Tag: Speaker Abdulla Shahid

MDP MP Jabir threatens to leave party after parliament evicts Housing Minister

Maldivian Democratic Party *MDP) MP Abdulla Jabir has threatened he will leave the MDP if Speaker of parliament Abdulla Shahid remains in the party.

Jabir’s comments came after the parliament forced Housing Minister Ahmed Muiz to leave the parliament when he came to attend a Finance Committee meeting to which he was invited.

Speaking to local media, Jabir said that although the current government was not legitimate the Speaker of parliament should inform him before forcing the Housing Minister to leave as Jabir was the Chair of the Finance Committee.

Jabir told the media that he wanted to meet the Housing Minister to clarify how the government was spending the budget as the government has expired at 12:00am today.

He also said the MDP should decide if they wanted Shahid or him and said that if MDP wants Shahid he would resign from the party. Jabir told the media that he would discuss the issue with Nasheed.

Housing Minister Muiz was asked to leave the parliament by the Sergeant-at-arms after MDP MPs complained to the speaker that there was no legal ground for Muiz to be in the parliament representing the Housing Ministry, following the expiry of President Waheed’s term.

The Speaker of Parliament has also sent a letter to President Dr Mohamed Waheed informing him that his term as president expired at midnight, and that he was no longer in command of the country.

As there is no other way to extend presidential term, the speaker informed Waheed: “The presidential term which began on 11 November 2008 ended on 10 November 2013 and the term cannot be extended unless the procedures laid out in Article 262 are followed.”

The Speaker also sent a similar letter to Chief Justice Ahmed Faiz, Chief of Defence Forces Major General Ahmed Shiyam, Elections Commission President Fuwad Thowfeek, Human Rights Commission of the Maldives President Mariyam Azra, Civil Service Commission President Dr Mohamed Latheef, Prosecutor General Ahmed Muizz, Auditor General Niyaz Ibrahim, and Anti corruption Commission President Hassan Luthfy.

Jabir is well known for his frequent defections from party to party. His first political party was the Dhivehi Rayithunge Party (DRP) during the presidency of Maumoon Abdul Gayyoom. He then joined former party of PPM Parliamentary Group leader MP Yameen Abdul Gayoom, the People’s Alliance (PA).

Jabir defected to the JP ahead of the 2008 presidential elections and backed JP leader and business tycoon Gasim Ibrahim, and wass appointed the party’s deputy leader.

He then went on to join the MDP and hold senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

However, during the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed, Jabir once again declared that he had defected from MDP back to the JP.

In the meantime Jabir’s wife, former SAARC Secretary General Dhiyana Saeed, also resigned from her position in SAARC and joined the opposition movement against former President Mohamed Nasheed.

Jabir became an MP after winning the by-election held to elect an MP to the vacant seat of Kaashidhoo constituency on a JP ticket. He was backed by President Waheed and a coalition of parties supporting his government.

The PPM who initially had their own candidate for the election also backed Jabir. He rejoined MDP in December 2012.

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International community obliged to delegitimise President Waheed: Nasheed

Maldivian Democratic Party (MDP) presidential candidate and former President Mohamed Nasheed has called on the international community not to recognise President Dr Mohamed Waheed Hassan should he stay in power beyond the end of the current presidential term at midnight tonight.

The Supreme Court in a ruling yesterday said Waheed’s presidency continues until a president elect is determined, invalidating a People’s Majlis resolution authorizing the speaker to assume the presidency in the absence of a president-elect.

Speaking to the press today, Nasheed said, “In my view, the international community is partly responsible for the messy situation here in the Maldives. We had a perfect well-oiled government in 2012. They came and they recognised my Vice President as the head of state. They have an obligation not to recognise him after the end of that period.”

Nasheed has called on Waheed to resign, allow Majlis Speaker Abdulla Shahid to assume the presidency and conduct the second round of presidential elections on November 16.

“We would hope that Dr Waheed will resign tonight and we are seeking for an election held with Shahid, the speaker of parliament, as head of state,” he said.

Waheed was Nasheed’s second in command, and came to the presidency on February 7, 2012, after elements of the police and military mutinied against Nasheed. The first democratically elected president publicly resigned, later alleging that he was ousted in a coup d’état.

Nasheed emerged as the frontrunner in yesterday’s presidential polls with 46.93 percent of the vote. He is set to compete against Progressive Party of the Maldives’s (PPM) Abdulla Yameen who won 29.73 percent.

A second round of elections was scheduled for today in order to ensure a president elect is determined by the end of the presidential term, but the Supreme Court in the early hours of the morning rescheduled the vote to November 16, reiterating the continuity of Waheed’s administration.

Beyond November 11

Speaking to the press on multiple occasions, Waheed has previously said he does not wish to stay on as president “even a day beyond November 11.” The President’s Office has not responded to the Supreme Court’s ruling on continuity of Waheed’s administration.

Nasheed described the Supreme Court as “vested interests”, and called on the international community “not to entertain” the apex court.

