Tag: transparency maldives

Week in review: October 5 – 12

After nearly two weeks of deliberations, the Maldives Supreme Court this week chose to annul the first round of the presidential election. The 4 to 3 decision hinged on a police report – seen only by the judges – that suggested 5,600 ineligible votes had been cast.

In the dissenting opinion, three of the seven member bench questioned the credibility of the evidence presented as well as questioning the court’s authority to rule on the case.

After consulting with government representatives on the repeated first round – scheduled for October 19 – in compliance with the court’s ruling, the EC was quickly told that it’s re-registration process had not followed the verdict.

The commission was ordered to re-start the  entire process, putting the new polling date in doubt.

The latest court ruling came after the UK’s Foreign Secretary William Hague had stated as “imperative” that there were no further election delays. The week had begun with the UN Security Council being warned that democratic gains were “under threat” in the Maldives.

The Security Council was briefed on the growing instability in the country, an impression that will not have been altered by further signs of tension within the MNDF this week. More suspensions followed the circulation of a ‘letter of concern’ by senior officers last week.

Online speculation forced prominent lawyer Shaaheen Hameed and Defence Minister Retired Colonel Mohamed Nazim to deny rumours of an impending military takeover.

The Maldives Democracy Network, alongside the International Federation of Human Rights, were the first NGO’s to condemn the Supreme Court’s verdict – calling the decision “materially baseless”.

The decision was quickly followed by attempts from certain political and civil society representatives to bar presidential candidate Mohamed Nasheed from subsequent polls – a move condemned by incumbent President Dr Mohamed Waheed.

Waheed himself received a stern rebuke from Canadian Foreign Minister John Baird’s office after complaining about the treatment of his own foreign minister at the recent CMAG meeting.

Nasheed and his Maldivian Democratic Party (MDP) chose to interpret the first round’s annulment and the setting of a new date as a “huge victory”, bringing to an end its eleven consecutive nights of protest – during which 65 people were arrested.

Meanwhile, his political opponents began their campaigns with talk of fielding a single candidate in the (new) first round.

Campaigning on Jumhooree Party candidate Gasim Ibrahim’s Sun Island resort seems to have been continuous, with employees revealing details of multiple dismissals based on political affiliation.

The Prosecutor General’s Office assured the EC that it would receive full protection after it received a complaint regarding the behaviour of security services last month.

The failure of the police to stop an arson attack that destroyed MDP aligned Raajje TV this week – despite having been forewarned – brought stinging criticism from Reporters Without Borders.

The station was able to return to air with donated equipment just hours after the attack, whilst military officers were stationed outside all other media outlets.

The intimidation of civil society groups in recent weeks prompted concern from both the Maldives Human Rights Commission as well as Transparency International, whose Maldivian chapter has received threats as well as promises of investigation from the government.

Local NGO Advocating the Rights of Children (ARC) told Minivan News this week of its concern that child protection commitments undertaken by successive Maldivian governments remain “inadequate”.

Finally, the Maldives Monetary Authority’s quarterly bulletin showed that a shortfall in expected revenue, coupled with increased recurrent expenditure had caused the government’s finances to further deteriorate.

One potential source of additional revenue appeared to have been found this week as the government announced it would be sell shares in the state-owned Maldives Airports Company Limited – the current operator of Ibrahim Nasir International Airport.

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Transparency International “gravely concerned” about safety of Maldives staff, volunteers

Transparency International has expressed “grave concern” about staff and volunteer safety and “alarm” over the intimidation and public allegations threatening its Transparency Maldives chapter.

“Transparency International is gravely concerned about the safety of chapter staff and volunteers following an attack on one of its volunteers and telephone threats received by chapter members,” the international anti-corruption NGO highlighted in a press statement issued today (October 7).

“There appears to be a negative campaign in the local media aimed at undermining the effectiveness of Transparency Maldives’ anti-corruption work. Last week a senior member of the cabinet publicly threatened to close Transparency Maldives down,” Transparency International noted.

“Transparency Maldives has always played an active and constructive role in advocating for government transparency and accountability. We call on the authorities to ensure the safety of its staff and volunteers,” stated Transparency International.

Transparency Maldives is part of the Transparency International anti-corruption movement that includes more than 100 chapters worldwide.

Death threats and street attack

“An elections program intern was attacked on the street and had her phone snatched away,” Transparency Maldives’ Advocacy and Communications Manager Aiman Rasheed told Minivan News today.

