubts over the credibility of the CNI’s findings.

The teleconference statement added that former President Mohamed Nasheed had also welcomed the report, “though with some caveats”.

The most notable of the caveats mentioned by Nasheed was that the report left the country in a “comical” situation “where toppling the government by brute force is taken to be a reasonable course of action.”

Secondly, the government reasons that the CNI’s findings of police brutality are already being acted upon by the relevant independent institutions – the Police Integrity Commission (PIC), the Human Rights Commission (HRCM) and the Prosecutor General (PG).

The onus placed on these institutions since the release of the report has again raised doubts as to their ability to handle these politically sensitive investigations.

However, the fourth reason cited for the removal from CMAG’s agenda was the government’s willingness to expand cooperation with the Commonwealth in order to strengthen the institutional infrastructure.

This willingness to enhance relations with the Commonwealth appears at odds with the apparent enmity shown by senior figures towards the organisation since the CNI’s release.

Both Dunya Maumoon, State Minister for Foreign Affairs, and Dr Hassan Saeed, Special Advisor to the President, have publicly argued that the Maldives had been treated unfairly, suggesting that the country should leave the organisation should it not be removed from the CMAG agenda without delay.

“Should the Maldives continue to be kept on the CMAG agenda, I have to say that there are a lot of citizens and very senior members of the government who have many serious concerns regarding whether the Maldives will stay on as a member of the Commonwealth,” Dunya told the press last Thursday.

Dr Hassan launched a scathing attack in a comment piece for local newspaper Haveeru, in which he argued that the Maldives had received “third class justice” from the Commonwealth.

“It is my belief that the Commonwealth and its institutions have treated us very badly,” wrote Dr Hassan.

“I would now argue that if CMAG does not remove the Maldives from its agenda in its next teleconference on 11th of this month, we should end our relationship with the Commonwealth and look to other relationships that reflect modern realities of the world,” he said.

President’s Office Spokesman Abbas Adil Riza was reported in local media today as saying that he does not feel CMAG should intervene in any future challenges the country faces.

When discussing the current visit of Commonwealth Special Envoy Sir Donald McKinnon, Abbas said he felt this would be McKinnon’s last visit to the country.

The third reason listed by the government in its statement to CMAG argues that calm had been maintained “despite some serious efforts by the opposition to create unrest.”

Although there was widespread anticipation of unrest before the release of the CNI with Nasheed at one point calling for his supporters to “topple the government”, the demonstrations surrounding the report’s release were not accompanied by a notable increase in violence.

The presence of international news crews in anticipation of unrest did, however, did lead to greater coverage of the ensuing protests.

The statement also mentions the initiation of the ‘Leader’s Dialogue’ talks which it claims will focus discussion on practical issues such as legislation which will ensure elections next year can be held freely and fairly.

Finally, the government argues that the stigma of remaining on the CMAG agenda is negatively affecting foreign investment and tourism in the country.

“The Maldives, which is one of the smallest countries in the Commonwealth, is experiencing difficulties in finalising foreign investment projects, and in some cases, concessional loan financing, as well as a drop in tourist arrivals into the country as a result of being on the CMAG agenda,” read the statement.

Ministry of Tourism figures show that this year’s tourist arrivals had grown just 2.8 percent compared to the same period in 2011. Figures for 2011, however, showed growth of 17.6 percent compared with 2010’s arrivals.

President Waheed travelled to China last week where he finalised agreements for a US$500 million loan (MVR7.7billion).

“It is therefore time that the Maldives is removed from the formal agenda of the CMAG and allow the government to focus on what it is expected to do; cultivating and nurturing democracy in the Maldivian society,” concludes the statement.

“After all, in democracies, governments are answerable to the people,” it finishes.

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PPM to propose removing Nasheed nominee from CNI

Former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM) has said that it will propose removing Ahmed ‘Gahaa’ Saeed from the Commission of National Inquiry (CNI) after the nominee of former President Mohamed Nasheed publicly criticised the commission’s draft report yesterday.

Speaking at press conference today, Fonadhoo MP and PPM interim council member, Abdul Raheem Abdulla, condemned Saeed’s remarks as “a serious betrayal of the people and the government” and said that the party planned to send a letter to President Mohamed Waheed requesting his “immediate removal”.

“We believe that it is completely unacceptable for a person on such a commission to give interviews publicly about the report before the final outcome or report is released,” he said.