The Supreme Court annulled the first round of presidential polls held on September 7 despite unanimous praise of electoral conduct, and delineated 16 guidelines on electoral processes, limiting the independence of the Elections Commission and effectively giving veto power over elections to presidential candidates.

On October 19, the police brought elections to a halt after two of the three presidential candidates refused to sign the voter registry.

“[I]t is very clear to them now that the Supreme Court does not resemble any idea of a court. So I don’t believe the international community actually seriously takes the Supreme Court into account. And I would want them to very clearly indicate to the people of the Maldives, that they are with the constitution of the Maldives and not with the vested interests,” Nasheed said.

Further, an election conducted under Waheed’s leadership would be unconstitutional and “it would be very difficult” for the MDP to participate in such an election as such an election is open to interference from the Supreme Court, he added.

“We do not believe that if President Waheed continues in government that he would – or people aligned with him, working with him, in alliance with him – would want an election in the country. I think it is very clear that elections would go our way. If they do not intend to transfer power legally, then we do not see how they would want to have an election. So we don’t think there could be a conducive environment for elections. The Supreme Court will come out with another ruling upon the military or upon the police to definitely obstruct the elections. Come 16th of November, we will be back to square one,” he added.

Speaker to reach out

Meanwhile, Waheed’s Vice President Waheed Deen has stepped down today and a petition by mid ranking officers of the Maldives National Defense Forces (MNDF) calling on the army not to obey any order made by Waheed or his political appointees after November 11 has been circulating on social media.

The Progressive Party of the Maldives (PPM) has come out in support of Waheed assuming the presidency.

Speaking to the press last night, the PPM’s presidential candidate Yameen said: “Now the Supreme Court verdict has come the way President Waheed hoped for or wanted. So I am certain that President Waheed will stay with the Maldivian people at this most difficult time we are facing. I have no doubt about that.”

But Nasheed said the spirit of the constitution was for the People’s Majlis speaker to assume the presidency in the absence of a president and vice president as Article 124 (b) confers presidential powers to the Speaker if the presidency becomes vacant for any reason.

The speaker is expected to reach out to the different arms of the government and the security forces today, he said.

Speaking to Minivan News last week, Shahid said that if the reigns of power are taken over by an unelected body on November 11, it would mark the death of democracy in the Maldives.

Should he assume presidency, his role would be to ensure an election as soon as possible, Shahid said.

“To make sure that we hold an election as soon as possible and that the country is put back on track. That the opportunity for the people to have their say is provided and an elected leader is put in place. And then my job is done. The sooner the better. This is not an opportunity I cherish at all, to be an interim caretaker for this country,” he said.

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Q&A: People’s Majlis Speaker Abdulla Shahid

On October 27, the People’s Majlis passed a resolution to hand over executive powers to the Majlis Speaker if there is no president-elect at the end of the current presidential term on November 11. Subsequently, 15 MPs of the Progressive Party of the Maldives (PPM), the Jumhooree Party (JP), Maldives Development Alliance (MDA) and Adhaalath Party (AP) filed a no confidence motion against Speaker Abdulla Shahid. The vote has been scheduled for November 20.

Meanwhile, the International Parliamentary Union (IPU) is in Malé after the prosecution of several MPs and the Supreme Court’s removal of two MPs from parliament over decreed debt. Furthermore, Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor has taken refuge inside the Majlis following efforts to prosecute him for refusal to provide a urine sample. He has now been sentenced in absentia to six months in jail for non-compliance with court summons.

The Majlis secretariat has now appointed an independent Sergeant At Arms and is recruiting an additional 104 security officers to oversee security of the Majlis – a task carried out by the Maldives National Defense Forces (MNDF) at present.

Minivan News spoke to Speaker Abdulla Shahid on his views regarding presidential polls scheduled for November 9, interim arrangements, parliamentary privileges and and security of the Majlis.

Zaheena Rasheed: What are the biggest challenges to come if elections are delayed again and there is no president elect by November 11?

Abdulla Shahid: The biggest challenge for the country will be if there is a situation in which the 2008 constitution is completely and totally undermined. The fundamental aspect of the constitution is that the people have the final say. The people have the right to express their opinion and elect a leader, a president every five years. If this does not happen, and the power holders of this country, in order to ensure the continuity of the state, decide to give reigns of power to the military or any other unelected body, then we have nailed the final nail in the coffin. Democracy will be buried. The 2008 constitution is done with then. That is my biggest concern.

ZR: If and when you take over the presidency on November 11, what is your course of action going to be, for this time period?

AS: It will be an interim role. To make sure that we hold an election as soon as possible and that the country is put back on track. That the opportunity for the people to have their say is provided and an elected leader is put in place. And then my job is done. The sooner the better. This is not an opportunity I cherish at all, to be an interim caretaker for this country. I think it is going to be a very challenging situation for the country and I would do anything to have an elected president by November 11. For the sake of this country, what we are going through is not worth it.

ZR: How would you characterize the current situation? What are the root causes of the present gridlock and what is the way forward?

