Tag: supreme court

Foreign parties may take advantage if we undermine our own institutions: President Waheed

President Dr Mohamed Waheed Hassan today vowed to reject any external attempts to intervene in the country’s affairs, which he argued could be avoided if the national interest was put first.

He appealed to the public, state institutions, and the security services to remain calm and patient until the Supreme Court decides the fate of the presidential election.

Waheed said that the greatest right of the people in a democratic society was the right to freely cast their ballot to elect their ruler. He noted that it was an obligation of the state to ensure each vote was counted as valid, and to not allow more than one vote to be cast under the name of any one person.

President Waheed made the call during an address to the state today (October 2) – his first address since being defeated in the presidential polls, finishing with just 5.13 percent of the popular vote.

Finding a quick solution to the problems regarding the elections through the Supreme Court is of utmost importance in cooling down the already heated-up political environment of the country, he noted.

“If we undermine and discredit these institutions, it is always possible that foreign parties may try to enforce alternative ways. Therefore, in deciding Maldivian matters, Maldivians can make decisions only by defending our constitution and the institutions formed under it – by supporting one institution to the other. Not by attempting to destroy one another,” said the president.

Third placed Jumhooree Party (JP) candiate – resort tycoon Gasim Ibrahim – filed a petition at the Supreme Court requesting the apex court annul the election, alleging “systematic” voter fraud despite unanimous positive assessments by local and international election observers.

The Supreme Court ordered the Elections Commission (EC) to suspend all efforts to hold a run-off election until it concludes the case.

The EC initially contested the constitutionality of the order, attempting to proceed with the election, before a second court order demanding the security services obstruct the run-off led the commission to declare the current political environment not conducive to free and fair elections.

Following the decision fears that the country was heading into a constitutional void increased, while international organisations and nation states called for the holding of run-off elections as soon as possible.

“If the claims of electoral discrepancies hold any truth, verifying those claims is of utmost importance in calming the situation. Presidential candidates, political parties, individual citizens, foreign organisations and nations are all waiting to see the election being held as quickly as possible and to see the new president take oath on November 11,” said President Waheed.

“Today, our nascent democracy is experiencing a new wave of efforts to strengthen it.  The vote of every individual citizen is his most sacrosanct right. In every election held so far, we have heard of discrepancies in the voting process. So in this election, and those that are to come in the future, taking into account the fact that ensuring that every citizen’s vote is a valid vote is fundamental to strengthening democracy,”  he added.

Foreign intervention and security services

President Waheed also responded indirectly to recent remarks made by the former Foreign Minister Dr Ahmed Shaheed. Shaheed tweeted stating that India should enforce Right to Protect (R2P) Protocol in resolving the current political crisis.

Shaheed claimed that he did not believe that the “constitutional and political crisis in the Maldives will be resolved without international assistance”.

“I strongly condemn those people who are calling for foreign military intervention into our country and requesting foreign assistance in attempts to topple the government. We are not afraid of such calls. We are also prepared to defend our country from those who are to take over the government of the Maldives,” Waheed said.

“We can solve our own problems. Maldivian people are people who had resolved far more complicated issues on their own in the past. However, if issues are not resolved quickly and get lengthened, it would lead to foreign parties wanting to intervene into our domestic problems.

“The reason is, we will have to appeal for foreign assistance to help establish peace and order, in case the situation gets worse and goes out of our own hands. Also, some of those among us are already appealing for the assistance of foreign parties,” he added.

Waheed also noted that “every time our country falls into a situation of chaos, it is door of opportunity opened to foreign parties to intervene and meddle with our domestic affairs”.

“I call upon the police and the MNDF to prioritise the greater interest of this state, to support and assist institutions formed to maintain rule of law, to remain sincere in upholding the law and the constitution,” Waheed urged.

“If we undermine and discredit these institutions, it is always possible that foreign parties may try to enforce alternative ways. Therefore, in deciding Maldivian matters, Maldivians can make decisions only by defending our constitution and the institutions formed under it – by supporting one institution to the other. Not by attempting to destroy one another,” said the president.

He also said that this is not the time for three powers of the state to attack each other and called on them to find a solution through dialogue and discourse.