Death threats were issued to Transparency Maldives staff by an unknown caller who contacted the organisation’s office, explained Rasheed. Both incidents occurred within five day period, during the last week of September.

“During every election these things occur, it’s not abnormal. However, the situation in the country has worsened since the 2008 [presidential] election,” said Rasheed.

“At that time, murder was unheard of and stabbings were rare. Now the threats seem more real in the current environment [with tensions escalating],” he added.

Today a death threat tweet stating “We will slaughter all of you goats until there are none left” was directed at Transparency Maldives and the Maldives’ former UK High Commissioner Farah Didi.

In regard to the “negative media campaign” aimed at undermining Transparency Maldives’ anti-corruption work, Rasheed noted that the Maldives Media Council (MMC) and Maldives Broadcasting Commission (MBC) “will be aware of this” given their participation in the Elections Commission’s National Advisory Committee.

It is unclear whether MMC or MBC have taken actions to address these local media issues, but given the “general environment… a lot needs to be done in this situation” by regulatory authorities, he continued.

“Keeping [Transparency Maldives] staff and volunteers safe is our number one priority,” Rasheed declared.

In light of the recent death threats and attack of an intern, Transparency Maldives is urging staff and volunteers to be more careful, he explained.

“We are monitoring the environment and updating all our people,” said Rasheed.

Staff training has been conducted as part of Transparency Maldives’ security priorities, and the organisation’s electronic equipment and office are closely guarded, he explained.

“All [election] observers and volunteers are trained to remove themselves from any situation if any violence occurs,” he noted. “Their purpose is to observe whether violence has occurred, not to determine who hit whom.”

Transparency conducted an extensive election monitoring program, fielding a team of 400 election monitors during the first round of September 7. The organisation stated that the process was fair and credible and that incidents observed on the day would not have had a material impact on the outcome of the election.

Transparency Maldives called on all parties to act with restraint and uphold the constitution to allow for a run-off election to take place.

The Supreme Court on September 23, however, issued an indefinite injunction halting the second round of the presidential election, which had been scheduled for September 28.

Following the Supreme Court injunction, Transparency Maldives noted that the failure of parliament and the Judicial Service Commission (JSC) to address alleged integrity issues of the Supreme Court judges have “created avenues for political and other actors to question the conduct, injunctions and verdicts of the Supreme Court”.

The following week, State Minister for Home Affairs and the Registrar of NGOs Abdulla Mohamed declared that Transparency Maldives and the Tourism Employees Association of the Maldives (TEAM) were under investigation for “unlawful acts” and warned the NGOs that organisations acting outside of law would be dissolved.

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Home Ministry launches investigation of Transparency, TEAM

State Minister for Home Affairs and the Registrar of NGOs Abdulla Mohamed has declared that the Tourism Employees Association of the Maldives (TEAM) and Transparency Maldives (TM) are under investigation for “unlawful acts” and warned NGOs that organisations acting outside of law would be dissolved.

Speaking to local TV station Villa TV (VTV), Abdulla said the Home Ministry is looking into complaints that TEAM had committed “irresponsible and unlawful acts.”

Transparency Maldives is also under investigation for challenging the Supreme Court, he said.

“We will not allow any organisation to challenge the law. NGOs acting outside the law will be dissolved,” Abdulla said.

Abdulla’s warning comes after both TEAM and TM spoke out against a Supreme Court injunction on September 23 ordering the Elections Commission (EC) to delay the second round of presidential elections.

The order came during an ongoing case filed by Jumhooree Party (JP) to annul the vote.

The apex court issued a second injunction on September 26 ordering security forces to ensure compliance with its first injunction. The police then surrounded the EC, shortly before the commission declared conditions unsuitable for the second round to proceed.

TEAM – an industry body representing some 5000 workers across the country’s luxury resorts – criticised the first order, saying it “destroys the principles of democracy we have embraced and voids articles of the constitution.” The union threatened prolonged strikes should polls be delayed.

TM issued a statement on September 26 expressing concern over the Supreme Court’s integrity due to the state’s inaction over Justice Ali Hameed’s leaked sex tapes in which he appears to be fornicating with three foreign women in a Colombo hotel room.

In a second statement on September 28, the NGO called on the Supreme Court to “uphold the spirit of the Constitution and respect people’s electoral choice.”

