MDP calls on Supreme Court to remain within “legal ambit of the constitution”

The Maldivian Democratic Party (MDP) has called on the Supreme Court to “restrain itself to the legal ambit of the constitution” in an open letter from the party’s chairperson ‘Reeko’ Moosa Manik to Chief Justice Ahmed Faiz Hussain on Tuesday (September 24).

The party contended that its lawyers Hassan Latheef and Hisaan Hussain were “unlawfully suspended” by the apex court in ongoing proceedings of the Jumhooree Party’s case against the Elections Commission (EC) seeking annulment of the first round of the presidential election on September 7.

Despite the Maldivian Democratic Party’s legal team claiming that proceedings cannot be held without their representation, the court’s decision to proceed regardless is in breach of the constitution, laws, regulation and juridical norms adhered to in the Maldives thus far,” the letter stated.

“Furthermore, it is of concern that during the proceedings there was apparent deferential treatment towards other parties to the case. Therefore, considering the manner in which the court has acted during these proceedings thus far, and since the party believes that proceedings will not continue in a way which guarantees the rights of the 95,000 people who publicly shown support for the party, this party wishes to revoke its inter-partes claim to the motion filed at the court.”

The MDP lawyers along with EC lawyer Husnu Suood were barred from proceedings by the Supreme Court yesterday for publicly criticising the court’s order indefinitely postponing the second round run-off of the presidential election scheduled for September 28.

“Journey to Justice”

In the wake of the Supreme Court’s stay order (Dhivehi) on Monday night (September 23), the party’s National Council passed a resolution approving continuous protests until a date was given for the run-off election.

MDP Spokesperson Hamed Abdul Ghafoor described the Supreme Court’s suspension of the election pending a judgment on the JP’s case as “a cynical attempt by President [Mohamed] Nasheed’s political opponents to delay an election they feared they were likely to lose.”

Nasheed emerged as the front runner in the first round of the polls with 45.45 percent (95,224 votes), followed by Progressive Party of Maldives (PPM) candidate Abdulla Yameen who received 25.35 percent (53,099 votes). The JP candidate Gasim Ibrahim narrowly missed out on the run-off with 24.07 percent (50,422) and contested the results at the Supreme Court alleging electoral fraud.

The JP and the PPM welcomed the Supreme Court injunction as a positive step towards ensuring a free and fair election. PPM candidate Abdulla Yameen told Minivan News that there was “nothing unconstitutional” with the court order.

“The Elections Commission got the opportunity to argue out their case and establish the credibility of the process,” he said.

The MDP yesterday relaunched its “Journey to Justice” demonstration at the Raalhugadu (surf point) area of the capital Male’ – 18 months after being evicted from the site by security forces – where it had set up a protest camp in February 2012 following former President Mohamed Nasheed’s resignation in what the party has maintained was a “coup d’etat” instigated by mutinous elements of the police and military working with the then-opposition.

The MDP chairperson’s letter to the Chief Justice meanwhile called upon the highest court of appeal to “uphold Article 8 of the Constitution [which] states that all powers of the State shall be exercised in accordance with the Constitution, Article 299 sub-article (a) that states that the administrators of justice shall wholly comply with the provisions of the Constitution, and Article 142 which stipulates that judges are subject to the Constitution and the law.”

The party contends that the court’s order disregarded article 111(a) of the constitution, which states that “a run-off election must be held within twenty one days after the first election.”

In his speech at the Raalhugadu protest site last night, Speaker of Parliament Abdulla Shahid asserted that the Supreme Court did not have the authority to override “any article of the constitution or even a letter of that article.”

Constitutional provisions could only be suspended by the president after declaring a state of emergency, Shahid explained, which has to first be approved by parliament.

Suspension of lawyers

In June 2012, lawyers held a crisis meeting following the publication by the Supreme Court of controversial regulations requiring all practicing lawyers to be registered at a court.

The regulations also authorised the courts to suspend lawyers for publicly criticising the judiciary or court decisions.

In February 2013, the Supreme Court suspended lawyer Abdulla Haseen after he criticised the judiciary on the MDP-aligned Raajje TV. Haseen was barred from advocating in any court in the country while the Supreme Court asked police to investigate him for contempt of court.

The Prosecutor General’s Office (PGO) however decided not to prosecute Haseen after police concluded its investigation.