“This is the time, where we should prioritise the safety and security of our people; this the time, where we should prioritize the national interest over individual political ambitions,” Waheed noted. “This country is not just the country of one person, or one [political] group. This country belongs to all of us. Any damage we incur as a state is a damage incurred by all the people,”

President Waheed also called on all political parties, presidential candidates and the public to accept any decision made by the Supreme Court regarding the elections.

“A president elected through a free and fair election is a president of all of us. I assure you all that I would give all the assistance needed for the presidential elect. Likewise, I am certain that all other state institutions would give us the support to him in that respect,” he said.

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Police to appeal against MC Hameed’s reinstatement

The Maldives Police Service has announced its decision to appeal the Civil Court ruling to reinstate former Chief Superintendent Mohamed ‘MC’ Hameed who was dismissed by the institution’s Disciplinary Committee in August 2012.

A spokesperson told local media that no officers would be reinstated until the appeals process had been exhausted in the country’s apex courts.

The Police Disciplinary Board decided to relieve Hameed and Superintendent Ibrahim Adhnan of duty and to demote Superintendent ‘Lady’ Ibrahim Manik to Chief Inspector of Police, and to remove the disciplinary badge on his uniform.

Newspaper Haveeru at the time claimed that the decision was made by the Disciplinary Board on allegations that the three officers had “worked for the political benefit of a certain party” using their police roles.

The decision to reinstate was based on the precedent set by the ruling on former Civil Service Commission (CSC) Chair Fahmy Hassan, whose dismissal by parliament was recently reversed by the Supreme Court.

The Supreme Court ruling stated that if Fahmy Hassan was dismissed from the position without being investigated and proven guilty, as per the criminal justice procedure, then his dismissal was to be considered as double jeopardy.

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Police and military officers reinstated based on precedents set in CSC Fahmy case

Civil Court Judge Maryam Nihayath yesterday (30 September) ordered the reinstatement of a police officer and a Maldives National Defence Force (MNDF) officer, previously dismissed on criminal charges.

The decision was based on the precedent set by the ruling on former Civil Service Commission (CSC) Chair Fahmy Hassan, whose dismissal by parliament was recently reversed by the Supreme Court.

Former Intelligence Chief Mohamed ‘MC’ Hameed has also been reinstated this week based on the Supreme Court ruling 2012/SC-C/35.

MC Hameed was dismissed from the police after the controversial transfer of power on allegations that he had abused his authority as the chief of police intelligence for the benefit of a certain political party and that he had leaked secret information obtained by the police.

The Supreme Court ruling stated that if Fahmy Hassan was dismissed from the position without being investigated and proven guilty, as per the criminal justice procedure, then his dismissal was to be considered as double jeopardy.

Regardless of the ruling, subsequent disagreements between the court and the Majlis resulted in Fahmy’s replacement.

Judge Maryam Nihayath’s ruling stated that the Supreme Court (ruling 2012/SC-C/35) had brought into existence important procedures to follow when dealing with such cases.

The judge also stated that MNDF officer Ahmed Althaf was dismissed from the force on allegations that he lost a compressor valve and asked a lower rank officer to replace it with an older one.

Nihayath’s ruling stated that the court had found he was dismissed without completing the criminal justice procedure, which the Supreme Court ruling had argued violated articles 42, 50 and 51 of the constitution.

Yesterday’s ruling stated that the legal precedent had determined that a person was dismissed from his job in a criminal offence without having completed the criminal justice procedure could not be charged with the same case offence in a court of law without constituting double jeopardy.

In a separate case yesterday, where a police officer was dismissed from his position on allegations that he stole MVR 241,215 (US$15,640) from a safe in the police tow yard, the same Supreme Court ruling was cited.

Judge Nihayath noted that the police officer was not dismissed after completing the criminal justice procedure, and that even if he were, the precedent set in the Fahmy case would still not allow him to be charged and sentenced by a court of law.

In November last year parliament voted 38 – 32 in favour of removing the CSC chair after the Independent Institutions Committee investigated the complaint of sexual harassment lodged by a female CSC employee.

On 14 March 2013 the Supreme Court ruled that parliament’s decision to remove Fahmy from his position was not based on reasonable grounds and invalidated the decision.

In spite of this, the parliament appointed a new member to the Civil Service Commission to replace Mohamed Fahmy Hassan – 51 out of 54 MPs present in the parliament voted in favor of appointing Fathimath Reenee Abdulsathar.

On August 15, the Supreme Court issued an injunction to halt parliament’s appointment just as the President’s Office prepared to give credentials to Reenee.