Transparency Maldives had conducted the most extensive elections observation with 400 observers across 20 atolls. It subsequently questioned the delay of polls after not having received “any reports that suggest systematic fraud in its nationwide observation and no credible evidence that supports such allegations has been made public.”

Secretary General of TEAM, Mauroof Zaki said the Home Ministry had called the organisation’s President Ahmed Shiham inquiring about TEAM issuing a “political” statement.

“Even if the Home Ministry takes us off the register, we will not cease to exist. The Constitution allows freedom of association. The international community and our members accept us. Even if we are dissolved, we will continue our activities with more strength,” Zaki said.

Transparency Maldives’ Advocacy and Communications Manager Aiman Rasheed said the organisation is trying to verify the registrar’s comments.

“Transparency Maldives represents Transparency International in the Maldives and operates within the ambit of the law,” he said.

The Maldives Democracy Network and the NGO Federation have also expressed concern over the election delay. They have urged the Supreme Court to deliver a speedy verdict and to allow elections to proceed as per the constitution.

Maldives Port Workers also stopped work for an hour on Sunday in protest against the election delay.

Abdulla Mohamed was the Vice President of the Civil Alliance Coalition of NGOs (Madhanee Iththihad) which was at the forefront of protests in the lead up to the ousting of former President Mohamed Nasheed.

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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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Q&A: Elections Commission Chairperson Fuwad Thowfeek

The Maldives’ Elections Commission (EC) is preparing for the presidential election’s second round run-off amidst the Jumhooree coalition’s refusal to accept its first round defeat, triggering a barrage of judicial, political, media and civil society actions against the commission.

The Jumhooree Party (JP) – in conjunction with the Attorney General (AG) and the Progressive Party of the Maldives (PPM) – has led a Supreme Court case to annul the election, whilst the party’s High Court case against the commission was conducted in tandem. In response to the JP’s vote fraud claims the police barricaded the EC secretariat and searched its garbage, while multiple protests and threats have targeted  the commission and its members and local media has broadcast unsubstantiated information about the commission and electoral process.

The EC has emphatically dismissed allegations of vote rigging as “baseless and unfounded”, highlighting its transparency and extensive preparations – conducted with international support – to ensure a free and fair polling process. International election observers have unanimously commended the first round of polling, calling for losing parties to accept defeat and allow the second round to proceed as scheduled.

With the September 28 run-off less than a week away, Minivan News discusses some of the challenges faced by the commission with Fuwad Thowfeek, Chairperson of the country’s first independent Elections Commission (EC).

Supreme Court case

Leah R Malone: Considering the politicised nature of the Supreme Court – as highlighted by the UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul – is there a risk the Supreme Court’s order to hand over the EC’s only original copy of the voter list could lead to it being tampered with? Specifically, given the lack of material evidence or witnesses presented against the EC thus far, is there a potential opportunity for names to be added to the original voter list to substantiate the JP’s claims?

Fuwad Thowfeek: Thursday (September 19) the Supreme Court ordered the Elections Commission provide the original voter list, so we’ve been making color copies. EC members sat down and discussed [the situation], the constitution and presidential election laws, as well as met with our legal team. Since it’s a Supreme Court case they can order anything be given, so it’s best to follow that order [and provide the list].

However our legal team advised us to take very accurate color copies of each page before sending the originals. We are keeping the duplicates and in case any changes are made [to the originals] we will very easily be able to recognise them. It is the best solution we have at the moment.

As of about 3:45pm or 4:00pm Friday (September 20) we sent 120 lists to the Supreme Court. 200 will be sent Saturday and the day after the remaining lists. We are sending the original documents as the copies are being made.

LRM: If the Supreme Court rules to annul the presidential election’s first round, what will the Elections Commission do?

FT: That’s a big question because according to the constitution and even elections law there is nothing said [about whether the Supreme Court can take that action]. We have to ask the Supreme Court to give a timetable or something [for the presidential election]. Other than that there’s nothing we can do.

We won’t be able to fulfill the time requirement set forth in the constitution [if the run-off isn’t held on schedule]. 120 days before the end of the current president’s term a presidential election must be held. If there is no election then the [democratic] constitution, presidential and general election law will not be satisfied.

The strangest, funniest thing is that they are still not able to identify a single person who has voted fraudulently. For example, they have not been able to show anyone who is younger than 18 has voted, but they have been claiming many underage people fraudulently voted. If there are many [that voted fraudulently] they should be able to verify and show at least one person. They are also claiming that dead people voted, and when they submitted the list of seven names to the High Court, the court gave us the list to check. So we reviewed the voter registry and voter list, found phone numbers on record for four people and when we spoke with them, the individuals verified they were indeed alive and had voted. We are sure we will be able to find the remaining three people.