Moreover, earlier this month, MDP MP Imthiyaz Fahmy was charged with contempt of court for allegedly defaming Supreme Court Justices on a Raajje TV programme.

In her report on the Maldivian judiciary, UN Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, wrote that the “enforcement of compulsory registration of lawyers with the courts is also unacceptable.”

“The regulation of disciplinary measures against lawyers falls outside of the prerogative of the judiciary or any other branch of power and contradicts the principle of independence of the legal profession. During her visit, the case of a lawyer who had been indefinitely suspended by the Supreme Court for allegedly criticizing one of its judgements in public was reported to the Special Rapporteur. Such a suspension leaves no avenue for appeal and review and it represents a violation of the rights of the lawyer,” the report stated.

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AG’s election intervention constitutional, yet morally questionable: senior legal source

Attorney General (AG) Azima Shukoor’s intervention in a Supreme Court case against the Elections Commission (EC) is constitutional, despite questions over the “moral grounds” for her involvement, a senior legal expert with experience working in government has said.

AG Azima last week intervened in a Supreme Court case filed by the Jumhooree Party (JP) seeking the annulment of the September 7 presidential election.

While the AG herself is not reported to be seeking an annulment of the first round of voting, she has asked the country’s apex court to order the prosecutor general and the police to investigate alleged electoral fraud after noting “serious issues”.

With no constitutional clause requiring the the AG’s involvement in the case, the intervention was made at the personal discretion of Azima, according to the confidential legal source.

The first round of voting has been met with unanimous confidence from local NGOs and international election observers over the credibility of the polls, amidst calls for the the second round of voting to proceed as scheduled.

The run-off vote is presently scheduled to be contested on September 28, between former President Mohamed Nasheed of the opposition Maldivian Democratic Party (MDP) and second placed candidate Abdulla Yameen of the Progressive Party of Maldives (PPM).

“Public interest”

The source – who has served in a senior legal capacity under the last two governments – maintained that the AG was entitled to enter a case she personally deemed to be in the “public interest”.

However, with Azima representing the government, whose incumbent President Dr Mohamed Waheed secured five per cent of the vote in the first round of polls, the legal source said some of his peers were questioning the AG’s mandate to seemingly take sides in the JP’s case.

“Having spoken with other lawyers, how would the AG, who represents a candidate with only five percent of the public vote, decide what is in the public interest [in regards to the election case]? The AG can decide what is in the public interest, but I do not believe she has sufficient moral grounds to do so [with this case],” the source argued.

The same source added that the AG’s role in the ongoing Supreme Court case was complicated by the Maldives’ present lack of general rules or legislation regulating issues such as conflict of interest and similar ethical issues within the court system.

“Problem with the AG is that she is currently the authority on ethics of other lawyers and when to reprimand them,” the legal figure added. “We also lack a legal and judicial culture to really appreciate the idea of professional ethics.”

“No comment”

Rather than appearing to back the grievances of the JP, the senior legal figure said the correct procedure for the AG would have been to provide ‘”no comment” to the court when asked about the capability of the EC.

The source pointed to previous conduct of the Prosecutor General’s Office (PGO) in a case, where the institution had been asked to defend the Maldives Police Service against allegations of arresting people outside of correct procedure.

With the High Court requesting the PGO to answer for police in the case, state prosecutors – concerned the MPS may be at fault – opted to provide a ‘no comment’ on the matter.

The legal source claimed that such a move – based on best practices from across the international community – allowed the courts to infer that police had acted outside of regulations without the PGO taking a side on the matter.

The legal figure also said that, although the AG was permitted to take a side in the case, she should not vocally back a specific party.

AG denies taking sides

Speaking during a Supreme Court hearing on September 18, Attorney General Azima told the court that the state was not taking sides in the legal dispute.

The opposition Maldivian Democratic Party (MDP) decided on Friday (September 20) are currently pursuing a no-confidence motion against Azima, as well as for a change the composition of the Supreme Court bench.

The MDP had  previously accused the Azima of advocating against “the interests of a state institution or the state and in favour of the Jumhooree Party’s self-interest.”

The AG, however, repeated her claims that the her office had come across discrepancies in the voter registry published by the EC prior to the election.

“There were names of underage people in the list. There were names repeated in the list. Unless these issues are resolved before holding the second round of the elections, rights of many voters will be undermined,” Shukoor told the court.

AG Azima and Deputy AG Ahmed Usham were not responding to requests for information at time of press.