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PPM lobbying to re-start Nasheed’s criminal trial

The Progressive Party of Maldives (PPM) has said it is lobbying the courts to resume proceedings in the criminal case against opposition Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed.

PPM candidate Abdulla Yameen’s election agent, Abdulla Ameen yesterday (September 30) told local media that it was imperative the judiciary speed up the court cases concerning Nasheed’s criminal prosecution.

Ameen called on the EC to delay the second round of elections until the courts concluded the trial of Nasheed, expressing fears that the public may otherwise begin to question the credibility of the elections.

Nasheed was charged by the prosecutor general for his involvement in the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed, during the final days of his presidency.

The case is currently suspended after Nasheed’s legal counsel challenged the legitimacy of the appointment of the judges-panel to Hulhumale Magistrates Court, where the trial is being heard.

During a PPM rally held on Monday evening PPM MP Ahmed Shareef claimed that, once the party finished its work, the MDP would be dissolved, would cease to exist as a political party, and that Nasheed’s name would not be in the ballot paper.

The PPM MP also claimed that the 95,224 votes which Nasheed had obtained in the first round were achieved “through fraud and deception”.

“The maximum vote that man will ever get is 50,000 -60,000. That is even if they work extremely hard. [Extremely hard work such as] deceiving the people, brain washing them and misleading the youth,” Shareef told the rally.

Meanwhile, PPM running mate Dr Mohamed Jameel Ahmed told the rally that the Maldives would not have any stability if there is a presidential election with Nasheed competing as a candidate.

Jameel claimed that Nasheed had treated the Chief Judge of Criminal Court Abdulla Mohamed in “such an inhumane and derogatory manner” when the only wrong he had committed was to “faithfully execute his responsibilities as a judge”.

The former home minister also said that the judges who had purposefully been delaying the former president’s trial should take responsibility for the current state of the country.

Jameel previously said that the MDP leader “will not be allowed to assume power”, even if he should emerge as the clear winner in the run-off election.

Election drama

The official results of the first round of Presidential Elections – held on September 7 – showed the MDP finishing the race in front with 45.45 percent of the popular vote, while former 30 year autocrat Maumoon Abdul Gayoom’s PPM trailed behind with 25.35 percent of the popular vote.

The constitution dictates that if no candidate attains the required ’50 percent plus one vote’ for a first round election victory, the winner is decided by a run-off election held 21 days after the first poll.

However, resort tycoon Gasim Ibrahim’s Jumhoree Party (JP) – who narrowly missed a place in the run-off elections after finishing the poll in the third position with 24.07 percent – filed a Supreme Court case requesting the court annul the poll, alleging voting discrepancies and irregularities.

On September 23, the Supreme Court issued an injunction indefinitely delaying the second round of the presidential election until it had finished looking into alleged discrepancies from the first round.

In addition to challenging the validity of the presidential elections, the PPM last Sunday announced its intention to file Supreme Court cases against individual opposition MPs, including Speaker of Parliament Abdulla Shahid, in a bid to challenge their legitimacy as members of parliament.

The announcement comes at a time when the PPM and its allies have lost the parliamentary majority to the opposition MDP after the Dhivehi Rayyithunge Party (DRP) –  with eight MPs in parliament – decided to back the MDP in the presidential polls.

Speaking to the press, PPM’s legal advisor Mohamed Waheed Ibrahim said, “There is a dispute on whether [MPs] have lost their seats in parliament due to speaking out against Maldives’ Supreme Court’s order and defaming the Supreme Court, and other court’s judges. I would like to inform you we will file this case at the Supreme Court.”

The MDP and its new ally the DRP now control 39 out of 77 seats in the parliament – a simple majority. The two parties last week passed a resolution ordering the EC to proceed with polls as planned, and called for the security forces to support the EC.

The resolution, however, was ignored in favour of the Supreme Court order.

However, following a second Supreme Court order – calling upon the security services up uphold the injunction – police surrounded the EC secretariat. The EC soon announced prompting the EC to announce that current conditions were not conducive to a free and fair election.

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Supreme Court collects details of Election Commission’s Ballot Progress Reporting System (BPRS)

The Elections Commission (EC) has said that it has submitted the ballot monitoring software, the Ballot Progress Reporting System (BPRS) used by the election officials during the first round of presidential elections to the Supreme Court, with regard to the JP’s election annulment case filed against the commission.