The other thing is if a dead person voted, someone should be able to show that this is the person who voted under the deceased’s name. Also, the JP is claiming 50,000 fraudulent votes have been added. The strangest thing is none of these ballots have been identified. No ballot boxes were found to have more votes cast than voters registered. Only one ballot box – located on a resort island – was found to have exactly 100 percent voter turnout. The average voter turnout was 88.44 percent nationwide.

LRM: Has Attorney General Azima Shukoor been in contact with the Elections Commission?

FT: That was another surprise to us actually. She has not been in contact with us and then suddenly appeared in the Supreme Court case. The funniest thing is the AG is supposed to support government institutions, but in this case the AG is speaking against the EC. She is supporting JP without evidence or witnesses, just saying there were errors in the voters list, but is not able to cite what those specific errors are because she has not seen [or requested to see] the list.

When I heard the AG was going to participate in the Supreme Court case, I thought it would be on behalf of the EC and she would tell the court [the vote rigging allegations are] simply not possible and the court cannot give any room to cancel the first round and re-hold it. [However,] when the AG came out and spoke against the EC – just like any political party supporter of JP – we released a press statement stating that the commission regrets this action by the AG. Both the AG and the JP have not provided any evidence or witnesses to support their allegations.

The government has spent over MVR 30 million (US $1,949,310) on the first round, there is no budget remaining [to hold both rounds again]. If it’s difficult for the government to provide the additional budget for the second round, there will be so many difficulties if the [results are annulled and] voting rounds are held again.

[Prior to the Supreme Court case] we hadn’t had much contact with the office of the AG or the AG. Last year after the change of government, in March or April, the EC met with the AG and spoke about changes that were required in the election laws, but nothing has materialised so far. She told us at the time that there were so many laws requiring revision.

Before the end of the last Supreme Court session, the Chief Justice ordered the EC to submit the original copy of the voters’ list. They are probably going to check the list to see whether people below the age of 18 voted. If they want to check for that, it’s fine. We are 100 percent sure they will not find anyone below 18 who voted.

Accessing the voter list

LRM: Following the High Court order for the EC to allow JP access to the voter list – under the guidelines determined by the commission – what were the exact protocol guidelines the EC enacted during the JP representative’s visit? What other political party representatives were present?

FT: Tuesday (September 17) the High Court ordered the EC to show the voter list to political parties. We have only one original [copy of the voters list] and had to make arrangements to follow the High Court’s order to show JP [the list], so we made the arrangements for Thursday (September 19).

This was because the EC needed time to prepare, seek advice from our legal team, and to hold a discussion meeting with our members. At the same time, arrangements for other candidates to see the voter list were also made. We invited all four political parties to send representatives to see the original voter list.

The viewing started at 10:00am. A team from JP came and GIP, but no PPM – even in court they said they did not want to see the voter list. An MDP representative came, but he said he did not want to see it.

We asked the other two – representatives from JP and GIP – what they wanted to see. Then again they wanted more people [from their parties] to come and for the EC to make copies [of the list for them]. But we couldn’t make that arrangement because we have to be very careful with our only copy [of the list], so our own official would show it to one representative at a time. There were arguments from the political party representatives [about these guidelines].

[However,] the lawyer, Dr Hassan Saeed [JP presidential candidate Gasim Ibrahim’s running mate and head of JP’s legal team] said that now he does not need to look at the voter list anymore because he would prefer for the EC to hand it over to the Supreme Court.

(JP’s Legal Advisor Mohamed Haleem told Minivan News last week that the party would seek an additional High Court order for unrestricted access to the voter list).

LRM: With the ‘leaked’ police intelligence report – which the AG is citing in the Supreme Court – alleging there were “some opportunities for fraud” and “illegal voting”, the AG arguing for the Supreme Court to order the police to investigate the EC, and the police barricading and searching the EC’s garbage, do you think the police are politicised and acting against the EC?

FT: I don’t think anything will happen. I heard the AG demanded the PG issue an order to the police to investigate some of these allegations, but so far the commission has not been contacted by the police or the PG. But we don’t know anything about this. The AG should have met and spoke with the EC before making such a decision and then advising another institution [to take action].