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President Waheed meets US Ambassador Sison

President Dr Mohamed Waheed met with Ambassador of the United States accredited to the Maldives Michele J. Sison in Male’ yesterday (September 11).

According to the President’s Office, Ambassador Sison discussed the election held on September 7, as well as the upcoming run-off vote scheduled for September 28, which has been required after no single candidate was able to receive 51 percent of the ballots cast.

President Waheed added that he remained committed to ensuring stability and calm in the country as the election process continued.

Meanwhile, Sison stated that with independent observers having provided positive feedback on the first round election, she requested the same level of stability for the second round of voting.

The US ambassador also met yesterday with former President Mohamed Nasheed, who will contest the run-off poll as the Maldivian Democratic Party (MDP) candidate against MP Abdulla Yameen of the Progressive Party of Maldives (PPM).

During the meeting, Nasheed and the US ambassador discussed the outcome of last Saturday’s presidential election and the scheduled run-off contest scheduled for September 28.

Nasheed also expressed concern over current Commissioner of Police Abdulla Riyaz, who was found guilty of posting a politicised tweet on social media by the Police Integrity Commission.

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Police operate under “law of the land”, not the orders of individuals: Commissioner Riyaz

Additional reporting by Mariyath Mohamed

Police Commissioner Abdulla Riyaz has dismissed opposition allegations of the possible politicisation of officers during the presidential election, scheduled for September 7, maintaining that the institution is bound by the “law of the land” and not any one individual.

In the lead up to this month’s polling, the opposition Maldivian Democratic Party (MDP) has continued to accuse the chief of police of conducting “overtly political” actions, while also being a key player in the controversial transfer of power on February 7, 2012 – which it maintains was a “coup d’etat”.

Commissioner Riyaz is currently under investigation by the Police Integrity Commission (PIC) over the temporary publication of a letter on Twitter that was allegedly written by a third party urging officers to vote against MDP candidate and former President Mohamed Nasheed.

Article 69 of the Police Act states, “It shall be illegal for any police officer to commit any of the following acts even in his or her personal capacity, a) Committing any act or participating in any activity that obstructs the performance of his or her duty without bias or partiality b) Committing any act or participating in any activity that could create doubts in the minds of citizens/the public concerning the performance of his duty without bias or partiality c) Becoming a member of any political party, or participating in any activity organised by a political party, or providing financial assistance to a political party.”

Nasheed resigned from office last year following a police and military mutiny that led to Riyaz being appointed as chief of police.

While the investigation over the Twitter case is pending, the PIC yesterday ruled that the commissioner had been appointed to his position in compliance with the Police Act, and that his appointment was lawful.

Meanwhile, Riyaz stressed in July this year the police service will continue to refuse any orders it decides are “unconstitutional” after expressing concerns over leaked proposals allegedly devised by the MDP to reform the country’s security forces should it win the upcoming election.

Committed to transparency

Speaking to media in Male’ today, the police commissioner said the institution was committed to transparency in providing election security.

However, he declined to discuss the investigation into the content of a previous controversial post on his official Twitter page, or the issue of why officers were today seen by local media removing campaign posters and images posted on private property, depicting a violent crackdown against MDP supporters by authorities directly following the change in government last year.

The commissioner said he could only answer questions on matters relating to Saturday’s election, while also rejecting accusations that the Maldives Police Service favoured any specific candidate during voting.

“The Maldives Police Service is an institution and not an individual. We are bound by the constitution to make sure officers operate with the laws of the land,” he said. “Yes, there have been some allegations [of politicisation among senior officers including himself] from one party out of several, but we do our best to be transparent.”

Riyaz told Minivan News that the MDP – as the country’s sole opposition – has been invited to four separate meetings held for political parties to discuss any concerns regarding the police strategy to produce election security on polling day.

He added that the party had declined to attend on all occasions.

“My message would be is that all officers must act in accordance to the law and human rights,” Riyaz said.

Electoral security plans

The commissioner also today updated local media on the police service’s election security plans that will see officers stationed on all inhabited islands by this evening under the name ‘Operation Blue Waves‘.

Riyaz said he was calling on all “political actors and their supporters”, as well as the general public to ensure officers were provided with maximum cooperation to officers involved in providing security during the election.

“I also urge everyone to maintain peace, and should they have any concerns, to address them within due process,” he advised.

