transfer of power – Minivan News

We will change the government according CoNI report, says Nasheed

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

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

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

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

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

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

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

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

Constitutional amendments

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

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

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

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

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

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

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

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

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

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

Related to this story

No coup, no duress, no mutiny: CNI report

MDP and JP reach agreement on defence of Constitution

Nasheed urges President Yameen to convene all-party talks

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Translation: Leaked ‘coup agreement’

The following translation is of a document apparently signed and stamped by then opposition political parties on December 29, 2011, outlining a planned overthrow of the Nasheed government on February 24, 2012. Nasheed resigned amid a police-led mutiny on February 7, 2012. Parties involved have rejected the document’s authenticity – read the full story here.

Download the original document in Dhivehi

1. Introduction

As the current President of the Maldives, Mohamed Nasheed of G. Keneryge, has disrespected Islam as well as the country’s laws and regulations, declared blatantly anti-Islamic sentiments, obstructed the enforcement of Islamic hadd [punishments] in the Maldives, carried out laadheenee (irreligious or secular) actions, illegally arrested politicians, committed many acts that undermine the dignity of the country’s courts, and since the fraternal political groups have determined that he is unfit to remain as President of the Maldives, this agreement is made among the fraternal political groups to remove him completely from Maldivian politics and do what is required to completely erase the Christian-influenced Maldivian Democratic Party (MDP) from the Maldivian political arena.

2. The fraternal political groups

Progressive Party of Maldives (PPM)
Civil Alliance
Adhaalath Party
Jumhooree Party
Dhivehi Qaumee Party
Dhivehi Rayyithunge Party (DQP)
People’s Alliance

3. Plan for the 24 February 2012 Symposium

3.1 Purpose of the symposium

The purpose of the symposium on 24 February 2012 is to make it a day of civil obedience across the Maldives with the aim of toppling the MDP government and establishing a national unity government formed among the fraternal political groups. And to overthrow the government within 24 hours of the beginning of the symposium.

As the fraternal political groups believe that it is important to carry this out in a way that would avoid foreign influence in Maldivian political affairs brought about because of the manner of changing the government, it has been agreed that this can be conducted most smoothly with the assistance of Vice President Dr Mohamed Waheed Hassan Manik. Therefore, the first order of business has to be worsening the relationship between MDP and the vice president, seeking the approval of senior figures of the vice president’s Gaumee Ihthihaad Party and his close associates and bringing them into this.

The assurance needed from the vice president is that he will immediately assume the office of the presidency if Nasheed leaves the post under any circumstances, form a national unity government on the advice of the fraternal political groups, endure everything faced during this process, conduct the affairs of the nation until the presidential election in 2013, pave the way for the 2013 election, and not contest in the election in 2013.

The assurance that the fraternal political groups will give to the vice president will be to provide any and all assistance that he may require in this. And provide the assurance that he will remain in power until 11 November 2013.

3.2 How the government will be changed

At 4 o’clock in the afternoon of Friday, 24 February 2012, a mass protest in the form of symposium will begin in all inhabited islands of the country. The protest will begin in Male’ at the tsunami memorial area. After the protest begins, a demand from the participants will be proposed to the government. The only demand of this protest will be for President Mohamed Nasheed of G. Keneryge to resign without any conditions as he has insulted Islam and violated the laws of the country.

3.3.1 Going to Republic Square

The government will give a deaf ear to the demand for resignation. Therefore, after offering a five-hour period to comply with the demand, at 9 o’clock at night the participants of the protest will head towards the Republic Square divided into three groups. It has been agreed that protests will take place in all inhabited islands at this time.

The first group with Adhaalath Party President Sheikh Imran Abdulla will go past Kalhuthuhkala Koshi [military barracks near southwest harbour] on Boduthakurufaanu Magu and stop near MMA west of the Republic Square.

[Text missing]

The third group with PPM interim deputy leader, Umar Naseer, will leave the tsunami memorial area in vehicles, go down Majeedhee Magu, turn near mercury to Orchid Magu and stop near Reefside at the intersection of Republic Square and Chandanee Magu.

Help will be received from former police and army officers to overcome obstacles posed by police and the army to the protesters reaching these areas. PPM interim deputy leader, Umar Naseer, will coordinate this.

3.3.2 Showing stringency

After all the participants of the protest gather at the areas surrounding the Republic Square, Adhaalath Party President Sheikh Imran Abdulla will address the police from the group near the MMA [building]. The Sheikh’s speech will mostly focus on Mohamed Nasheed’s laadheenee [irreligious or secular] ideology and convincing police and the army that obeying the commands of such a person with a laadheenee ideology is completely haram [forbidden] in Islam. The Sheikh along with different scholars will speak on this subject for 45 minutes.

After that, Abdulla Mohamed, representing the civil groups, and other civil society persons will give speeches. Their speeches will mostly focus on stability in the Maldives, establishing justice and the economy under Nasheed’s rule. They will speak on this topic for 45 minutes.

After the speeches by the civil society persons, the first person to talk from among the politicians in the group gathered in front of Reefside will be PPM interim deputy leader Umar Naseer. Umar Naseer will begin his speech by calling on those in the front ranks of the government to join the protesters as President Mohamed Nasheed has not resigned by the time the period offered to him had elapsed. An opportunity will be offered to those in the front ranks of the police and army to either resign or step aside from their posts. The speeches will be interrupted for 30 minutes to provide an opportunity for these officers to do so.

It is not expected that cooperation will be forthcoming within 30 minutes from those working in the senior ranks of the police. However, a brigadier general and a lieutenant colonel from the military has agreed to vacate their posts and refuse to carry out their responsibilities. This will be first announced via DhiTV. And a live interview with the resigned brigadier general will be brought on DhiTV. After this news, Umar Naseer’s speech will resume to raise the spirit of the protesters and divide the ranks of the police and the army. And he will call for the protesters to step forward and for the police and army to step back. The protesters will clash with police and attempt to enter the Republic Square by force.

3.3.3 Receiving the assistance of police

While the protesters face the police and army with severity, the special platoon of police on duty in front of MMA will abandon their command, enter the Republic Square and sit down in protest. At this time, some protesters will get an opportunity to enter the Republic Square. However, it is believed that an MNDF [Maldives National Defence Force] backup will cordon off the area.