LRM: What has been the outcome of the Maldives Broadcasting Commission (MBC)’s investigation into Villa TV (VTV) broadcasting programmes to incite hatred and create an uprising against the EC? Have any substantive actions been taken by MBC against VTV?

FT: We don’t know about the [outcome of the] MBC investigation. They said they will be taking actions against those broadcasting untruthful content. We know that VTV has stopped broadcasting the ‘Olhuvaalee Vote Ge Namugai’ (‘fraud in the name of the vote’) programme. But for a very long time they have been showing ‘Fasmanzaru’ (‘five horizons’), where various JP political party members or supporters just talk against the EC or against the election’s first round. Although what they have to say has no substance.

Saturday or Sunday we have to send a complaint letter to MBC. Again I have called MBC’s President Mohamed Shahyb and by phone have spoken to him about ‘Fasmanzaru’ [and the unsubstantiated claims its spreading].

LRM: How will the EC provide more timely information to media during the second round run-off to avoid the confusion created by inaccurate local media reports of polling station figures during the first round?

FT: We have not yet decided. I think we need more frequent refreshing of figures and will try to have more frequent reports from the EC on the 28th. If everything does not go well it may be difficult… we may not be able to go to the Dharubaaruge [convention centre in Male’]. We will try to have better updates through the internet, but will be focusing on communicating directly with the media.

Threats and protests

LRM: The ‘National Movement’ has announced they will raise their voices in protest if the Supreme Court doesn’t rule against the EC. They are calling for the EC to be reformed – with yourself, the Vice Chair Ahmed Fayaz, and commission member Ali Mohamed Manik resigning. Have previous JP protests and planned National Movement protests caused any problems for the EC? Why are they targeting the three of you?

FT: Even JP supporters – except the 20 or 30 people shouting on the streets – have accepted the first round results and are not causing any problems.

Thursday night around 10:30pm 20 or 30 protesters came near the EC Secretariat, shouted for 30 minutes and left. They were demanding my resignation and saying ‘thief of votes’ and that type of thing, they wanted the [first round] results cancelled and a fresh election to be held. Sometimes they ask for myself and the Vice Chair to resign, sometimes different EC members, and sometimes the entire commission.

These are a few unsatisfied people paid by somebody – who has the money – but they know they’re not shouting for any solid thing. They get on a loudspeaker [and protest] after somebody asks or pays them – they are doing it for that reason alone, not based on anything reasonable. If it was a public thing then I’d be more concerned. But this is just a few people and most are not educated. They don’t know what’s going on [with the election] or how the voting process works.

There are five members of the EC and all decisions are made by the five members. [However,] the Vice Chair Fayaz, member Manik, and I are the three members interacting the most with the public, on TV etc  – that’s why they are going against us.

LRM: What kind of threats have been made against EC members and/or staff?

FT: 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’. We [commission members] have security provided by the police and we move around with them.

My wife has been scared. Two times people went near our home shouting [and protesting], but the police protected our home and stopped the people from coming too near.

LRM: Do you think the MPS can provide adequate security for EC members?

FT: Yes, the MPS is fully capable. I’m sure nobody can harm me. They have to look at a distance but can’t touch me. Of that I’m fully confident, I’m not scared. I’m confidant know what I’m doing is right and I have the support of the people and the whole international community – observers and monitors. They’ve seen the electoral process [during the first round], which they have commended, praised, and complemented. I’m very happy and am moving ahead with my duties. My work cannot be stopped by a few people. I have full confidence in myself and am moving ahead.

LRM: The JP, some of their supporters, and the National Movement have claimed the EC, its members and staff are biased toward MDP – will you clarify for the public whether there is any truth in this accusation?

FT: There’s no truth to that, it’s some kind of story that some of the opponents wanted to spread. This commission, all its members and staff, do not belong to any political party or align with any political party.

We have staff who are married to people from different political parties – PPM, MDP, DRP, etc – and police officers. Staff members’ spouses may belong to a political party, but that is their own interest and has nothing to do with the duties of our staff. I have full confidence in our staff, they are very faithful to their duties and this commission and would not do anything unjust. I’m confident in my staff and that none are aligned with the MDP.

If they [a particular politician or political party] don’t get the result they want from a particular institution, they tend to claim that institution is opposition-aligned. The MDP got the best result [Nasheed secured 45.45 percent of the vote], so this time the EC is accused of being MDP aligned. If Yameen won then the EC would be accused of being PPM aligned.