AS: It is selfishness. Politicians have put themselves above the interests of this country. They have created this situation to fulfill their egos. That is it. The solution is for the people of this country to come out in large numbers on November 9 and win this election for the country in one round. The will of the people to participate in the democratic process is immense. Last time around, during the cancelled elections on October 19, only 24 hours were given for voter registration, but 71,000 people re-registered. The people of this country are not tired, they are not dismayed. They are still hoping, yes, we will get an opportunity and we will vote. I think people are going to come out in large numbers and vote.

ZR: Do you have any fears that the Majlis resolution handing over executive powers to Majlis Speaker may not be respected on November 11?

AS: I hope President Dr Waheed will respect it. Because it was he who initiated it. He wanted the parliament to initiate and tell him what the parliament thinks. The parliament is the representative body of the people of this country. And the parliament overwhelmingly, with the majority of the total parliament, adopted this resolution. So we have told the president what the elected representatives of this country views the situation. And I hope he respects it.

ZR: Some MPs have been calling for the Supreme Court to decide on interim arrangements. What do you think about that?

AS: We have had some MPs calling on the military to take over. I think these individuals are very unfamiliar with democracy. And democratic principles. And it is a shame they sit in a house which is supposed to represent the people.

ZR: If presidential polls are not held on November 9, how will it effect the parliamentary elections scheduled for next year?

AS: I think this will continue to effect the parliamentary elections, the local council elections. I think we have to do a major overhaul of how we deal with elections in this country. And how we deal with the current situation or the situation that will arise on November 11. Just for arguments sake, some are saying the sitting president will continue on November 11. This is happening because certain candidates are refusing to sign the voter registry.

My proposition is come parliamentary elections – and I for one, if I contest – I will perhaps refuse to sign the voter registry. Will I continue in my seat until such time that I feel the voter registry is OK? And if I feel that I may not win this seat, I may continue to refuse to sign for the next five years. Because it is guaranteed that I as sitting MP will continue with this seat. So I do not see elections happening for parliament or local councils because whatever precedent we set on November 11 is what is going to be the standard that will be used for local councilors as well as parliament. The 77 MPs will be more confident of their seat if they do not sign the voter registry. They get to sit for the next five years, ten years.

ZR: What kind of work have you been doing with the IPU? What do you think about the criminal charges pending against several MPs?

AS: We have an IPU delegation in town as we speak. They are trying their best to impress on the institutions in the Maldives the privileges of elected parliamentarians and the international norms in dealing with parliamentarians. In the Maldives, there is a lack in understanding of the privileges of parliamentarians, purposefully or unknowingly. The Parliamentary Privileges Bill was vetoed by President Gayoom twice, President Nasheed once, and President Waheed once. It was finally adopted by the parliament with a majority overruling the veto. It is one of the most criticized pieces of legislation in the country. It has been challenged in the Supreme Court by the Attorney General. And the Progressive Party of the Maldives (PPM) lawyers.

I think the way things are going in the country today, all the privileges enshrined in the Privileges Act are going to be taken away. At least for the time being, from what I hear and from the way things are happening, I think that is what is going to happen. People don’t believe that members of parliament should stay in parliament to take part in parliamentary work, including the right to vote in their name. They believe they could be summoned to court and investigative authorities at any given period of time.

But this is a country where we have had a parliament since 1932. And I think – off the top of my head – 97 members of parliament have been convicted and removed from office during their tenure. Including President Nasheed. So if you are outspoken enough, you are removed. There would be some excuse to remove you. The 2008 constitution tries to guarantee that this does not happen. It projected parliamentary supremacy. For the first time in history, the chapter on parliament comes first and not the President. But still, in the mentality of our country, we cannot accept it. For us as a country, we still look down on the parliament.

I have been in parliament since 1995. I have seen what the people call the good old days, where we would come in at 9 o’clock. The minister to submit a bill would come in, probably the Attorney General. He would read out the bill. There would be half an hour debate. There would be a vote and the bill would be adopted. The job is done by 10:30 and we would have tea and go back to our offices and work. In the good old days, a parliamentary session would never be held without the president and the speaker in town. Even a parliamentary committee will not be held if the president is not in Malé. Even if he was traveling in the atolls, a parliamentary committee will not be held. This is how disciplined, if I may say so.

And now we have a parliament, according to many people, there is shouting, there is disruption, disagreement, and in many cases fist fights. But democracy as we have received at this initial stage, is something of that nature. We have given the opportunity for disagreement for the first time in parliament. When a bill is submitted, even within a party itself, we see differences in opinion. So, we have received for ourselves a system whereby we provide the opportunity for disagreement and through disagreement we come to an agreement. This has been so foreign to this country that people cannot accept the parliament to be functioning like this.

They accuse us, the media and many other well wishers of the parliament, they accuse us of not working. But in the history of all parliaments – this is the 17th parliament – we have been the parliament that has adopted the most bills. The parliament that has had the most number of parliamentary committee meetings and parliamentary sittings. The parliament that has been charged by the constitution with many other mandates that we are fulfilling. But this has been brushed aside, because some people want to project the parliament as undisciplined.