In a brief statement to media outside Muleeage yesterday, Saeed said that the draft report presented to the commission by co-chair G P Selvam, a retired Singaporean judge, “somewhat refutes or denies what we Maldivians saw and experienced” on February 7, when former President Nasheed resigned after elements of the police and army assaulted civilians, ransacked MDP Haruge (meeting hall) and mutinied at the Republic Square.

“February 7, 2012 was a day that shocked Maldivians – a day when the Maldivian government was changed in a sudden confusion. Now, however, the report that Judge Selvam has written and brought is a draft that somewhat refutes or denies what we Maldivians saw and experienced – or a draft that somewhat confuses things, the way it is now,” Saeed explained.

“While this is happening, for me to stay here, at Muleeage, would I believe be a betrayal of my country and the Maldivian people. I see the draft report as having been written without considering the witness testimony of many, many people to CNI as well as the many scenes we saw.”

Saeed added that he would continue efforts to “include my concerns” in the final report.

In the wake of Saeed’s media statement, government spokesperson Abbas Adil Riza argued in local media that Saeed had violated the agreement with the Commonwealth concerning the reconstituted CNI.

“The Commonwealth agreement Nasheed signed states that a Singaporean Judge will reside in CNI. No one must interfere with the work of the commission and also states that everyone must accept the findings of the commission. But the representative from Nasheed sharing the draft report with the public is an indication that Nasheed does not respect any agreement,” Abbas was quoted as saying in newspaper Haveeru.

Meanwhile, speaking at a PPM rally Saturday night, former President Gayoom assured supporters that there was “no cause for concern” over the CNI outcome.

CNI members were “reputable people with high integrity,” Gayoom said, adding that the report would not contain “anything but the truth.”

However, immediately after giving a statement to CNI on July 30, Gayoom had said he would not accept that Nasheed’s government was toppled in a coup d’etat even if the commission came to that conclusion.

Reconstituted CNI

The first three-member CNI panel was appointed by President Mohamed Waheed to investigate the circumstances that brought him to office with former President Gayoom’s one-time Defence Minister, Ismail Shafeeu, serving as chair.

Facing pressure from the Commonwealth and civil society NGOs regarding the commission’s lack of independence and impartiality, the government eventually agreed to reform the CNI to include a retired Singaporean judge and a nominee from Nasheed.

Nasheed’s representative, Saeed, who was formerly both Principal of ‘Ahmadiyya School’ and Deputy Principal of the British College of Sri Lanka was finally accepted after the government of President Waheed rejected almost 11 names Nasheed proposed to the commission.

In a statement welcoming the government’s acceptance of Nasheed’s nomination of Saeed, Commonwealth Special Envoy to Maldives Sir Donald McKinnon expressed satisfaction with “the resolution on the issue of Mr Nasheed’s nominee.”

“Now that we have agreement on the reconstituted Commission, I look forward to it starting its work and carrying out its important mandate. I hope also that with its enhanced terms of reference and revised composition, the Commission will be a more broadly acceptable mechanism and will allow the country to move forward,” the statement read.

Following Saeed’s criticism of the draft report, the formerly ruling Maldivian Democratic Party (MDP) convened an emergency meeting of the party’s National Council and passed a resolution expressing concern in line with Saeed’s reservations.

The resolution stated that the CNI report must be compiled in accordance with the agreement signed between the government and the Commonwealth, which stipulated that instead of relying solely on witness statements, the commission would also accept photos, videos, audios, personal bank statements and phone recordings as evidence.

However, at a press conference on August 2, commission members revealed “difficulties in getting the phone recordings” from the Telecommunications Authority of Maldives (TAM).

Meanwhile, according to local media reports, retired Brigadier General Ibrahim Mohamed Didi attended the commission at 4:30pm yesterday to provide his statement on February 7, two days before the final report is due to be shared with the authorities.

Didi, who resigned in July, was the Male’ Area Commander of the Maldives National Defence Force (MNDF) at the time of President Nasheed’s resignation.

Prior to attending the commission, Didi told private broadcaster Raajje TV that he had been awaiting an invitation to testify before CNI.

While he did not wish to discuss the events leading up to President Nasheed’s resignation, Didi said “I know how it happened very well. I don’t think there would be any other officer who would know what happened in Male’ on the 6th and 7th [of February] better than I. But I am not ready to share it with the media.”

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MDP commemorates ‘Black Friday’ anniversary

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

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

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

August 12, 13
Black Friday gathering

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

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

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

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

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

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

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

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

‘The hidden baton’

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

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

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

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

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

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

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

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

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

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

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