In another instance, right after the change of government [in February 2012] some said the Human Rights Commission of the Maldives (HRCM) was PPM aligned, because most of the decisions made were more likely to the advantage of PPM. That’s just the kind of talk that happens.

Run-off preparations

LRM: What kind of support are local and international partners providing the EC for the second round? Is anything additional needed prior to the run-off scheduled for the 28th?

FT: We are getting a lot of support from international and local partners. The Commonwealth has expressed their satisfaction with the EC’s professionalism and their continued support for the commission. They will be sending another observer team for the run-off. The EU sent different observer teams – from various countries – on the 7th and will most likely send more for the 28th. Observers from Japan, Thailand, India, UK, US, and a Pakistani Elections Commissioner were present during the first round and expressed their interest in observing the second round. They will most likely send more teams for the run-off. I think they will come before the 28th to see the place, visit other islands, and see how ready we are for the second round.

Transparency Maldives sent the observers nationwide and their report praised the electoral process. The HRCM also observed the first round and praised us on our work and confirmed everything during the election went well. The Maldivian Democracy Network also expressed their support and commended the work the EC has done.

LRM: How have EC members, staff, and their families been impacted by the controversy the commission has faced since the first round? How has this impacted run-off election preparations?

FT: Right now there is very heavy work we have left to do before the 28th. We are so busy we are working 24 hours a day and the EC staff works in shifts, half are sent home to sleep when the other half report in.

For example, in addition to the 470 ballot boxes necessary for the first round, the second round will require an additional box be placed in Riyadh, Saudi Arabia, and two more on tourist resorts that have applied to keep ballot boxes this round.

Everyone of us has to spend so much time in the office. We go early in the morning and stay until late at night, even on weekends, while our families are alone at home. Our families suffer, but they fully support us so we can fulfill our national duty.

It’s a very difficult job but I’m lucky to have the confidence of the people and [political party] leaders – even Gasim’s close people, President Waheed and President Nasheed know me well, and the honorable Yameen and Gayoom know and trust me. Even those who speak against me only speak for political gain or just to control their supporters.

I know what I’m doing is right and everything will be fine for elections to take place the 28th. We are fully ready for the second round. If we are able to hold on until the 28th then we will know the next president of the country.

LRM: Given the barrage of judicial, political, media and civil society actions against the EC, is the electoral environment still conducive to holding a free and fair presidential election on September 28?

FT: I think on the 28th of September the second round will go ahead as we have planned and have been working toward. There has been very little or no change [in the electoral environment] that would require we make any changes to our own program. Compared to last week, this week things have very much improved. I’m very confident things will calm down.

I’ve spoken to different people [representing political parties] and the most interesting thing is even those against us in the Supreme Court, they know there was nothing wrong with the election. Gasim’s employees, senior political party members, are trying to just give him a perspective that they did so much to cover up their failure to get Gasim the required number of votes [to proceed to the run-off]. They know the cases submitted in the High Court and Supreme Court are not going to give them any recount. Nothing will come out in their favour. They just want to go as far as they can go.

A lot of energy has been wasted by everyone – their people, our people, the Supreme Court.

I’m very hopeful the country will be ready for the run-off. We cannot keep this second round [from happening on schedule]. Particularly for the benefit of the country, to maintain the peace and harmony of our home [nation], we have to hold the second round.

If we fail, we will likely face more and more problems as the time passes. It will be in the interest of the government, all political parties, and all thoughtful citizens of the country to hold the run-off. Anybody trying to obstruct the election is unpatriotic.

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Transparency Maldives reveals election day plans

Transparency Maldives has revealed details of its election observation plans, involving over 400 volunteers working throughout the country on polling day.

At a press conference this morning, the anti-corruption NGO revealed the extent of its operation – the only “non-partisan and independent observation” program being conducted by a domestic organisation on September 7.

“Transparency Maldives will be covering the election more extensively than anyone else,” said Transparency Maldives’ Program Manager Thoriq Hamed.

He explained that after conducting observations in three national polls since Transparency Maldives’ founding in 2007, this year’s operation was the most comprehensive.

Over 400 volunteers and trained observers will spread across 20 atolls this Saturday, placed randomly on islands in a method used in many other countries.

All volunteers have signed an ‘integrity pledge’ which amalgamates domestic and international election observation standards.