The BPRS System is a web based application that tallied the number of voters who had cast their vote or were in the queue to vote. However, due to difficulties of internet access in some islands, the system was not fully utilized.

During the hearings of the case, JP lawyer and running mate Dr Hassan Saeed told the court that the BPRS system had allowed voters to cast their vote more than once – one of the many arguments it had raised in support of their claim that the entire electoral process was a “systematic failure”.

Chair of Elections Commission Fuwad Thowfeek told local media that the commission had submitted all the documents that had been requested by the apex court.

According to the Elections Chief, the commission had begun to use the BPRS system since the Parliamentary by-elections held last year in the constituencies of Kaashidhoo and Thimarafushi.

He also said that the software was used in all the netbook PCs in polling booths and that it showed the tally of both male and female voters separately.

Last Wednesday, the Supreme Court concluded taking statements from the parties in the case. Officials from the Supreme Court have told local media that the court had been working round the clock to reach a verdict as soon as it can.

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Dark clouds gather over the Maldives after election delay: The National (UAE)

“It’s customary to begin articles about the Maldives with phrase such as “It may look like an island paradise, but …” After two years in which the country has experienced a violent coup and attempts to throw the first democratically elected president in jail, maybe it is time we dropped any notion of the Maldives as a utopia,” writes Eric Randolph for the UAE newspaper The National.

“In recent days, the country’s elite have once again displayed their cynical disregard for democracy, with the Supreme Court indefinitely postponing the second round of the presidential election.

The official reason for that postponement is that the court is investigating claims of election irregularities in the first round made by one of the losing candidates, even though the vote was given a clean bill of health by international observers.

One doesn’t have to dig too deep to find signs that the real reason for the delay is that powerful business and political interests want to keep Mohamed Nasheed from assuming the presidency.”

Read more.

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Suspension of democracy an assault on the Maldives’ fragile democracy: The Diplomat

The future of democracy on the archipelago looks bleak after a constitutionally questionable court intervention, writes Sudha Ramachandran for The Diplomat.

Late last week, the Maldives Supreme Court announced that the run-off vote should be postponed indefinitely. It is a move that is both unconstitutional and an assault on the country’s fragile democracy.

The decision has been criticized by Nasheed’s MDP as a “complete defiance of the Constitution,” an act of “betrayal of democracy and the will of the Maldivian people” by a “discredited court.” Indeed, Article 111 of the Maldivian Constitution says a run-off must be held within 21 days of the first round of voting. September 28, the day the Election Commission had scheduled for the run-off, was that deadline.

Many observers believe that the postponement of the run-off is an extension of what happened eighteen months ago. The sharp polarization between pro and anti-democratic forces persists.

“Anti-democratic forces who we thought we had defeated in 2008, asserted themselves in 2012 and have regrouped now, acting through the judiciary to keep Nasheed from returning as president,” a Maldivian businessman, who participated in the pro-democracy protests a decade ago and is based now in India, tells The Diplomat. “By keeping Nasheed out, these forces are preparing the ground for the Maldives return to full-fledged authoritarian rule,” he warns.

Maldivians will be anxiously awaiting the Supreme Court’s verdict. Will it annul the election result and call for fresh elections, enabling Ibrahim to mount a renewed effort for the presidency? Will it dismiss Ibrahim’s appeal and announce a new date for the run-off, facilitating Yameen’s campaign? Or will it keep the election process in suspension, extending Waheed’s presidency? The verdict will depend on who the apex court is backing. Meanwhile the Maldivian military will be planning its moves.

Whatever the outcome, the future of the Maldives’ badly damaged democracy looks bleak.

Full story

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Death threats force Elections Commission to seek police assistance

Ongoing death threats received by the Elections Commission (EC)’s permanent staff and polling station officials have prompted the commission to file a report with the Maldives Police Service (MPS) today.

A lack of state cooperation prevented the commission from holding a “free and fair [presidential election] vote without intimidation, aggression, undue influence or corruption” on September 28 as constitutionally-mandated, the (EC) announced on Friday night, shortly before it was surrounded by a police barricade.

Lack of police support, “some political parties” threatening to set ballot boxes on fire, and death threats made against Elections Commission members, staff, and officials involved in the voting process were highlighted as reasons for postponing the second round run-off, which would otherwise have taken place yesterday.