Complete assurance has been received from friendly police that this police platoon will be arranged to be on duty in front of MMA. The PPM deputy leader has met the officers of this platoon individually and briefed them on what they have to do. Their demands have now been taken care of.

Defence Minister Tholhath Ibrahim Kaleyfan will announce on MNBC One that the striking or protesting police have disobeyed orders and that they will be arrested and taken inside Bandaara Koshi [main military headquarters in front of Republic Square]. A retired former colonel will communicate with the defence minister concerning this and provide assistance to him. PA parliamentary group leader, Ahmed Nazim, will monitor this.

3.3.4 Friendly police and friendly military playing their role

Following the arrest of the protesting police, a senior team of friendly police will begin working on their behalf. They will claim that the military cannot arrest police and request discussions between a senior police team and the defence ministry. This team will comprise of 9 senior police officers and former police officers. When the defence ministry says that there is no room for negotiation regarding this, the team will command all police to abandon their command and gather at the Republic Square helipad.

[Text missing]

Police will be informed under the guidance of Umar Naseer. And all police will be informed via SMS. This will incite hatred of the police towards the military and the coordination established between police and the military will be lost. And at this time, protesters gathered near the Shaheed Hussain Adam building [police headquarters] will get the opportunity to break the barricade and enter the Republic Square. However, it is believed that the military will strongly look after the MMA and Reefside area.

3.3.5 Media and communication

The media will play the most important role at this juncture. DhiTV, DhiFM and VTV will claim that the police and the military are preparing for a major confrontation. And former senior police officers will call in the media for all police to go to the Republic Square in defence of their brothers.

Phones will be used as the primary mode of communication to carry this out. Friendly police will ensure by this time that communication-jamming facilities will be damaged beyond use. If phone calls and SMS are jammed due to any reason, messages that must be sent to police and the army will be delivered directly from DhiTV and DhiFM. Under such circumstances, these two media will become the primary communication and the communication coordination team will shift to the DhiTV studio.

3.3.6 Assistance from the military

As preparations would be underway for a major confrontation between police and the military, and because of the large number of police gathered at the Republic Square, the numbers of the military in Male’ at the time being small compared to the police, the police being in possession of non-lethal weapons, the most important power of the military being lethal weapons, and the fear of serious bloodshed in the country if the military uses lethal weapons against police, and after informing senior military officers of the superiority of police over the military, all of the military troops will be called on, with the assistance of the defence minister, to lay down their arms and join the protest.

It is believed that under the circumstances, with the situation brought to this [state], the military will have no other option and will accept the proposal. If they do not accept, the defence minister will do it forcefully.

3.3.7 Arresting Mohamed Nasheed

Following cooperation from the police and military, as it is the responsibility of the SPG [Special Protection Group] military officers to protect the president at such a time, Mohamed Nasheed will be taken out of Male’ by them under the pretence of protection. Mohamed Nasheed will be kept at Aarah [presidential retreat island] under military custody.

3.3.8 Supreme Court ruling that Mohamed Nasheed’s presidency is illegitimate

As the country’s order and stability would be lost with matters at this state, with the police and military clashing and the military not obeying Mohamed Nasheed’s command, a case will be filed at the Supreme Court requesting a ruling declaring that Nasheed has been found incapable of performing the duties of the President as there could be serious discord, unrest and bloodshed in the country if he remained in the post. Assurances have been received that the Supreme Court will issue such a ruling or court order to that effect when the case is filed.

The Supreme Court will sentence Nasheed to jail and bar him from politics for life because of the illegal activities committed while he was president, the allegations of efforts to wipe out Islam from the Maldives, and for the crime of illegally detaining politicians.

Filing the case at the Supreme Court and discussions concerning this matter will be carried out under the supervision of Qaumee Party President Dr Hassan Saeed. Dr Hassan Saeed and Ahmed Nazim from the People’s Alliance will carry out lobbying efforts to secure the support of a majority from the Supreme Court bench. Assurances have been given by PPM that Azima Shukoor will work to secure the assistance of the Chief Justice.

3.3.9 Vice President Dr Mohamed Waheed Hassan Manik taking the oath of office

Following the judgment of the Supreme Court passed upon Mohamed Nasheed, Vice President Dr Mohamed Waheed Hassan Manik will take the oath of office and become the president. After the swearing-in, Dr Mohamed Waheed will immediately dissolve the cabinet.

After the president dissolves the cabinet, the fraternal political groups together with the president will carry out forming a new cabinet and appointing ministers. The newly formed cabinet will comprise of 10 ministries. As the defence ministry and home ministry are important for national security, ministers will first be appointed for these two ministries. The two ministers that shall be appointed are,

Defence Ministry. Appointing current Defence Minister Tholhath Ibrahim Kaleyfan to the post.
Home Ministry. Appointing PPM interim deputy leader, Umar Naseer, on behalf of the party, as the Home Minister.

In addition, ministers will be appointed to the rest of the ministries on an equal basis among the fraternal political groups. And a vice president will be appointed as agreed upon by the fraternal political groups.

The following persons shall be appointed as the senior officers of the police and military,

Retired Colonel Mohamed Nazim will be appointed to the post of Chief of Defence Force.
Retired Assistant Commissioner of Police Abdulla Riyaz will be appointed to the post of Commissioner of Police.

4. Dissolving MDP’s political activities

As the fraternal political groups have agreed that exerting influence upon the current leadership of the MDP and taking over control of the MDP is of utmost importance, it has been agreed to do the following to dissolve the current MDP leadership,

4.1 MDP President Dr Ibrahim Didi

As Dr Ibrahim Didi is politically weak and not a political person despite being someone paving the way to advance politically, it has been noted that controlling MDP through Dr Didi will be easy. To this end, it has been decided to secure MDP’s presidential ticket for Dr Didi.

With the likelihood of MDP splitting being high as a result of the difficulties Dr Didi will face under his leadership from Mohamed Nasheed’s friends, Jumhooree Party Leader Gasim Ibrahim will provide assistance to Dr Didi at such a time.

[Text missing]

As Alhan Fahmy has been noted as someone with the capability of rallying and uniting MDP supporters in the absence of Mohamed Nasheed, it has been agreed that removing Alhan Fahmy from the MDP leadership is essential. It has also been noted that Alhan Fahmy does not have the opportunity of contesting in the 2013 election or becoming a vice presidential candidate.

It has been agreed that efforts to remove Alhan Fahmy from the MDP leadership will be carried out under the supervision of PA parliamentary group leader, Ahmed Nazim.