Yes, I do not agree with fighting on the floor. I do not agree with some of the language that is used. But this is a phase we are going through. It’s like a clogged drain. We have been blocked for so long. It has been opened now and it will take some time to flush this out. My estimate is that the next parliament, which will hopefully come in on May 29 – if we are able to hold elections – will be better. But it will not be a perfect parliament.

ZR: What is the rationale behind hiring a Sergeant at Arms and hiring an additional 104 security officers? The Ministry of Defence has condemned it already.

AS: I am surprised the Ministry of Defense has come out against it. Because this is something we have already talked about. Number one, MNDF personnel are very uncomfortable when they are asked to come into the parliament floor and physically remove MPs. This is something MNDF did not want to do and they have been forced to do and they do it very reluctantly. I personally believe that the MNDF personnel should not be asked to come into confrontation with politicians, especially Members of Parliament. MNDF is a much higher institution.

On many occasions, the former Chief of Defense Forces, has come and seen me and we have discussed the appointment of a sergeant at arms. This is included in the Standing Orders. It just so happened that we have been able to start up this process at this time. This has nothing to do with the current political climate, crisis or recent developments. It is just a process that needs to be completed for the smooth functioning of the parliament. The security forces are mandated by the constitution to protect the parliament. But I do not believe this includes the day to day running of the parliament. It is a higher calling. I believe article 105 is a higher calling on the security forces.

You would have heard of the incident recently where some medical pills were discovered at the coffee machine. I personally believe the MNDF should not be called on to guard every individual coffee machine or equipment inside the parliament. We should have our internal security to look after such matters. Having the military to look after these types of matters, belittles the military itself and it does not go well with the democratic principles either. They are not in combat fatigues inside the parliament. Nevertheless, having the military inside the parliament itself is not good for democracy. I think the military should be in the barracks.

ZR: You’ve criticized the MNDF storming the parliament when Ali Azim was arrested. What happened on that day?

AS: I have not only criticized it. I have sent a letter to General Ahmed Shiyam that he has violated the sanctity of the parliament. According to the constitution and standing orders, the speaker commands the parliament. I was never informed of Ali Azim’s removal; I was never informed by any authority that Azim is not a member. I read many stories on news websites and Twitter. And one of them was that Ali Azim and Mohamed Nashiz had been removed from their seats. Until the following day, I did not receive any written communication from any authority. In the absence of written document, I cannot be going around removing Members of Parliament. I think it was badly handled by the military.

ZR: The Parliamentary Privileges Committee in response to the Supreme Court ruling said Azim and Nashiz’s membership continues. When you have a situation such as this, where the parliament says one thing, and the judiciary says the other, how does one proceed? What are your concerns?

AS: It is very bad for the system. It is deeply sad. Because we as a country should be able to accept the final ruling by the ultimate authority. Be it the parliament, or the judiciary or the executive. The Constitution is very clear on the mandates of the three arms of the state. And once again, I sincerely believe this fight between the judiciary, the parliament and executive will continue for many years. This is because the system we have accepted for ourselves, we are at an infant stage and we get excited too quickly. In the United States they go through it almost every day. The Supreme Court comes out and says they do not accept the actions of the executive or this piece of legislation. It will continue. But we should have a system where people accept that the people in authority are making decisions not because of personal grievances, but because the constitution says so.

ZR: You just spoke about accepting the authority of the judiciary. Hamid Abdul Ghafoor is currently taking refuge inside the Parliament. How do you plan to proceed with this case?

I’ve asked the IPU to assist me in dealing with this situation. Hamid has been sentenced for contempt of court. He has been issued court summons in violation of the Privileges Act. He has been issued a sentence because he took the privileges he is legally afforded as an MP. I have written about this matter to the Prosecutor General. The Prosecutor General agrees with me. He has written a letter to the Supreme Court. He feels that the judiciary in this case has gone out of its way to punish Hamid. One can see that things are being done unfairly and injudiciously –  it is very difficult to come to a solution. I have written to the Chief Justice to assist me in finding a solution. I am hoping that the Chief Justice will take up my appeal.

ZR: Would you extend the same assistance to any other political party MP?

AS: Definitely. I have in the past. You would recall when Yameen Abdul Gayoom and Gasim Ibrahim were arrested. I refused to conduct parliament without them because the parliament’s Standing Orders are very clear that any member who is under detention must have access to parliament. General Moosa Jaleel wrote to me then advising not to conduct parliament. I wrote to him, I told General Jaleel that it is none of his business. I will conduct my house as I would want to within the Constitution and the Standing Orders. His job is to make sure that people under his custody are brought to parliament. And he did. He did. And only then did I continue.