Special Operations police surrounded the EC secretariat on Friday, with orders from Police Commissioner Abdulla Riyaz to take over the building and ballot papers should it proceed with holding the election.

In addition to the MPS stating it would not cooperate with the EC and ceasing to providing security requested by the commission for the second round, police prevented EC staff and visitors from entering the secretariat on Friday. However, staff were later allowed to return after a series of phone calls between Riyaz and EC Chair Fuwad Thowfeek.

As of Thursday, the EC insisted that it was constitutionally mandated to hold the runoff within 21 days of the first round, in spite of an order from the Supreme Court to suspend the election indefinitely. This prompted Assistant Commissioner of Police Hassan Habeeb to call the Elections Commission Chair on Thursday night (September 26) and warn that police would not allow the election to take place.

Death threats continue

“It’s not just myself and my family, but Elections Commission staff, including most directors and even some heads of ballot boxes and other polling station staff who have received threatening messages that they and their families will be killed,” Elections Commission Chair Fuwad Thowfeek told Minivan News today.

“They are very much scared about the situation. Some are even afraid to come out of their homes. It’s very sad,” Thowfeek lamented.

“I hope we will be safe, we have been trying to follow the constitution,” he said.

Thowfeek said the EC had sent a report to the MPS detailing the threats, phone numbers the messages were sent from, and other relevant information.

He noted that the EC was still considering whether to send an official letter to the Telecommunications Authority regarding the death threats “because we are waiting for action to be taken through the MPS, since they have the authority to investigate.”

The following SMS was sent to EC and polling station officials yesterday:

“What you did to rig the vote near ballot boxes will be exposed. YOU resign. Or else even your family will be killed. Allah Akbar we are with the religion.”

On Thursday senior Election’s Commission staff received the following message around 6:00pm:

“We will kill anyone who allies with Fuwad Thowfeek against the Supreme Court order and the Maldivian constitution and continues with voting activities. Allah Akbar.”

Additionally, during an interview Minivan News conducted with Thowfeek last week, he noted that “some of us are getting threats from unknown people. I have received SMS messages saying ‘be careful when you come out on the street, you’ll be stabbed in the stomach’.”

Only the EC’s human resource section and other section heads of the commission have a list of all election officials and temporary staff, explained Thowfeek.

The commission had provided the four political party presidential candidate representatives with a list of all elections officials, including polling station staff, but that list did not include their phone or ID card numbers, he noted.

Police integrity

The Police Integrity Commission (PIC) called for the police to provide any assistance the EC requires to go ahead with the second round.

Earlier this month the PIC determined Police Commissioner Abdulla Riyaz violated the Police Act by posting a letter on Twitter urging police officers not to vote for former President Mohamed Nasheed and recommended administrative action be taken against the police chief.

Minivan News enquired with the PIC whether Commissioner Riyaz would be able to impartially issue orders to prevent the EC from conducting election preparations and holding the second round runoff, or whether the MPS – under his leadership – would be able to impartially investigate the death threats EC staff have been receiving.

PIC Director General Fathimath Sareera Ali Shareef told Minivan News today that she needed to consult with their legal department and would reply as soon as possible. She had not responded at time of press.

Elections Commission secure

Police meanwhile remained outside the Elections Commission until yesterday (Saturday) evening, guarding the secretariat and patrolling the road, noted Thowfeek.

“It was our request to have the police in front of the security room, on the ground floor [of the secretariat], and surrounding the building so nobody could enter from behind. They are keeping full security of the building for the protection of the commission and our own safety,” said Thowfeek.

The Elections Commission confirmed there was “no danger” its data could be tampered with because it remained “fully protected” and is being “closely monitored”.

The commission’s server was intentionally shut down on Friday night to prevent anyone from accessing data through a “remote medium”, explained Thowfeek.

Additionally, beginning Friday night, the EC established a rotational schedule to ensure staff are present in the EC’s secretariat 24 hours a day, seven days a week, “so there is no chance an outsider can get in” and tamper with any materials or data, he continued.

“Our own staff are present in the IT, security, and records section rooms – the most important places are constantly monitored,” said Thowfeek.

Police “misunderstanding”

Thowfeek also explained the “misunderstanding” between the MPS and the EC that led Special Operations police to surround the secretariat and prevent staff or visitors from entering, with orders from Police Commissioner Riyaz to take over the commission and arrest staff who disobeyed the Supreme Court order to halt presidential election preparations.