4.3 MDP interim chairperson Reeko Moosa Manik

It has been agreed that keeping MDP interim chairperson Reeko Moosa Manik in his post would be fine. It has been noted that there is room to forcefully do things through him by using the corruption cases involving his Heavy Load company and intimidating him through his business dealings.

As Moosa Manik is seen as someone who would contest for the MDP’s 2013 presidential ticket, he has been noted as a leader who has the approval of MDP’s common members. Therefore, it has been noted that Moosa Manik could be used in the efforts to divide MDP and create antagonism towards Dr Didi within the MDP. It has also been agreed that a group could be formed under Moosa Manik to protest against the new government and create unrest. It has been discussed that the end of MDP could be brought about through these protests.

4.4 MDP National Council

As Mohamed Nasheed directly controls the MDP’s National Council, it has been agreed that controlling the council and bribing members would be important. And it has been agreed to hold a meeting in the coming month of January to formulate a long-term plan to that end.

5. Securing finance

It has been calculated and agreed that a total of 43 (forty-three) million rufiyaa will have to be spent to complete the matters stated in this agreement and to fulfil the demands of the persons who will provide assistance. The funding will be secured through the political parties involved in this agreement and supportive businessmen. PA parliamentary group leader Ahmed Nazim will be tasked with collecting the funds and spending it in accordance with the agreement. And 20% (8.4 million rufiyaa) has been handed over to Nazim by the Jumhooree Party on 26 December 2011.

6. Maintaining secrecy

This agreement, the content of the agreement and any affairs conducted in connection with this agreement shall not be shared or revealed to anyone other than those who sign the agreement. As this is an agreement that is of utmost importance made in defence of Islam and the Maldives, it should be considered that safeguarding this agreement and the information contained therein is done in defence of Islam and the Maldives, and we agree to not share any of this with any other person.

7. Resolution

On this day, 29 December 2011, I agree with a sound mind and following extensive discussion to completely carry out the aforementioned matters, as they are necessary for the defence of Islam and the nation, with the involvement of everyone party to this agreement.

Download the original document in Dhivehi

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“Serious failings in the justice system entrenched impunity”: Amnesty International

Failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity” in the Maldives during the past year, Amnesty International has said in its annual report.

“These [failings] included the absence of codified laws capable of providing justice equally to all and the appointment of judges who lacked formal training in law without serious scrutiny of their legal qualifications,” the international human rights organisation stated.

“Throughout the year, authorities were accused of political bias for fast-tracking the prosecution of opposition supporters accused of criminal behaviour during rallies while failing to prosecute police and others suspected of committing human rights abuses during the same protests.”

The 2013 Amnesty annual report on the state of the world’s human rights observed that former President Mohamed Nasheed’s resignation on February 7, 2012 was “followed by months of protest and political repression.”

Nasheed resigned in the wake of a violent mutiny by Special Operations (SO) police officers, who assaulted government supporters, ransacked the ruling party’s Haruge (meeting hall), staged a protest at the Republic Square, vandalised the police headquarters, clashed with the military and stormed the state broadcaster.

Since the transfer of presidential power, the security services have used excessive force “to suppress demonstrations that were largely peaceful,” the report noted.

In June 2012, the Maldives Police Service (MPS) however denied “in the harshest terms” allegations of police brutality by Amnesty International.

“Supporters of the former President’s Maldivian Democratic Party (MDP) were targeted for attack in February. Detainees were subjected to torture and other ill-treatment,” the report continued.

“Targeted violence” against MDP members plunged the nation into “a human rights crisis” in February 2012, the Amnesty report contended.

“Throughout the year, security forces frequently attacked peaceful demonstrators, including MPs, journalists and bystanders, in the capital Malé or in Addu, both MDP strongholds. Officers clubbed them, kicked them and pepper-sprayed them directly in the eyes. Around the time of Mohamed Nasheed’s resignation, from 7 to 9 February, police targeted senior MDP members for attack and tracked down and assaulted injured protesters in hospitals,” read the report.

Amnesty also reported torture and ill-treatment in police custody, including “beatings, pepper-spraying the eyes and mouth, denial of drinking water and, in Addu, incarceration in dog cages.”

The report noted that a Commonwealth-backed Commission of National Inquiry (CoNI) established by President Dr Mohamed Waheed – which found that Nasheed resigned voluntarily – had taken note of “allegations of police brutality and acts of intimidation” and called for “investigations to proceed and to be brought to public knowledge with perpetrators held to account.”

Criminal proceedings have however yet to begin against a single police officer accused of human rights abuses in the aftermath of February 7.

Impunity

In August 2012, the Human Rights Commission of Maldives (HRCM) concluded that the police crackdown on a MDP march across Male’ on February 8, 2012 that left dozens of demonstrators injured was “brutal” and “without prior warning.”

Based on its findings, the HRCM recommended that the Maldives Police Service (MPS) and Police Integrity Commission (PIC) should investigate the “disproportionate” use of force – in violation of police regulations authorising use of less-lethal weapons – and initiate legal action against the responsible officers.

On February 8, thousands of MDP supporters took to the streets after Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinying SO police officers working with the then-opposition and abetted by rogue elements of the military.

The HRCM noted that 32 people filed complaints with the commission concerning varying degrees of injuries sustained in the crackdown and 20 people submitted medical documents of their treatment for injuries.

Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person fractured a bone in his leg, one person was left with a broken arm and six people sustained head wounds.

Two fingers on the left hand of one demonstrator were crushed, the report noted, and the victim had to undergo treatment at the operating theatre.

The PIC meanwhile revealed in December 2012 that it “recorded 24 individual cases of police brutality related to 7th and 8th February” and completed investigation into 12 cases.

Six cases were sent to the Prosecutor General’s Office (PGO) for criminal prosecution.

“In one more case, though police brutality was proven, there was insufficient evidence to identify the responsible policemen. Investigations of the remaining 12 cases is ongoing, but are expected to be completed soon,” the commission said in a status update.

In February 2013, PIC Chair Dr Abdulla Waheed told parliament’s Government Oversight Committee that it was investigating 29 police officers accused of using excessive force against MDP demonstrators.

The PIC chairperson could not confirm whether the commission’s recommendation to dismiss six officers of the 29 under investigation was acted upon.