Transparency’s plans have been devised with the assistance of Dr Neil Nevitte, Professor of Political Science  at the University of Toronto and Senior Election Advisor at the National Democratic Institute for International Affairs.

When asked about the case recently filed against the Elections Commission (EC) in the Supreme Court, Thoriq stated that he did not regard the issue as a “major concern”.

“We saw similar issues in 2008… parties should raise any concerns that they have,” he said.

A member of the Progressive Party of Maldives (PPM) – a leading contender in Saturday’s vote – filed the case last week, urging the court to investigate the Election Commission’s (EC) re-registration process, to assure an enhanced role for the military on polling day, and to order an independent audit into the EC’s IT software.

The Commonwealth, the European Union, and India are all sending their own teams of observers to ensure the country’s second multi-party presidential election pass smoothly.

Thoriq explained that Transparency would attempt to give as much help to international observers as it was able to on the day, particularly in terms of logistical information and translation.

However, Elections Program Coordinator Azim Zahir was keen to point out that despite the experience of the international observers, it was Transparency who would have the most valuable data on election day.

Communications Manager Aiman Rasheed will be stationed in EC headquarters throughout the day, and Transparency will hold two election day press conferences.

The first is to be held early in the afternoon, discussing the opening of polls, and the second will take place later in the evening, covering the day’s proceedings and the count itself.

Earlier this month, both the opposition Maldivian Democratic Party (MDP) and Human Rights Commission of the Maldives (HRCM) announced their own plans to station election observers in specific areas of the country.

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Transparency Maldives voices concerns over Supreme Court integrity

Transparency Maldives has raised questions over the integrity of the Supreme Court after a recent scuffle within the seven-member judges bench over the appointment of parliament’s choice to replace former Chair of Civil Service Commission (CSC) Mohamed Fahmy Hassan.

“Transparency Maldives calls upon the Supreme Court to maintain its actions in such a fashion that the court does not allow further diminishing of its integrity and to be transparent in its functioning and sharing of information to strengthen the public trust towards the institution,” read the statement.

The Supreme Court’s seven-member bench was split following the issuance of an injunction ordering the appointment of Dr Mohamed Latheef at the CSC. Chief Justice of Supreme Court Ahmed Faiz Hussain released a statement to media accusing his own court of issuing the injunction without the knowledge of himself and two other Supreme Court Justices (Ibrahim Areef and Muthasim Adnan).

The local NGO has released a statement claiming that the Supreme Court’s failure to make key documents public, such as the recent injunction, showed how much the apex court of the country disregarded the need for transparency in important matters.

Transparency in the functioning of an institution and respecting the right to information being a fundamental necessity in order to refrain from corruption and corrupt practices, said Transparency, pointing out that disregard for such necessities a negative impact on public confidence.

The Supreme Court, being the final authority to decide on all legal and constitutional matters of the state, was irresponsible to allow the public to question its integrity at a time when political polarization has taken its toll, said Transparency.

The NGO called on the court to release a copy of the injunction, and the statement made by the Chief Justice regarding the injunction, to public as it concerned the interests of the public.

Parliament and courts clash

The parliament and the Supreme Court came to loggerheads following Supreme Court’s decision to overrule the parliamentary deposition of then CSC Chair Fahmy.

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

Fahmy was alleged to have called the female staff member over to him, taken her hand and asked her to stand in front of him so that others in the office could not see, and caressed her stomach saying ”it won’t do for a beautiful single woman like you to get fat.”

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.

Earlier this August, the parliament disregarded a prior Supreme Court’s ruling when appointing Fathimath Reenee Abdul Sattar to replace Fahmy at the commission.

However, just minutes before the former Permanent Secretary to the Ministry of Defence was given the letter of appointment by President Mohamed Waheed Hassan to, the Supreme Court issued an injunction to halt the appointment contending that Fahmy had requested the Supreme Court to look into the matter.

According to local media reports, the court’s injunction stated that appointing a new member to the commission, when the court had already decided the dismissal had been in violation of the constitution, was itself unconstitutional.

Shortly after the Supreme Court Injunction, the chief justice then accused his own court of issuing an injunction without his knowledge.

Meanwhile, the Attorney General Azima Shukoor has reportedly advised President Waheed that he does not have any responsibility for determining members to the CSC.

Last week, Parliament appointed CSC member and former chair Dr Mohamed Latheef as the new chair of the commission. However, Fahmy has refused to step down and is still continuing to appear at the CSC meetings as the chair of the commission leading to further disputes.