“We must set an example to the world by showing that we can get through this elections while maintaining absolute peace and stability.”

In comparison to the country’s first multi-party election held in 2008, Riyaz described the present election campaign period as being generally peaceful despite a “few incidents” occurring, arguing he had received no complaints of any presidential candidate being refused entry to islands.

“I have personally observed how ready our teams are to deal with any situation that may arise. Each officer knows their role and responsibility. We are working closely with the Elections Commission (EC) under an MOU we signed, and are also working with the Maldives National Defence Force (MNDF). I am certain that this election day will proceed peacefully, without incident,” he continued.

Despite anticipating a peaceful vote, Riyaz added that SWAT teams and Special Operations (SO) Officers had been provided with election-related training, but would only deployed as a “last resort”.

“Here is the thing, we will only be using the ‘Blues’ [general police officers] for election security purposes. Only if things escalate, and special response teams need to be deployed will we use the SO and SWAT teams. They will only be used as a last and final resort when we absolutely have to. We will try our best to avoid deploying them,” he responded.

The commissioner said that UN human rights experts had also held training with both the SO and SWAT teams on overseeing polling efficiently.

“The team they trained then held wider sessions for the rest of the police force. Our aim is to protect all citizens of Maldives, and all officers are trained to do so,” he said.

As part of the police’s election security strategy, Riyaz added that the Commonwealth had also provided a technical expert who was continuing to assist the institution and provide feedback on their plans for the election day.

The technical consultant, Eldred de Klerk, today met with officers from the country’s South Police Division based in Addu to try to get an understanding of their work and technical capabilities available on the ground during polling.

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Can Maldivian institutions ensure free and fair polls?: The Hindu

“A free and fair poll will depend on how the fledgling institutions in Maldives — which began operating in a democratic space after the first real multi-party presidential polls in 2008 — cope with the competing demands,” writes R. K Radhakrishnan for the ‘The Hindu’ newspaper.

“It’s 11:oo pm on Tuesday (September 3) in Male’s artificial beach, which serves as a meeting ground for people and an open-air sports complex, but no one seems to be in a hurry to leave.

A blaring music system belts out techno, pop, soft rock and even blues. Nearby, youngsters play some serious basketball.

Welcome to the ‘3 on 3 street challenge’, tournament, conducted by the youth wing of a political party, the Progressive Party of Maldives (PPM). As many as 16 men’s teams compete for the MVR 40,000 ( $2,600 approximately) prize money.

There is a handsome cheque for runners-up too. And, there’s also a tournament for women, with a fourth of the prize money. The finals will be held on September 4, barely three days ahead of the vote! ‘3’ is PPM presidential hopeful Abdulla Yameen’s number on the ballot paper.

Elsewhere, Maldivian President Mohamed Waheed, who is running as an independent candidate, inaugurated a new airport on September 3. A day earlier, his cabinet annulled a decision to make Addu City Equatorial Convention Zone – where the last Saarc summit was held – an uninhabited area. A third presidential candidate, multi-millionaire resort tycoon Qasim Ibrahim, has been accused by rivals, including the Maldivian Democratic Party (MDP) of distributing freebies to voters to garner votes.

“There is no electoral offences act,” says Ahmed Najaaf Saleem of Transparency Maldives, which has the largest number of observers on the ground for the elections. “The complaints mechanism of the elections commission has been an utter failure,” he added.

The Elections Commission (EC) has not laid down the ground rules for activities such as sports meets of inaugurations. The only criterion available now is that a candidate can spend MYR 360 million for the election. This is calculated from the day of announcement of elections; the period before, and the expenditure incurred by the candidate’s party and others are not taken into consideration.

It’s not merely politicians who are indulging in acts that would be a direct violation of code of conduct in most democratic nations. It involves other institutions too. The head of the Maldivian Police Force, Abdulla Riyaz tweeted on September 1: ‘MPS created 9 years ago today. Thank you sir @maumoonagayoom for the executive decision to create a service for the protection of people.’

He was thanking former President Maumoon Gayoom, whose half-brother, Abdulla Yameen is a candidate.”

Read more.

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Supreme Court demands “free and fair” polls, while EC states no changes to voter registry

Download an English translation of the Supreme Court verdict

The Elections Commission (EC) has said no changes will be made to the voter registry for this month’s presidential election, following a Supreme Court order issued yesterday (September 2) demanding all institutions ensure free and fair polls.