He added that five cases were pending despite video evidence of police brutality as the officers could not be identified and 11 additional cases remained stalled over lack of sufficient evidence.

Former PIC Chair Shahinda Ismail had revealed that officers the commission had recommended for suspension had instead been given promotions. Shahinda resigned in October 2012 citing “major difference of opinion” with other members.

“What I’ve seen in the actions of institutions is that they have been giving a lot of space for the police to act with impunity,” she said at the time.

February 8 crackdown

While police baton charged the front of the protest march on February 8, Minivan News observed SO officers charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) building.

The SO officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Parts of the attack from the rear were filmed by Al Jazeera, which reported on February 8 that “police and military charged, beating demonstrators as they ran – women, the elderly, dozens left nursing their wounds.”

Former President Nasheed was reported among the injured, and received head injuries during the clashes. He was briefly taken under police custody before being released back into the crowd.

Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area at the Indira Gandhi Memorial Hospital (IGMH).

One young woman who had gone to IGMH with her sister was being treated for a head wound. A gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

“People scattered as officers sprinted towards them silhouetted against the lights of passing traffic,” the BBC’s Andrew North reported from Male’.

“Inside the hospital, dozens of Mr Nasheed’s supporters are still being treated for injuries, following earlier scuffles in the main square. Among them is Reeko Moosa Maniku, chairman of Mr Nasheed’s Maldives Democratic Party – who was with the former president when the clashes broke out. With a large head bandage and his shirt bloodied, he regained consciousness as we arrived. The police said they would kill me, he told us, as they beat me. Another MP was still unconscious in another ward.”

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Sacked Human Rights Minister sues Speaker Shahid for role in alleged “coup d’état”

Former SAARC Secretary General and dismissed Human Rights Minister Fathimath Dhiyana Saeed has filed a lawsuit against the Speaker of Parliament Abdulla Shahid over his decision in February 2012 to declare the presidency vacant.

The suit also asks the court to declare illegitimate the transfer of power following former President Mohamed Nasheed’s controversial resignation.

Saeed, along with her associates, previously attempted to file a similar case at the High Court requesting it rule that former President Mohamed Nasheed’s resignation was obtained under duress.

The group of attorneys claimed that following their assessment of the events that led to the former president’s controversial resignation, several legal inconsistencies and lapses that suggested the transfer of power took place illegally.

However the High Court refused to accept the case claiming that it did not have jurisdiction to look into the matter. However, Dhiyana had at the time contended that she was of the view that High Court did have the jurisdiction.

Former President Mohamed Nasheed resigned following a 22-day continuous anti-government protest led by religious scholars and opposition leaders with the backing of mutinying police and military officers, that began in mid-January 2012. The protest flared after Nasheed’s controversial detention of Chief Judge of the Criminal Court Abdulla Mohamed.

Following his resignation, Nasheed claimed to have been forced to resign under duress, and declared that his government had been toppled in a bloodless coup d’etat.

According to Saeed, the new Civil Court case was a modified version of the case first rejected by the High Court. She also announced the case had been accepted by the Civil Court.

Saeed told Haveeru that it was fundamental in a democratic society for people to have the right to cast their vote. She claimed that people had elected Nasheed for a term of five years, and forcing him to prematurely submit his resignation in a coercive environment was disregarding the right for people to vote and elect their ruler.

Prior to declaring that this right had been grossly disregarded, she argued that it was important for the court declare that President Mohamed Waheed Hassan’s ascension to presidency was illegal and that his government therefore was illegitimate.

Speaker’s role

Speaker Shahid recently defected from the government-aligned Dhivehi Rayyithunge Party (DRP) to Nasheed’s MDP and is currently actively campaigning for Nasheed’s bid for the presidency in 2013.

However Dhiyana Saeed stated that Shahid was the person under the Article 121 of the constitution who was to declare vacant of the office of president, should an incumbent president resign or vacate the office.

“It was the Speaker of Parliament who declared the office of president vacant, be it had he done it knowingly, mistakenly or unknowingly,” Saeed told Haveeru. “This doesn’t mean Shahid committed a criminal offense. It also does not mean that he partook in the events or that he made the decision [maliciously].”

She further contended that Speaker Shahid had failed to look into the circumstances surrounding Nasheed’s resignation before making the declaration.

Saeed told Minivan News on Sunday that she and the counsel have “stopped short of asking for Nasheed’s reinstatement”, claiming that she did not have “the locus standi to ask for a particular relief”.

“If the ruling comes in our favour, it might be possible for Nasheed to institute a second proceeding for reinstatement. As far as this case is concerned, our interest is in the rule of law and invoking constitutional process to uphold the legal order as stipulated by the constitution,” Saeed told Minivan News.

Dhiyana Saeed, formerly a member of current President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has also released a personal memoir explaining her interpretation of Waheed’s ascension to power. In the memoir, Saeed alleged that Nasheed’s political rivals had conspired to assassinate him.

Saeed alleged that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.

Parliament’s Executive Oversight Committee’s review of the report revealed several concerns including omission of key evidence and witness statements.

Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.

He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their information was wrongly presented”.

Parliamentary review

To support its claims, the parliamentary select committee released audio recordings of all the statements given by the witnesses. These included former police and military chiefs and officers, who claimed that Nasheed had no option but to resign.

Leaked statements to the CNI given by key witnesses of the events, including senior police and military officials, also suggested that the transfer of power took place illegitimately.

In the transcript of the statement given to CNI by MNDF Staff Sergeant Shafraz Naeem – the commander of the riot squad of the Bandara Koshi (BK) Battalion on the day – said that he also believed that Nasheed was ousted in a coup.

“In my view this was a coup. Why? I could see it from the way they handled everything, their attitude, how cool and calm all the officers were. I could tell from how cool General Shiyam was inside the MNDF. They did nothing. This is not how a uniformed officer should behave,” he told the CNI.

Meanwhile former President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.

“In essence, my statement is very small. I was forced to resign. I resigned under duress. I was threatened. If I did not resign within a stipulated period it would endanger mine and my family’s life. I understood they were going to harm a number of other citizens, party members. They were going to literally sack the town. I felt that I had no other option, other than to resign,” he said.

On September 2012, following the release of the report, a legal analysis of the CNI’s report by a team of high-profile Sri Lankan legal professionals – including the country’s former Attorney General concluded that the report was “selective”, “flawed”, and “exceeded its mandate”.