So my decisions will always be based on the constitution, the Standing Orders and now the Privileges Act. It is unfortunate that some MPs are trying to label me with political affiliations. Yes, I am a member of MDP. I want MDP to win this presidential election. But that is allowed in the system – the American system of government – that we have. The speaker has an active political role. The system is the Maldives is not the Westminster model where the Speaker is totally independent of any political affiliation. In our system – the American system which we are trying to simulate, the speaker is one of the most active politicians. But when I sit in my speaker’s chair, my only role is to defend the constitution, the Standing Orders, the Privileges Act and all other laws. And I will do it.

ZR: Do you think you will survive the no confidence motion tabled against you for November 20?

AS: I will. I think even PPM members, they have come out and saying all these nasty things. They sincerely believe I have done a good job as speaker under very difficult circumstances. When I was a DRP member, and the MDP submitted a no confidence motion against me. I got more votes in favor of me than when I was elected. It was an open vote, several MDP members voted for me, defying a three line whip. The current political situation is even more polarized now. I do not think any of the PPM members may support me openly. But many of them have come to me and said we appreciate what you are doing, but we on party lines, we may be forced to vote. Many of the independents have come to me and pledged their support. I am confident I will survive.

ZR: Do you feel threatened at all in this time period?

AS: Yes. I have received many death threats. My security is guaranteed by the Constitution. The MNDF is in charge of my security. And I think overall they do a fairly good job. But the latest incident has been little bit worrying. You would recall the resolution passed in the parliament on elections. There was a crowd of PPM supporters who gathered near the parliament. They were threatening to hang me, kill me, all sorts of nice things they would like to do to me. They were threatening my residence. So I called General Shiyam, the MNDF chief, and informed him of the situation. He assured me all action would be taken. Before I came back to the residence, General Shiyam called me and told me he had already informed the police commissioner and that my residence is protected.

But unfortunately around 4 o’clock I was awakened by one of the people downstairs who said the car in the garage had been torched. We have footage of someone coming in, with his face covered, and torching the cars. There were two cars. One was totally burnt. We were lucky that the fuel tank did not burst. Or else the whole building would have gone up in flames. I wrote to General Shiyam and his reply is in the parliament that he had informed the police commissioner, and the commissioner had guaranteed my house would be under surveillance. But nothing of that sort happened. Until today, I have not been informed of anybody being caught. Also, if it was under surveillance, that would not have happened in the first place. Now, the MNDF is guarding my residence.

I have received death threats in the past. On March 1, this year I received a text and forwarded it to the police and checked through the 131 service that Dhiraagu [Caller ID] has. To my surprise, this was sent by a mobile phone owned by the father of the Deputy Commissioner of Police. Mr Hussein Waheed’s father. The matter has been referred to the Police through the parliament. I don’t know what actions they have taken.

ZR: What is your appeal to the political parties in the context of the current crisis?

AS: My message to the political parties is that a political party exists to contest elections. And elections are the only way of knowing what the people want. That is the spirit of the 2008 constitution. To find out what the people of this country want. That is viable and possible only through elections. So let us have elections. If not, there is no need for political parties, no need for politicians to exist if they do not want to contest an election.

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Inter-Parliamentary Union delegation arrive for urgent visit

A delegation from the Inter-Parliamentary Union (IPU) has arrived in the Maldives in order “to help find ways to improve trust and confidence between State institutions”.

“The frequent intimidation, harassment and attack of MPs as they go about their work have been deeply worrying,” read an IPU press release.

The organisation’s request for an urgent visit was prompted by the growing list of cases – 24 in total – involving Maldivian MPs currently filed with the IPU’s Committee on the Human Rights of Parliamentarians.

Local NGO Transparency Maldives has meanwhile called upon the Supreme Court to ensure that all MPs are treated impartially whilst calling upon members not to abuse parliamentary privileges for personal gain.

The IPU delegation, having arrived on Friday (November 1), will spend one week in the country during which time it will meet with government leaders, senior parliamentary authorities – including Speaker Abdulla Shahid, Police Commissioner Abdulla Riyaz, and members of the Supreme Court.

The group will also meet with President Dr Mohamed Waheed – recently returned from a private trip to Singapore and Hong Kong.

“The mission not only aims to promote confidence and trust between State institutions ahead of the forthcoming election, but also to have a better understanding of recent allegations of human rights violations against members of parliament. These include arbitrary arrests, attacks and intimidation, including death threats,” says IPU head of human rights programmes and mission member, Rogier Huizenga.

The delegation’s arrival follows a fraught week in the People’s Majlis, during which two MPs were unseated by the Supreme Court – a decision subsequently rejected by the speaker.

Meanwhile, Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor – who has sought refuge within parliamentary grounds – was handed a six month jail term by the Criminal Court.

Both the verdict for Hamid and for the MPs unseated by the Supreme Court were given in absentia, a tactic the MDP has described as reminiscent of “old autocratic practice”.

The party described the Hamid sentence as “the latest move by the Maldivian judiciary in a political witch-hunt to purge MDP MPs following the party’s newfound majority in parliament.”