Despite some political parties standing in the election having raised  several concerns over about the EC’s ability to oversee free and fair polls, the commission today stressed that its registry and schedule for Saturday’s voting was going forward as planned with international and local monitors poised to monitor proceedings.

The Supreme Court yesterday ordered all relevant authorities ensure a free and fair presidential election on Saturday (September 7), with the EC remaining duty bound to address any possible errors regarding details on the voter registry.

The order was made in response to a case filed by a senior Progressive Party of Maldives (PPM) member Ahmed Zaneen Adam questioning the EC’s capabilities to oversee a free vote.

Zaneen was today quoted in Sun Online as claiming that an additional 10,000 eligible voters would now be able added to the final electoral register without having to re-register with the EC as a result of the Supreme Court order.

PPM Mp Ahmed Nihan and vice presidential candidate Dr Mohamed Jameel Ahmed were not responding to requests for information at time of press.

No amendments

EC President Fuwad Thowfeek told Minivan News that in line with the Supreme Court’s ruling, the commission was committed to following electoral regulations but stressed that no amendments would be made to the final registry.

Thowfeek added that he had no knowledge of the additional 10,000 people wishing to vote in the upcoming poll, as referred to by Zaneen in local media.

“We have not been asked to make any changes to the [voter registry] and I believe the 10,000 people he mentioned are [Zaneen’s] own opinion. The voter list has now been finalised,” he said. “The Supreme Court has asked us to follow the laws on holding an election and this is what we are doing.”

Thowfeek added that the election was moving ahead as scheduled with ballot boxes and other necessary equipment including emergency lights, ink and paper all being taken to polling booths across the country in preparation for voting.

Alongside to the voter registry, the EC said it would also be working to keep pens provided at polling booth’s “safe” after the PPM and Jumhoree Party (JP) expressed concern this week over the possible use of ‘disappearing-ink pens’ to adversely alter the outcome of the election.

Thowfeek reiterated that while the EC would be providing voters with standard ballpoint pens at polling booths, voters concerned over the use of invisible ink could bring their own stationery to vote.

“Actually, it was a PPM member who showed one of these [invisible ink] pens to the media. This is the only one we have seen,” he said.

Thowfeek added that although pens inside poll booths will be monitored in order to try and prevent any tampering, he added that the public were requested not to accept any pens from people outside the polling booths.

“We have said that it may be best for voters to bring their own pen,” he added.

Thowfeek said that with hundreds of international and local observers overseeing Saturday’s vote representing NGOs, political parties and other institutions, the EC would be requesting that only one representative per group be allowed into the polling area at a time.

He stressed that all observers would be forbidden from touching ballot boxes or papers.

However, Thowfeek said that registered observers would be able to request that election officials address any concerns about vote counting once polls had closed on Saturday.

“They can for instance request to slow down the count if it is being done too quickly,” he said.

Download an English translation of the Supreme Court verdict

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PPM unveils economic plan, to release full manifesto in “days”

The Progressive Party of Maldives (PPM) has said it expects to release its full manifesto both in print and online in the next 48 hours.

After the party yesterday (August 30) unveiled its economic policy, PPM Youth Wing President Dhunya Maumoon was quoted as saying that a full manifesto document would be available to the public in the next “couple of days”, according to local newspaper Haveeru.

PPM Presidential Candidate Abdulla Yameen is the last individual contesting the election on September 7 not to have launched his full manifesto.

His rivals; MP Gasim Ibrahim of the Jumhoree Party (JP); President Dr Waheed – standing as an independent – and former President Mohamed Nasheed of the Maldivian Democratic Party (MDP) have all released blueprints for their respective plans if elected to office.

Yameen – half brother of former autocratic President Maumoon Abdul Gayoom – has this week nonetheless detailed key factors of the PPM’s economic policy should he become head of state.

According to Sun Online, the policy will include attempts to lower current interest rates on loans for develop tourism or fisheries businesses. He expressed concern that while interest on loans was offered by the country’s banks at a rate between 10 to 12 percent, members of public with savings in these same banks were receiving between three to four percent of their deposited funds.

Yameen was quoted pledging to try and curb the difference between the costs associated with borrowing and saving in the Maldives in line with other countries.

Current tourism Minister and PPM Deputy Leader Ahmed Adheeb also helped unveil the party’s economic policy, pledging to oversee “serious changes” to the country’s economy at macro-level.