“The report offends the fundamental tenets of natural justice, transparency and good governance, including the right to see adverse material, which undermines the salutary tenets of the Rule of Law,” observed the report.

The Sri Lankan legal team also contended that “there is evidence to demonstrate that there was in fact adequate evidence to suggest that duress (or even ‘coercion’ and/ or illegal coercion as used by CNI) is attributable to the resignation of President Nasheed.”

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Sacked Human Rights Minister files case in court to declare Waheed government illegitimate

A legal team led by sacked Human Rights Minister Fathimath Dhiyana Saeed has filed a case at the High Court, requesting it rule that former President Mohamed Nasheed’s resignation was obtained under duress and the transfer of power on February 7, 2012 was illegitimate.

Nasheed’s resignation followed 22 days of continuous protests backed by religious scholars, opposition leaders and mutinying police and military officers, in mid-January 2012, over the controversial detention of Chief Judge of Criminal Court Abdulla Mohamed. Nasheed’s Vice-President Mohamed Waheed Hassan subsequently ascended to power.

Following resignation, Nasheed and his Maldivian Democratic Party (MDP) claimed he was forced to resign under duress and that his government was toppled in a bloodless coup d’etat.

Dhiyana Saeed, formerly a member of President Mohamed Waheed’s cabinet and one of the earliest critics of Nasheed’s decision to detain Judge Abdulla, has released a personal memoir explaining her interpretation of Waheed’s ascension to power. The former SAARC Secretary General also alleged that Nasheed’s political rivals had conspired to assassinate him.

Speaking to Minivan News, Saeed confirmed that the High Court had accepted the initial paperwork. However, a final determination to formally accept the case will be made after review of the paperwork.

According to local media, lawyers joining Saeed in the petition include Ishraq Thaufeeg and Aiminath Nazlee, both whom currently represent Saeed’s newly founded law firm, Fanandheeb Chambers.

Speaking to local media outlet Channel News Maldives, Thaufeeg said following legal reviewing of the circumstances, the firm had noticed several legal inconsistencies and lapses that suggested the transfer of power took place illegally.

He also said that public still questions the legitimacy of President Mohamed Waheed Hassan’s government, and that therefore it was important that a court of law decides on the matter.

Saeed alleged in her memoir that the controversial transfer of presidential power on February 7 was the result of a premeditated and well-orchestrated plan, and questioned the findings of the Commonwealth-backed Commission of National Inquiry (CNI), which had declared that there was no coup and Nasheed had resigned voluntarily.

Parliament’s Executive Oversight Committee’s review of of the report revealed several concerns including omission of key evidence and witness statements.

Chair of Parliament’s Executive Oversight Committee, MP Ali Waheed, claimed the August 2012 report produced by the CNI was “flawed” based on the findings of the committee.

He added that many interviewed by the committee claimed the CNI report lacked “key information they had given [the CNI panel]” while “others claimed their infmrmation was wrongly presented”.

Former Chief of Defence Force Moosa Ali Jaleel was heard telling the committee that he “fully believed that President Nasheed resigned under duress”.

He added that the circumstances leading up to the resignation of former President gave rise to the fact that resignation was obtained by “illegal coercion”.

Meanwhile former Police Chief Ahmed Faseeh told the committee that police officers who gathered in Republican Square on February 7 had disobeyed orders and their actions were grossly inconsistent with the Police Act, as well as professional standards established within the police.

Former Maldives National Defence Force (MNDF) Intelligence Head Brigadier General Ahmed Nilam also testified to the committee that Nasheed was ousted in a coup, claiming that events on February 7 fulfilled all the essentials of a coup.

“Academically speaking, the events on February 7 fulfilled all the essentials of a coup. It involved all the features of a coup that are widely accepted around the world. Some of the elements take place before the toppling of a president. Others take place spontaneously,” he said.

Leaked statements given by key witnesses of the events to CNI, also suggested that the transfer of power took place illegitimately.

Meanwhile President Nasheed told the CNI that he was forced to resign, as he believed his life was at stake on February 7 if he did not.

The CNI report dismissed this theory.

“In summary, the commission concludes that there was no illegal coercion or intimidation nor any coup d’état. The commission has received no evidence supporting or to substantiate these allegations. This disposes the main mandate of the Commission,”

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February 7 a failure of all state institutions, DRP: Umar Naseer

Prospective presidential candidate of the Progressive Party of Maldives (PPM), Umar Naseer, has said the controversial transfer of power on February 7, 2012 happened as a result of the failure of all state institutions and the then largest opposition party, Dhivehi Rayiithunge Party (DRP).

“The HRCM (Human Rights Commission of the Maldives) had become an entity which was only good for releasing vague reports. We saw that only the PG was effective in that he did some work and made some strong, solid statements,” Umar said, speaking at a rally titled “In celebration of reclaiming the people’s government”, held by the PPM in celebration of the first anniversary of the change of power.

“The police and the MNDF had their hands tied by [former President Mohamed Nasheed], and could only do as he instructed them to. I’d describe the judges as having been kept kneeling on the ground. Even DRP’s leadership had failed at the time. This is why we had to leave them and form another party. But what I am saying is that at the time, even the opposition had failed,” Umar continued.

“As a result of the failure of all these institutions, the people came out, struggled through tear gas and rubber bullets, and finally succeeded in bringing Nasheed’s government to an end.”

DRP MP Dr Abdulla Mausoom told Minivan News that the party “did not wish to comment on baseless, empty rhetoric.”

Umar told the approximately 600 people gathered at the rally that February 7 had been a result of “the hard work done by PPM members for the three years since November 11, 2008.”

“After having scored the golden goal and winning the match on February 7, our people bore many injuries when they went back home,” Umar said.

“Our people made their way through rubber bullets. Our people were hit by rubber bullets. Our people were admitted to hospital. Some of our people broke arms and legs. Many of them were arrested,” Umar stated.

“Many said to our people: ‘You won’t be able to do this’, but our people ignored these pessimistic remarks, ignored the pain they were in, and went forward to succeed.”

Citizens, police, MNDF changed government: Umar Naseer

Naseer alleged that had Nasheed’s administration not been toppled on February 7, Nasheed would have set in place “plans he had made to completely destroy the judiciary on February 8.”

Naseer alleged that Nasheed had planned to sideline the Judicial Services Commission (JSC) and instead replace it with a self-appointed Judicial Reform Commission.