After a Raajje TV journalist called to enquire about the situation, Thowfeek explained to the reporter that “even staff and visitors were not allowed” to enter the EC.

This led Police Commissioner Riyaz to contact Thowfeek and explain that police were sent to protect the commission against any “angry people” trying to enter the EC and harm its staff, according to the EC Chair.

Riyaz also instructed Thowfeek “not to listen to stories from different people about the situation”.

Thowfeek then sent the EC’s Secretary General and Director General downstairs to confirm what was occurring. The commission’s IT and coordination section directors had been prevented from entering the building and police informed the Secretary General that visitors would not be allowed to enter on Saturday either.

The EC Chair again contacted Riyaz and explained that the action being taken by the special operations police differed from what the Police Commissioner had said the MPS officers would do.

Fifteen minutes later, Elections Commission staff with proper identification were allowed into the building and the commission was informed that invited visitors would be permitted to enter as well.

Minivan News had journalists present inside and outside the EC secretariat building throughout the events and did not observe protesters present at the time Special Operations police surrounded the building.

International observer visits

EC officials had previously planned to meet the British High Commissioner in the commission’s secretariat on Saturday, however after the EC’s Secretary General was informed by police Friday night they would not be able to hold the meeting in the commission, it was relocated to the High Commissioner’s hotel, explained Thowfeek.

“The British High Commissioner was here during the first round and commended our work,” said Thowfeek. “He came to see the second round and was disappointed when he found out it had been stopped.”

“He hoped for a quick solution and wished us [the EC] well,” he added.

A team of Nigerian election observers also arrived on Friday and were “very much disappointed” polling did not take place, explained Thowfeek. However, because they “made such a long trip” the EC has still been working with the West African observers and providing information about the electoral process.

The Danish Ambassador and the Commonwealth [observation group] Chair met with EC officials Friday, noted Thowfeek.

“We have had no news from any other [international election] observers,” he added.

Election not possible before November 11, says EC

Holding the second round – or another first round – of the presidential election will now “not be possible before November 11 within existing elections laws”, Thowfeek told Minivan News.

While the EC usually requires 60 days of preparation time for the whole process, “even if we don’t waste a single minute” 45 days will still be required before another presidential election can take place, he continued.

“We have to update the voter list, gazette it, receive complaints and input from the public regarding the list, see who will be present where on that date and allow them to re-register accordingly, add just-turned 18 year-olds and remove anyone who has died during the [voter registry updating] process, etc,” he noted.

Thowfeek explained that general and presidential elections law mandates specific periods of time are given for each step of the election preparation process, for example the voter registry must be published in the government gazette 45 days before polling, 10 days are given to submit complaints, and five days are provided to file cases of unaddressed complaints with the High Court.

“If special laws are made, then maybe it will be possible,” said Thowfeek.

“[Timetables within] the existing laws have to be rescheduled and another set of laws passed [before the November 11 constitutional election deadline],” he elaborated. “The other difficulty is that the Majlis is currently in recess. They may reconvene next week, but any law [passed] has to be ratified by the president.”

“We have just 42 days left before [the end of the presidential term on] November 11, so time is limited,” he added.

The date for the Supreme Court’s verdict in the Jumhooree Party’s case against the Elections Commission remained unscheduled at time of press.

HRCM and civil society support for elections

The Human Rights Commission of the Maldives (HRCM) has called on the Supreme Court and state institutions to ensure that Maldivians not be stripped of the right to vote, guaranteed by constitutional article 26 and the International Covenant on Civil and Political Rights (ICCPR), and to ensure that there would be an elections within the duration stated in the constitution.

HRCM also called on everyone not to pave way for unrest and to hasten all work that had to be done to uphold the constitution.

The commission also called on the EC to solve all the issues with the voters’ registration.

HRCM further called on the authorities to take legal action against those to pose death threats and threats of violence and also called on everyone to give high priority to national interest.

Yesterday Transparency Maldives appealed to all actors “especially the Supreme Court, to uphold the spirit of the Constitution and electoral deadlines and respect people’s electoral choice.”

The NGO expressed its “concern over the delay of the second round of elections and rising tensions as Transparency Maldives did not receive any reports that suggest systematic fraud in its nationwide observation and no credible evidence that supports such allegations has been made public.”