According to Sun Online, Adheeb unveiled the party’s plan to launch ‘economic regions’, while also showing videos detailing several harbour constructions and a proposal for an airport in Kulhudhuffushi.

Minister Adheeb was not responding to calls at time of press, while Minivan News was awaiting a response from PPM MP Ahmed Nihan concerning the party’s manifesto launch.

Despite holding the largest number of MPs of any party serving in President Waheed’s coalition government, PPM Leader former President Gayoom earlier this week expressed concern that the Maldivian economy had been “seriously damaged and destroyed”.

He argued that Yameen was the only presidential candidate with the required experience to bring economic stability to the country.

JP manifesto

Speaking during the launch of its own manifesto earlier this month, the JP, led by business tycoon and MP Gasim Ibrahim, claimed it expected to finish above the Progressive Party of Maldives (PPM) in the first round of the upcoming presidential election, before securing a second round victory.

JP Policy Secretary Mohamed Ajmal has said the party’s manifesto included a pledge for a ‘holistic’ approach to taxation, promising to introduce income and capital gains tax, and increase taxation of the wealthy.

This would include reducing the 60-70 percent of national income devoted to recurrent expenditure to 40 percent, by investing in local infrastructure and raising revenue through the private sector.

The JP has also launched a ‘Religion and Nationalism’ policy, pledging to strengthen Islam in the Maldives, including the establishment of an Islamic University, introducing Arabic as a teaching medium, strengthening relations and donor ties with other Islamic nations, and making the Quran a mandatory school subject.

Forward with the nation coalition

Meanwhile, President Mohamed Waheed’s ‘forward with the nation’ coalition, which claims to have been the first party to fully outline its election plan after rolling out its policies in July and early August – has outlined four key campaign focuses based around Islam, social protection, education and environment.

Among the incumbent’s pledges are plans to establish “floating hospitals” in the north and south of the country, a 50 percent reduction in household energy bills, opportunities for empowering women along with the provision of social protection and education and vocational training for Maldivians up to 18 years of age.

MDP manifesto ‘Costed and budgeted’

The opposition MDP has published what it calls a ‘Costed and Budgeted’ manifesto, including plans to establish 51,000 job opportunities, a savings scheme for higher education, a student loan scheme, a MVR2000 (US$129) allowance for every single parent and person with special needs, and an allowance of MVR2300 (US$149) for the elderly.

Former President Nasheed also pointed out the importance of introducing a development bank in the Maldives during a rally to launch the full document on August 24.

“Take a look, this manifesto will not contain even a single policy which has not been accounted for. Even if we are asked to submit a budget to the parliament by tomorrow, we are ready to do so,” he said during the launch.

The party has separately unveiled policies based around expanding mid-market tourism through focusing on supporting guesthouses on inhabited islands, and a specific youth development plan focused on sports and entertainment.

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Maldives economy “seriously damaged and destroyed”: former President Gayoom

Former President Maumoon Abdul Gayoom has expressed concern that the Maldivian economy has been “seriously damaged and destroyed”.

Speaking during a campaign rally on the island of Kudahuvadhoo in Dhaalu Atoll, Progressive Party of Maldives (PPM) Leader Gayoom was quoted by Sun Online expressing concern at the “serious economic problems” presently facing the country.

Gayoom argued that PPM presidential candidate Abdulla Yameen was the most capable person to save the country’s economy based on his previous government experience.

The PPM, which has the second highest number of MPs behind the opposition Maldivian Democratic Party (MDP), is part of the current coalition government of President Dr Mohamed Waheed that came to power after the controversial transfer of power on February 7, 2012.

The former President’s concerns were raised as the Maldives Monetary Authority (MMA) this month criticised current levels of government expenditure as being “beyond appropriate”.

However, Finance Minister Abdulla Jihad responded at the time that efforts had been successful over the last twelve months to curb recurrent government expenditure, while state borrowing had remained consistent.

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MDP cautious over police conduct as Commonwealth assigns election security consultant

The Maldivian Democratic Party (MDP) has expressed caution following the Commonwealth’s decision to assign a security expert to observe police conduct during the 2013 presidential election.

The opposition party this week questioned the Commonwealth’s previous lack of success in ensuring security force reforms, adding that it remained “highly suspicious” of Police Commissioner Abdulla Riyaz’s conduct in the build up to the election.