“The President’s Office has a copy of a circular that Nasheed had signed and prepared for release. This circular shows that he had made up a Judicial Reform Commission to which he had appointed Mariya [Ahmed Didi, former Chairperson and MP of MDP] as head, and other party officials who would do his bidding. He planned to have judges take oath in front of this commission instead of the JSC, and to declare that any judge who did not would no longer be allowed in our courts.”

Naseer compared the events of February 7 to other historical events in the Maldives.

“The day was similar to when the Portuguese tried to force alcohol down the throats of Maldivians. Bodu Thakurufaanu and his allies had come to Male’ and saved the country then. February 8 was about to become a day like this, but the people saved the country by toppling Nasheed on February 7,” Umar suggested.

“Even the Chief Justice was scared and apprehensive, not knowing just when Nasheed would send security forces to arrest him,” he alleged.

“The most ordinary people of this country came out and changed the government a year ago. They included police, MNDF soldiers and general citizens,” Naseer stated.

“February 7 didn’t happen due to any greatness of ours. It was a victory granted by the Almighty Allah. Of course, Allah only grants victory when some humans put in an effort, which is what we did.”

Legal action against Nasheed must be hurried: Naseer

Naseer further said that the state institutions were “once again leaning back on their hind legs” and failing to take legal action against Nasheed.

“The arson attacks on February 8 were the largest of their kind in the country’s history. It must be called the ‘big flame’. That day wouldn’t have come if this government had taken strong action against Nasheed. We would have been able to save so much then,” Naseer said, criticised the current government of which PPM is also part.

“But then, our government was very new at the time. It had suddenly ascended to power and had a lot of matters to settle. Maybe that’s why they failed to take necessary action.”

Naseer then said that the institutions were once again failing to function as mandated, citing their “failure to take action against the MDP who are orchestrating street protests and yelling near houses.”

“Mohamed Nasheed still comes out onto the streets. He does as he pleases. He says what he pleases. He goes to foreign countries. He is even destroying our tourism. He is calling out for various action to be taken against us. He is able to do all this, in my view, because our institutions continue to fail us. Please don’t let this happen,” Naseer said.

“Remember that this victory is only temporary. We will only have fully succeeded when we win the 2013 elections. PPM will do all possible to ensure this,” Umar said.

“But as our party does this work, I call on all state institutions, the Attorney General, Prosecutor General, judges in all the courts, to keep in mind the ‘big flame’ incident of February 8 and take necessary action against its perpetrators,” Naseer said.

“Most importantly, I call on them to very quickly look into Nasheed’s arrest of Abdulla Ghazee [Abdulla Mohamed, Chief Judge of the Criminal Court] and to take whatever possible legal action against him soon,” Naseer said, concluding his speech.

President’s Office Spokesperson Ahmed Thaufeeq was not responding to calls at the time of press. HRCM Vice President Ahmed Tholal and Prosecutor General Ahmed Muiz were also not responding to calls, as was MDP Spokesperson Hamid Abdul Ghafoor and MP Mariya Ahmed Didi.

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Battle for the brand: Are the “hard days” over for Maldives tourism?

As the Maldives looks to boost tourism arrivals following negative international coverage of the country’s political unrest this year, one leading branding consultant has said destinations looking to overcome bad headlines rarely find quick fix solutions to improve their image.

Following the controversial transfer of power that brought President Dr Mohamed Waheed Hassan to office on February 7, negative headlines regarding the political situation and violent clashes between civilians and security forces were deemed as having an adverse affect on tourism in the Maldives.

However, tourism authorities this week talked optimistically of the prospects for growth in the industry following several months of uncertainty that it said impacted growth – predicting a resurgence in international visitors towards 2013.

Earlier this week, Deputy Minister for Tourism, Arts and Culture Mohamed Maleeh Jamal claimed “the hard days” were over for the Maldives tourism industry, after a Commonwealth-backed report last week rejected accusations that the present government came to power illegally.

Former President Mohamed Nasheed and the opposition Maldivian Democratic Party (MDP) have continued to allege that they were removed from office in a “coup detat”, claiming the Commission of National Inquiry (CNI) failed to include key witness statements and evidence in its findings.

Amidst the uncertainty since February’s power transfer, tourism authorities in the country have pursued a strategy of collaboration with the country’s private sector to try and strengthen arrival numbers to the country. This focus included signing a US$250,000 (Rf3.8million) advertising deal to promote the country’s tourism industry on the BBC through sponsorship of its weather services.

In April, the Maldives Marketing and Public Relations Corporation (MMPRC) confirmed the appointment of New-York based public relations agency Ruder Finn to “oversee the overall media coordination and achievement of PR related solution for destination Maldives.”

However Peter Mathews, founder and chief Executive Officer of UK-based branding consultancy Nucleus, claimed a quick fix solution to changing perceptions of a destination on the back of negative international headlines was unlikely.

Mathews took the examples of Sri Lanka and Bahrain as countries that had experienced difficulties attracting tourists on the back of unfavourable headlines relating to reports of political uncertainty or human rights abuses.

“Both of these destinations have had issues with branding. Branding alone is not an instant solution for a country’s reputation,” he told Minivan News. “If you are not transparent about issues, they will still be there for tourists to see once you scratch below the surface of a destination.”

With the growing prominence of social media and video sharing services like Twitter, Facebook and YouTube, Mathews claimed it was becoming increasingly difficult to move on from negative headlines without addressing the key social or political issues.

“We now live in a digital world of instant updates and information, there is nowhere to hide,” he said.

“Ultimately, the best way to re-brand in the medium to long-term is for a destination to try and ensure transparency and avoiding contradictions.”

According to Mathews, a single negative headline about a destination required number of positive stories in order for it to overcome any detrimental impacts to a country’s reputation.

“It can take a while these days for unfavourable headlines to slip down the Google rankings. Of course, some have turned to using the ‘dark arts’ but this doesn’t always work. Particularly in the luxury market, where consumers tend to be much better informed when it comes to travel,” he said.

Talking about the potential challenges for the Maldives regarding boosting confidence in the tourism industry, Mathews said that authorities would need to satisfy resort owners and the international brands operating in the country, as well as the wider population that positive changes were being enacted.

“Suddenly, word of mouth can become very important. This makes it difficult to paper over the cracks,” he said.