Transparency Maldives, the HRCM and the Maldivian Democracy Network observed the first round and praised the EC’s free and fair electoral process.

Global election support

Global condemnation followed the Supreme Court’s issuing of the injunction, with the UK, EU, and the Commonwealth specifically calling for the run-off to go ahead as scheduled.

International election observers unanimously commended the first round of polling, calling for losing parties to accept defeat and allow the second round to proceed as scheduled.

The Commonwealth’s human rights and democracy arm has since “expressed concern at developments” in the Maldives following the first round of elections.

Business as usual

The Election’s Commission is meanwhile “going ahead” with preparations for the upcoming local council and parliamentary elections.

“We are doing the work for local council elections to take place in December [2013], said Thowfeek.

“[Additionally] last night we issued one draft document for constituencies. According to the law, eight months before the existing term of Parliament expires, we have to check the population figures from various localities and [based on the data] create a report on how constituencies should be formed for the next election,” explained Thowfeek.

Currently there are 77 seats in the People’s Majlis, however 85 seats will be needed, he added.

The Parliamentary election is scheduled to take place on March 2014.

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PPM seeks to remove MPs from Majlis for contempt of court

The Progressive Party of the Maldives (PPM) has said it will seek to remove MPs from the People’s Majlis through the Supreme Court, for contempt of court over their challenging of the apex court’s  order to delay the second round of presidential polls.

Several MPs of the Maldivian Democratic Party (MDP) and Dhivehi Rayyithunge Party (DRP) have spoken out against a Supreme Court’s order to delay polls in an ongoing case filed by third placed Jumhooree Party (JP) to annul the vote. The court issued a second injunction on Friday ordering the security forces to halt the Elections Commission and other parties from proceeding with polls.

Following the second injunction, the police surrounded the Elections Commission on Friday and forcibly brought preparations for the runoff to a halt. The MDP won 45.45 percent in the first round and was set to compete with the PPM in runoff polls on Saturday.

Speaking to the press today, PPM’s legal advisor Mohamed Waheed Ibrahim said, “There is a dispute on whether [MPs] have lost their seats in parliament due to speaking out against Maldives’ Supreme Court’s order and defaming the Supreme Court, and other court’s judges. I would like to inform you we will file this case at the Supreme Court.”

Meanwhile, MDP MPs Alhan Fahmy and Imthiyaz Fahmy received police summons for an investigation into contempt of court. The police told Minivan News more MPs are under investigation, but declined to reveal names.

A police summons sent to Alhan and uploaded on Twitter states the MP is being investigated for “threatening judges and their families and contempt of court at a protest outside the Supreme Court on 23 September 2013.”

PPM’s legal advisor Waheed said the list of MPs they are seeking to disqualify from parliament “is long”. Furthermore, the PPM said it would not hesitate to file complaints against Speaker Abdulla Shahid if he had spoken out against the apex court’s order. Abdulla Shahid defected to the MDP in April.

Waheed also said the PPM believes the Supreme Court should decide who to hand the presidency to should presidential elections fail to take place by the end of the presidential term on November 11.

The MDP and its ally the DRP now control 39 out of 77 seats in the Majlis; a simple majority. The two parties passed a resolution on Monday ordering the EC to proceed with polls as planned, and called for the security forces to support the EC. However, the resolution was ignored in favor of the Supreme Court order.

The MDP has said it will utilise its simple majority to seek no-confidence motions against three ministers and the Prosecutor General.

In a statement on Saturday, the PPM has praised the Supreme Court’s election delay orders as a “giant stride forward in championing the constitutional rights of the Maldivian people.”

PPM contends that the court has sole and final jurisdiction to determine all disputes concerning presidential elections and is the final authority on interpretation of the constitution.

“Members of the MDP are breaking law and order continuously even now and spreading false information among the public, while also misguiding the international community,” the statement read.

The PPM has supported JP’s case to annul the vote, and has filed a separate case to delay polls to allow the party time to campaign.

The MDP has repeatedly criticised the Supreme Court for Justice Ali Hameed’s continued presence on the bench despite the leak of three sex videos in which Hameed appears to be fornicating with three different foreign women in a Colombo hotel room.

The UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, in a damning report in May expressed concern over “inadequate and politicised” composition of the JSC and “shock” that members of the judiciary, including the Supreme Court, held memberships in political parties.

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