Transparency Maldives

Whilst calling for neutrality in the courts, Transparency Maldives (TM) has also condemned what it characterised as “attempts to shape laws and rules for protecting personal interests of the Members of the Parliament and abuse of parliamentary privileges and the institution of the Parliament.”

In a statement last week, TM contended that such attempts “weaken the legal system and obstruct the rule of law. Similarly, such acts undermine the integrity of the Parliament, eroding public confidence in the institution.”

“Members of the Parliament must be provided with appropriate privileges and immunities in order to carry out their duties as lawmakers. However, Transparency Maldives reiterates its concern that the Parliamentary Privileges Act affords undue privileges and powers to the MPs,” the statement read.

The press release followed this week’s submission of amendments to the penal code, the Drugs Act and the parliamentary rules of procedure by the MDP.

The amendment to the penal code seeks to abolish article 81 regarding public servants exercising their authority to detain innocent persons. The MDP presidential candidate and former President Mohamed Nasheed is being charged under the article for the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The amendment to the Drug Act meanwhile proposes shortening the jail sentence for the offence of refusing a urine sample from one year to 15 days while the amendment to the parliament regulations would allow MPs convicted of a criminal offence to attend parliament and participate in votes.

In addition to his sentence for refusing to attend court hearings, MP Hamid stands charged of drug and alcohol offences, as well as allegedly refusing to provide police with a urine sample.

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Majlis speaker swears in sergeant at arms

The People’s Majlis Speaker Abdulla Shahid has today sworn in former Maldives National Defense Forces (MNDF) officer Mohamed Haleem to the newly announced position of sergeant at arms.

The sergeant at arms is to oversee security of the Majlis premises – a task currently carried out by the MNDF.

The Majlis is also looking to hire two deputies and four assistants to the sergeant at arms and 100 security officers. Once the new security unit is established the MNDF will no longer oversee the security of the legislature.

The appointment of an independent Sergeant at Arms comes at a time when several MPs belonging to the Maldivian Democratic Party (MDP) are being tried for criminal charges.

The Criminal Court today sentenced MDP MP Hamid Abdul GHafoor to six months in jail for failure to attend a trial over an alleged refusal to provide urine.

The court has issued several arrest warrants, ordering the police to arrest Hamid and present him at court. The police were unable to do so, however, after Hamid took refuge inside the Majlis premises.

Hamid claims the trial is “politically motivated” and contends the Criminal Court scheduled hearings during Majlis work hours.

Article 11 of the Parliamentary Privileges and Powers Act says an MP cannot be summoned to court during Majlis sittings or parliamentary committee hearings.

The MDP and Dhivehi Rayyithunge Party (DRP) currently control a simple majority in parliament. The DRP decided to back the MDP after MDP’s Mohamed Nasheed gained 45.45 percent of the vote in the annulled first round of presidential elections on September 7.

The MDP has condemned the judiciary’s attempts to “purge” its MPs.

On October 24, the Supreme Court stripped MDP MP Ali Azim and DRP MP Mohamed Nashiz of their seats over decreed debt. However, the Parliamentary Privileges Committee said they do not accept the Supreme Court’s “politically motivated” verdict and said Azim and Nashiz’s parliamentary membership continues.

When Azim attempted to attend a Majlis sitting on October 26, the MNDF blocked entry. Shortly afterwards, officers clad in combat fatigues stormed the Majlis and removed Azim from its premises, and handed him over to police officers waiting outside.

Azim is currently in police custody on charges of assaulting a police officer.

Speaker Shahid has condemned the MNDF’s actions stating that the MNDF are to follow his orders within the Majlis premises.

Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, hall, the pathways and corridors leading to the hall within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

Three MDP MPs are currently on trial, while police have asked the PG to prosecute four additional MDP MPs.

MP Ali Waheed is on trial for disobedience to order for crossing a police barricade, while Hamid and Abdulla Jabir are on trial for alleged alcohol and drug abuse.

Police are charging MPs Alhan Fahmy, Imthiyaz Fahmy, and Mohamed Rasheed with contempt of court for criticizing the Supreme Court, and MP Ibrahim Rasheed with assaulting a police officer.

The MDP notes corruption charges against several government aligned MPs have been dropped since the controversial transfer of power in February 2012.

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MP Azim’s arrest extended for 15 days

The Criminal Court has extended Maldivian Democratic Party (MDP) MP Ali Azim’s detention by 15 days.

The Maldives National Defense Forces (MNDF) stormed the People’s Majlis yesterday and forcibly removed Azim, handing him over to Maldives Police Services on charges of assaulting an MNDF officer.

Azim’s lawyer Mohamed Fareed said the MP is currently in Dhoonidhoo Island Remand Center and is in good health.

The MNDF obstructed Azim from entering Majlis after the Supreme Court had stripped him and DRP MP Mohamed Nashiz of their parliamentary seats over decreed debt on October 22.

Dissenting judges said the two MPs cannot be disqualified as the two were guarantors on a loan in which mortgaged assets had been taken over by the creditor. The parliamentary privileges committee has said it does not accept the “politically motivated” ruling as it was issued against the Supreme Court’s procedures.