Mathews said the Maldives’ relatively unique resort industry – a hundred-or-so resort properties exclusively built on individual private islands – had been afforded protection from any political unrest that centered mostly on its inhabited islands.

“The Maldives resort experience is obviously very different to the Maldives experienced in the capital of Male’, and this does help insulate the industry from uncertainty,” he said. “Yet economically, I would have thought there was interest to try and bring tourism income directly to the capital and other [inhabited] local islands.”

However, the negative impacts on Maldives tourism witnessed following February’s political turmoil appears not to have been repeated despite fears of continued unrest.

The UK Foreign and Commonwealth Office (FCO) updated a travel advisory for the Maldives on August 24 to account for potential violent clashes linked to the release of findings by the Commission of National Inquiry (CNI).

“Very positive”

Amidst talks of potential boycotts of the Maldives travel industry, a stance at one point this year backed by former President Mohamed Nasheed, Deputy Tourism Minister Maleeh contended that arrival figures immediately after February had been sluggish. However, even before the release of the CNI’s findings, which were welcomed by the Commonwealth last week, Maleeh contended that arrival figures had shown “very positive” during June and July.

The deputy minister therefore moved this week to play down fears over the country experiencing continued difficulties in attracting visitors.

“The hard days are over following the findings of the [CNI] report. Over the last week, unlike February, we have seen no major disturbances in the country and this sends a positive message out about the destination,” he said. “During the next four months we are expecting a positive outcome for the industry despite the economic crisis.”

Maleeh added that in light of political instability and “turbulence” experienced in the country since the transfer of power, internal stability was a huge part of attracting and maintaining visitor numbers

“What we do is try to provide the industry and media with information that is true and accurate,” he said.

In March, the Maldives Marketing and Public Relations Corporation (MMPRC) announced that, as well as returning to its ‘sunny side of life’ branding, the industry had set a target during 2012 to attract one million visitors to the country by year’s end.

Maleeh claimed that the industry remained on track to meet these goals, despite certain key challenges such as the impact of ongoing financial uncertainty on some core European tourism markets like the UK and Italy.

During the last 120 days of 2012, Maleeh said that a major tourism marketing push was being planned to meet these goals. This focus was said to be focused on over 12 major emerging and established markets through Europe and Asia, including measures such as six travel road shows and an international media push.

“We will be bringing an estimated 40 journalists from around the world for press familiarisation trips to show them the ‘sunny side of life’,” he said.

Maleeh claimed that the MMPRC would also be collaborating with over 300 industry stakeholders including resorts groups, liveaboard boat operators and travel agencies to attend a number of major travel events and fairs around the world including London, Rome, Tokyo and Osaka. Key national markets in China and Eastern Europe would also be included.

Maleeh said authorities considered using special roadshow events in order to ensure a short-term boost in tourist interest.

Back in April, the MMPRC teamed up with local airline group Mega Maldives to carry out a travel road-show to promote the Maldives through what it described as a whistle-stop tour of five Chinese cities in one week.

According to Maleeh, the tours allowed the private sector to “close deals” during a period of “sluggish” growth in February and March.

“The roadshows have shown very positive results and we are looking to have one in Eastern Europe to try and boost the market in countries like Poland and the Czech Republic.

The MMPRC has also announced a commitment to take part in special market focused events like the Dive Resort Travel (DRT) Expo in China and other luxury travel-focused shows.

“Sunny side of life”

As part of the organisation’s marketing push, Maleeh added that under ‘sunny side of life’ brand, authorities would make use of a number of what he called lesser known taglines to target specific areas including ‘the spiritual side of life’ and ‘the colourful side of life’ – a tag used to play up the country as a dive destination.

“These messages are quite useful in areas like the Middle East, which are very popular with honeymooners,” he said. “Right now we are hoping that 2012 is shaping up to be a very promising year for tourism in the Maldives.”

Beyond addressing the Maldives’ image, several industry insiders have also raised concerns of late about the financial realities facing both local and multinational companies working in the country.

Just last month, several resort managers voiced concerns over revenue raising measures proposed by the Finance Ministry, which they claimed would have a detrimental financial impact on the tourism industry and provide little improvement in service or support in return.

The proposed measures were part of an ‘austerity’ package sent to parliament’s Finance Committee during August in a bid to address the country’s crippled financial condition.

However, since the publication of the CNI report, President Waheed told Reuters this month that China would grant the Maldives US$500 million (MVR7.7billion) in loans during his state visit to the country.

The loans, equal to nearly one quarter of the Maldives’ GDP, would include $150 million (MVR2.3billion) for housing and infrastructure, with another $350million (MVR5.4billion) from the Export-Import Bank of China, reported Reuters.

Minister of Finance and Trasury Abdulla Jihad told Minivan News today that despite the possible provision of finance from China, the proposed revenue raising plans such as
raising Tourism Goods and Services Tax (TGST) to 15 percent were still being discussed to help balance finances.

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HRCM findings will reflect CNI conclusions on transfer of power: President’s Office

The government will not make “special” preparations to address the findings of the Commission of National Inquiry (CNI) once they are published next week, claiming it does not expect any “abnormal” outcome from the report that would see its legitimacy questioned.

President’s Office Spokesperson Abbas Adil Riza today told Minivan News that while it did not wish to speculate on the CNI’s outcome before receiving its findings on August 29, the government expected similar conclusions regarding the transfer of power to those of the Human Rights Commission of the Maldives (HRCM).

The opposition Maldivian Democratic Party (MDP) has dismissed the government’s claims, adding that the CNI was an independent body, overseen by international partners, and would therefore focus on the “big picture” concerning the power transfer, rather than any individual report.

The HRCM yesterday publicly released several reports around alleged human rights abuses committed in the lead up to February 7, as well as reported violations that occurred once the government of President Dr Mohamed Waheed Hassan came into power on February 8.

Among some of the key findings of the reports were that former President Nasheed gave “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6. The HRCM also concluded that the Maldives Police Service needed to investigate alleged brutality conducted by its own officers after the transfer of power.

The HRCM’s findings are expected to be taken into consideration by the panel currently overseeing the CNI, which includes members appointed by President Waheed and a representative for former President Mohamed Nasheed. Under its reformed composition, the CNI is also co-chaired by retired Singaporean judge Govinda Pannir Selvam. Representatives from the United Nations and the Commonwealth will also advise the CNI’s work.