Police announced this week that the Commonwealth had appointed Eldred de Klerk to assist with ensuring election security, a decision they declared was in line with “international best practices” after requesting the intergovernmental organisation provide consultancy services.

Police Commissioner Abdulla Riyaz met with de Klerk in Male’ on Sunday (August 26) to discuss his planned work ahead of the election.

Minivan News understands a similar request was made to the UN, which opted instead to work with others members of the international community to try and ensure the “smooth running” of next month’s election. Despite rejecting the police service’s request, a UN source today said it appreciated the Commonwealth’s contribution.

The Maldives Police Service earlier this month launched an operation to send large numbers of police officers to islands in preparation for the presidential election with the stated aim of ensuring voting goes peacefully.

Riyaz is also the subject of an ongoing Police Integrity Commission (PIC) investigation over whether he contravened regulations on political neutrality by publishing a letter written by a third party on Twitter urging officers to “say no” to former President Mohamed Nasheed.

The PIC has maintained that it had received no formal complaints concerning the tweet, but was instead investigating the case on the commission’s “own initiative”.

Contacted today on the status of its investigation into the post, the PIC said it was not the commission’s policy to give details of an ongoing case, while also declining to provide a time-line for whether such a “complicated” matter would be finished before September 7.

In July, Commissioner Riyaz said his institution would continue to refuse any orders it deems “unconstitutional”, after expressing concerns over leaked proposals allegedly devised by the MDP to reform the country’s security forces.

Party reaction

MDP MP Hamid Abdul Ghafoor said the party was cautious at the Commonwealth’s decision to provide an elections security consultant after it’s lack of success in ensuring the police reforms called for in the Commission of National Inquiry (CoNI) report it had backed.

“We will have to wait to find out if the Commonwealth is actually trying to help diffuse mutinous elements [in the police],” said Ghafoor.

The CoNI report was mandated to ascertain the truth behind the MDP’s allegations that former President Mohamed Nasheed was forced to resign from office on February 7, 2012, due to a “coup d’etat”, after sections of the police and military mutinied against the government.

While the CoNI report concluded there was “no coup, no duress and no mutiny” behind the change of government, the findings did urge changes to the country’s judiciary, legislature, certain independent institutions, and the police service.

The MDP added that it currently had no plans to meet with the Commonwealth’s election security consultant despite its concerns.

“It would be up to the consultant to come and talk with us,” Ghafoor said. “All we know is, if police try to cause any disruption during the election, all hell is going to break loose.”

Despite the MDP’s concerns, PPM MP Ahmed Nihan said the party welcomed the Commonwealth’s appointment of a security specialist to assist with ensuring election security ahead of what was likely to be a “highly competitive election”.

Nihan said that although police should have no role in running the election or visiting polling stations – unless required by the country’s Elections Commission (EC) – it was important that officers were present in case of significant disruption.

“Things can go wrong in any given circumstance,” he said, reiterating concerns expressed earlier this week by his party that “major incidents” on the day of voting could compromise a free and fair vote.

Elections Commission criticism

The PPM maintained that it was more concerned with the competency of the country’s EC and its commissioner Fuwad Thowfeek ahead of next month’s vote – rather than security issues with the police.

Nihan maintained that the PPM, along with election rival the Jumhoree Party (JP), were more concerned at what it alleged was the “mishandling” of the upcoming election by the EC, expressing particular concern over whether the commission’s president was fit for the post.

He accused the EC over the last two and a half months of failing to address the party’s concerns about holding free and fair polls, claiming it “could have done better”, while also questioning the timing of allowing IT experts from India to be programming software for the commission. Nihan accused the EC of only offering rebuttals to the party’s concerns.

However, EC President Fuwad Thowfeek this week told Minivan News that he had met with a PPM delegation several times in the build up to voting, providing what he called detailed queries to their questions.

“Every time [the EC has met with the PPM] we have very clearly explained everything to them, answered all their queries and gave very detailed responses to them,” he said. “But there are some demands that we cannot meet. For example, one of their demands was to see our IT section. They wanted to see the hardware and software of our network system, which we cannot do and we are not ready to do for the safety and security of our system.”

The Maldives NGO Federation last week expressed concern that political parties were attempting to discredit the Elections Commission (EC) by inciting hatred toward the institution in an effort to obstruct the holding of a free and fair presidential election.

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