Speaker Abdulla Shahid has sent a letter to the Chief of Defense Forces Ahmed Shiyam condemning the army’s actions in obstructing and removing Azim from the Majlis.

Shahid called on Shiyam to act within the confines of the law in overseeing Majlis security.

Noting that the constitution and Parliamentary Privileges and Powers Act affords the Majlis speaker control over Majlis premises and that the MNDF is required to act on the Speaker’s orders within the parliament, the letter said, “We note, with great sadness, that the [MNDF] acted against the aforementioned procedures in obstructing and arresting Medhu Henveiru MP Ali Azim.”

“At the request of the Chief of Defense Forces, the Majlis had sent a letter outlining how the [MNDF] were to act on the matter. However, without any instructions from the Majlis Speaker, a large number of uniformed MNDF officers entered the People’s Majlis and forcibly removed Ali Azim,” the statement read.

The letter further stated that the MNDF had infringed upon the powers of the Majlis Speaker as detailed in the Constitution and Act no 5/2013 on the Parliament’s Privileges and powers.

No contact with speaker, say MNDF

Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, chambers, the pathways and corridors leading to the chambers within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

However, the MNDF in a statement disputed receipt of a letter by the speaker, claiming that he had failed to respond to the MNDF’s request for instructions on how to proceed on the Azim and Nashiz case.

“The Maldives National Defense Forces will not prevent the two from entering the People’s Majlis if the Speaker orders the MNDF in writing to let them enter the Majlis,” the MNDF said.

The President’s Office has said the government accepts the disqualification of the two members, stating that the removal of Azim from the Majlis premises was the MNDF’s duty.

“The government believes that the two disqualified members no longer hold seats in the parliament. MNDF, as part of their duty, has prevented one of the disqualified members from entering the parliament building today. When this particular member assaulted the MNDF security officers, MNDF has now handed over custody of the member to Maldives Police Service,” a statement by the President’s Office said.

“Every Maldivian citizen must at all times obey the Constitution. In this regard, every citizen must respect the courts’ rulings. The government will not tolerate any individual who challenges the courts’ decisions,” the statement added.

The MDP has condemned the government and Supreme Court’s “purging” of its MPs, and has suggested that Azim and Nashiz’s removal was to obstruct a no confidence motion scheduled against Attorney General Azima Shakoor. The party has also submitted no-confidence motions against Defense Minister Mohamed Nazim and Prosecutor General (PG) Ahmed Muizz.

Three MDP MPs are currently on trial, while police have asked the PG to prosecute four additional MDP MPs.

MP Ali Waheed is on trial for disobedience to order for crossing a police barricade, while Hamid Abdul Gafoor and Abdulla Jabir are on trial for alleged alcohol and drug abuse. Police are charging MPs Alhan Fahmy, Imthiyaz Fahmy and Mohamed Rasheed with contempt of court for criticizing the Supreme Court, and MP Ibrahim Rasheed with assaulting a police officer.

The MDP notes corruption charges against several government aligned MPs have been dropped since the controversial transfer of power in February 2012.

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MNDF storms Majlis arrests MP Ali Azim

The Maldives National Defense Forces (MNDF) has stormed the People’s Majlis and arrested Maldivian Democratic Party (MDP) MP Ali Azim today after the Supreme Court stripped Azim and Dhivehi Rayyithunge Party (DRP) MP Mohamed Nashiz of their parliamentary seats over decreed debt on Thursday (October 24).

The Parliamentary Privileges Committee, in a statement on Friday, said they do not accept the Supreme Court’s “politically motivated” verdict as it was issued in contravention of the Supreme Court’s procedures.

Lines of grey clad security officers with their arms intertwined blocked the main entrance to the Majlis this morning ahead of an extraordinary session scheduled to discuss interim arrangements should a president-elect not be determined at the end of the current presidential term on November 11.

The security officers refused to allow Azim entry as MDP MPs advocated in support of Azim. The MP for Malé signed the Majlis attendance roster despite the officers’ attempts to block him. Shortly afterwards at approximately 10:00 am, fifteen combat clad soldiers arrived at the Majlis, stormed the building, surrounded Azim and removed him from the Majlis premises.

In the ensuing scuffle, DRP MP Mohamed ‘Colonel’ Nasheed was pushed to the floor. The MNDF then turned Azim over to a waiting police can outside the Majlis gates. Government aligned MPs cheered the MNDF’s actions.

A statement released by the MNDF this morning read: “We have handed over Ali Azim to the Maldives Police Services after he assaulted security officers at the People’s Majlis and disobeyed officer’s orders. The Supreme Court has stripped Ali Azim of his seat.”

This morning’s statement contradicts a statement issued last night in which the MNDF said its role was to oversee security at the Majlis, not to determine who can enter its premises.

“The Maldives National Defense Forces are mandated with overseeing People’s Majlis security. It is People’s Majlis Speaker who decides those who can enter the building,” the statement said.