The CNI was initially established by President Dr Mohamed Waheed Hassan to investigate the details of February’s controversial transfer of power, before having its board reconstituted following international and domestic pressure.

Potential outcomes

With the government expected to receive the CNI’s report on August 29 – a day before it will be released to the public – Abbas Adil Riza said that the President’s Office saw “no need” to devise plans to address the potential outcomes of the CNI.

“The HRCM report has proven what we have always maintained about how this government came to power. We expect similar findings [from the CNI] that the previous chief executive displayed gross negligence and a violation of laws. We don’t expect a different stand,” he claimed. “However, on the basis of the CNI report, we will take necessary actions against any criminal behaviour found to have been committed at the time, should issues be raised.”

Abbas added that elections were therefore still scheduled for July 2013. Both the MDP and the Commonwealth Ministerial Acton Group (CMAG) have called for early elections to be held during 2012 to resolve the increasingly bittier political divide in the country.

With President Waheed expected to travel to Sri Lanka tomorrow for a postponed state visit, Abbas claimed that no discussions regarding the CNI and its outcomes were planned with Sri Lankan President Rajapaksa.

He added that the visit would therefore be focused on high-level talks concerning wider bilateral relations and commercial opportunities between the two nations.

“Out of context”

Responding to the release yesterday of the HRCM’s findings, MDP Spokesperson and MP Hamid Abdul Ghafoor said the party’s “experts” were studying the individual reports at present before making comment.

However, on a first glance basis, he accused the HRCM of publishing a “convoluted array of statements” that were additionally “out of context” with wider happenings during the transfer of power.

“The report accuses [former] President Nasheed of issuing unconstitutional orders, the whole thing is out of context and frozen over a 48 hour period,” he said. “At this stage, I would say there are many oversights in these findings.”

Ghafoor added that Abbas’ claims that the CNI would draw a similar conclusion to the HRCM’s findings reflected the position taken by Umar Naseer, Interim Deputy Leader of the government-aligned Progressive Party of Maldives (PPM).

On Sunday (August 19), Naseer leaked details of the HRCM’s findings before they had been released publicly, focusing on claims that Nasheed had given “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6.

He added that the HRCM report concluded that the MNDF and police officers at the Artificial Beach area were “unlawfully” ordered to leave the area, which led to a breakdown in command and control of the security forces.

The HRCM report was also said by Naseer to conclude that Nasheed’s orders to leave the area violated article 245 of the constitution, by obstructing security forces from fulfilling their lawful duties.

However, Ghafoor added that he was “not concerned” that the HRCM’s findings would lead the CNI to dismiss the MDP’s allegation that it was removed from office in a “coup d’etat”.

He claimed that due to international participation, the CNI, as an independent body, was well placed to view the HRCM report in the wider context of Maldivian politics. Ghafoor claimed that the CNI would be aware of alleged concerns over the conduct of the country’s independent institutions to do their work without political influence.

Ghafoor alleged that during the last three years, the majority of former opposition, now government-aligned, MPs had allowed the country’s independent institutions to be “shielded” from scrutiny concerning the outcomes of their work.

“The HRCM has always been a source of problems concerning independence” he claimed. “You just need to look at its failure to investigate the atrocities committed under the former government [of President Maumoon Abdul Gayoom].”

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HRCM to publish February 7 report at “earliest” date following alleged leak

The Human Rights Commission of the Maldives (HRCM) will release its report on rights abuses leading up to February’s controversial transfer of power as soon as possible after parts of its findings were allegedly leaked by the Progressive Party of Maldives (PPM).

The HRCM claims that the report has not been shared with any political party as of yet, while raising fears sections of it may already have been used as a “political tool” after being disclosed to the media.

Speaking to Minivan News today, HRCM Vice President Ahmed Tholal said that the commission had only shared the report with stakeholders to whom its recommendations were relevant. According to Tholal, these stakeholders include the Maldives Police Service and other selected state institutions.

According to details of the report leaked by PPM Interim Deputy Leader Umar Naseer on Saturday (August 18), the HRCM concluded that former President Mohamed Nasheed gave “unlawful orders” to the Maldives National Defence Force (MNDF) and police officers at the Artificial Beach area on the evening of February 6.

According to Naseer, the HRCM report stated that the MNDF and police officers at the Artificial Beach area were “unlawfully” ordered to leave the area, which led to a breakdown in command and control of the security forces. Consequently, citizens were injured and huge damage was caused to the state, Naseer stated, citing the report.

While local media has reported that the document shared by PPM was the HRCM report with sections removed, Tholal confirmed that the full report had been sent to stakeholders.

Tholal said that in light of the reported leak, the HRCM now intended to share its published findings with the public at the earliest possible date. He was unable to provide a specific date, but said the decision had to be made in a commission members’ meeting as required in their regulations.

Meanwhile, HRCM Commission Member Ahmed Abdul Kareem, speaking during a press conference on July 18, stated that the commission would not be looking into the events surrounding the transfer of power on February 7 as it did not fall within the body’s mandate.

When asked about the contradictions between this statement and the accounts given by Umar Naseer that were said to be have taken from the report, Tholal responded today by saying that he had not seen what details the PPM Deputy Leader had shared. He claimed that the HRCM had not conducted any investigation into the controversial transfer of power.

Tholal also expressed concern that the report was currently being used by some entities as a political tool ,“The reason why we haven’t put in a confidentiality clause is that our intention is to release it to the public when the time comes. It is not a confidential document as such. But the point is, when it is shared, we expect it to be used for the intended purposes and not as a political tool”.

In addition to the PPM, its coalition government partner the Jumhooree Party (JP) also held a press conference about the report this week.

Local newspaper Haveeru reported that Jumhooree Party (JP) Deputy President Ameen Ibrahim stated the leaked report would put an end to questions about the transfer of power in February. According to Ameen, the two main questions around the events on February 7 had been answered through the report; firstly whether there was a coup, followed by whether or not President Waheed assumed his presidency through legal means.

While HRCM claims that they had not investigated the transfer of power through their report, JP Spokesperson Moosa Rameez contended the findings provided conclusive details on the event.

The JP representatives also stated they were very confident the upcoming Commission of National Inquiry (CNI) report would conclude the transfer of power had not been a “coup d’etat” as alleged by the now opposition Maldivian Democratic Party (MDP).

Neither the PPM’s Umar Naseer or JP spokesperson Abbas Adil Riza were responding to calls at the time of press.

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