The parliamentary regulations also state the Majlis premises are controlled by the Majlis Speaker. Article 4 of parliamentary regulations read: “Unless otherwise explicitly stated in the Constitution or laws, the Majlis building, hall, the pathways and corridors leading to the hall within the Majlis premises and the Majlis courtyard is under the control and orders of the Majlis Speaker.”

According to MDP parliamentary group leader Ibrahim ‘Ibu’ Mohamed Solih, the Speaker had sent a letter to the MNDF stating that Azim can enter the Majlis, but had not been able to reach the Chief of Defense Forces following the letter.

Suspension invalid

The Parliamentary Privileges Committee, in its Friday statement, said that Azim and Nashiz’s parliamentary membership continues despite the Supreme Court ruling.

“The parliamentary privileges committee, at its 21st sitting, has decided that the Supreme Court’s stripping seats of MPs Ali Azim and Mohamed Nashiz is invalid and their seats are not vacant and their parliamentary membership continues,” the statement said.

The committee expressed concern over the verdict saying, “Hearings in the case were concluded over a year ago, but the case was fast tracked and a sentence was issued in absentia. This is a politically motivated act to obstruct the no-confidence motions scheduled against a cabinet minister.”

“We believe the ruling violates the Supreme Court’s procedures. One Supreme Court Justice had received the statements the day before and has asked for a delay until Monday to research the case and prepare an opinion. But he was not given the opportunity to do and the ruling was issued without his opinion,” the statement read.

The Supreme Court case was filed in November 2012 by Mohamed Haleem, a member of the Jumhooree Party’s (JP’s) legal committee. The last hearing of the case took place almost a year ago.

Haleem contended that the MPs should be removed from parliament following a Civil Court judgment in February 2010 involving non-payment of five credit facilities worth MVR117 million (US$9 million) issued to Funadoo Tuna Products by the Bank of Maldives (BML), for which the pair had signed as loan guarantors.

As the lower court judgment was subsequently upheld by the High Court, the Civil Court in 2012 authorised BML to seize the assets mortgaged for the loans, which included Funadoo island, a yacht, and the Reethi Beach Resort.

While the majority Supreme Court verdict held that mortgaged assets was not cause for disregarding a judgment to settle the debt, Chief Justice Faiz ruled that the guarantors would only have to bear responsibility if the debt could not be settled by selling the mortgaged assets.

Arrested for assault

Azim, MP for mid-Henveiru, joined the MDP from the government-aligned DRP in June this year.

Nashiz, MP for Raa Alifushi, is a half-brother of DRP Leader Ahmed Thasmeen Ali and husband of the party’s deputy leader MP Rozaina Adam. Following the annulled first round of the presidential election on September 7, the DRP decided to back MDP presidential candidate and former President Mohamed Nasheed.

Rozaina has released a Civil Court letter on twitter stating that Nashiz has no decreed debt.

With the provisional support of 10 DRP MPs, the MDP had gained a majority of the 77-member parliament – the MDP had 34 seats.

The police have confirmed Azim’s arrest and said they are investigating an “individual for forcibly entering the Majlis premises, attacking officers and disobeying soldier’s orders” at the request of the MNDF.

Speaking to local broadcaster Raajje TV, Azim’s lawyer said the MP is being charged with assault and is currently being treated at the hospital for injuries sustained during his arrest.

The MDP has condemned Azim’s arrest and said “We condemn in the strongest terms, the security force’s attack on parliament members and attempt to dishonor the Majlis.”

The party has called on the Prosecutor General Ahmed Muizz to launch an investigation immediately.

Meanwhile, the Majlis secretariat has announced it is hiring an independent Sergeant at Arms to oversee security of Majlis sittings and parliamentary committee hearings.

Progressive Party of the Maldives (PPM) MP Ahmed Mahloof told local media Azim assaulted PPM presidential candidate and MP Yameen Abdul Gayoom this morning.

Meanwhile, MDP MP Hamid Abdul Gafoor remains holed up at the Majlis after the Crminal Court ordered the Police to arrest Hamid and present him to court over refusal to provide a urine sample.

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Parliament sitting scheduled for Saturday

A sitting of the People’s Majlis has been scheduled for Saturday following a request by President Dr Mohamed Waheed for parliament to find a solution to legal issues that will arise if a president is not elected by the end of the current presidential term on November 11.

“In a letter to the Speaker of the People’s Majlis, President Dr Mohamed Waheed has requested the People’s Majlis to take initiative in finding a solution to any legal issues that will arise if a new president is not elected by the end of the current term. In his letter the President noted if the presidential election is to be held on the dates set by the Elections Commission, there was a possibility of such a situation,” reads a statement on the President’s Office website.

Parliament’s Secretary General told newspaper Haveeru today that the only item on the agenda for Saturday’s sitting would be the President’s letter.

Meanwhile, MDP MP Hamid Abdul Ghafoor submitted a bill on Wednesday (October 23), which if passed would allow the Speaker of Parliament to assume the office of the presidency in the absence of a president-elect on November 11.

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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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