Last Thursday, the new CSC Chair Dr Latheef sent a letter to the President asking him to find a solution to ongoing issues with Fahmy. Dr Latheef stated that Fahmy continued to come into work after his dismissal by the parliament, obstructing the running of the institution.

Latheef told the president that this issue affected both the civil servants themselves and the services being provided to the public. President Waheed responded last Friday stating that he would make a decision within the next three days regarding the issue.

“I have to seek the legal advice on the matter. This matter has become very complicated now,” President Waheed told local newspaper Haveeru on Friday.

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MP proposes amending constitution to limit parliament to 77 MPs

MP Ahmed Amir has proposed an amendment to the Maldives Constitution that would prevent any further increase in the number of the country’s MPs, as authorities prepare to create additional constituencies to be contested during 2014’s parliamentary elections.

Haveeru has reported that the proposal was submitted by MP Amir, a senior figure within the Maldives Development Alliance (MDA), after the EC announced in June that eight additional MPs would be elected next year on top of the existing 77 members.

This increase, mandated by the constitution based on population statistics received by the EC, would take the total number of lawmakers to 85 once polling scheduled for next year is compete.

Based on the basic salary and allowances MVR62,500 (US$4000) paid to the country’s MPs, local media predicted that eight additional parliamentary representatives would cost the Maldives MVR500,000 (US32,400) per month.

Representatives for the opposition Maldivian Democratic Party (MDP) today dismissed MP Amir’s proposals as being of limited concern to politicians and the wider public with a presidential election just under a month away.

Meanwhile, Dr Ahmed Didi, Deputy Leader of the Jumhoree Party (JP) said he personally believed the increase in MPs next year should go ahead as mandated within the country’s constitution.

However, he said that no formal decision had been taken by the JP on the issue, with the party’s council eventual deciding whether to support a proposed increase in MP numbers.

Government Aligned Progressive Party of Maldives (PPM) MP Ahmed Mahloof and Dhivehi Rayyithunge Party (DRP) Parliamentary Group Leader Dr Abdulla Mausoom were not responding to calls at time of press.

“Public disillusionment”

The decision create eight additional salaried parliamentarians was taken as civil society and senior political figures have raised concerns over the last year about accountability within parliament and a sense of “public disillusionment” with the country’s democratic system.

Findings compiled by NGO Transparency Maldives published shortly before last year’s controversial transfer of power found that a vast majority of a survey group of 1001 believed parliament to be the country’s “most corrupt” institution.

MDP spokesperson and MP Hamid Adbul Ghafoor told Minivan News today that proposal to limit the number of Maldivian MPs to 77 was not seen as a pressing concern for the party at present, with the general view taken that the party should try to make the constitution adopted in 2008 “work”.

“I would say this [issue] hasn’t sparked interest at a party level. As far as we are concerned the constitution says that boundaries should be withdrawn,” he said. “With the election coming we are not interested at the moment.”

When questioned over how a public reportedly disillusioned with parliament’s conduct might view an increase in the number of salaried MPs, Ghafoor dismissed suggestions there were any widespread concerns about the work of parliamentarians.

He expressed belief that parliament was “very popular” among the public compared to how the Maldives’ legislature had been viewed before the country’s first multi-party democratic election in 2008, where it operated as a body to rubber stamp the edicts of former President Maumoon Abdul Gayoom.

Ghafoor was also critical of Transparency Maldives, accusing them of failing to hold parliament to account and showing transparency themselves.

“Transparency Maldives is a big joke.  You may quote me on that,” he said, accusing the NGO, which oversees projects such as Majlis (Parliament) Watch, of failing to engage with the country’s parliamentarians.

Transparency Maldives Project Director Aiman Rasheed was not responding to calls at time of press.

Ghafoor claimed that the MDP represented a ‘new order’ for democratic politics, alleging all other parties in the country that came to power in February’s controversial transfer of power representing an ‘old order’ favouring autocratic rule.

“The old order doesn’t like that it lost control [of parliament]. The only way it can gain control now is through a popular vote,” he said.

Ghafoor claimed additionally that the MDP had itself in the past tried to resist efforts by the People’s Majlis to approve increased salaries and bonuses for MPs, arguing the party had “never initiated” increasing such incentives for elected officials in the Maldives.

He added that certain MPs including himself had rejected receiving a MVR 20,000 (US$1,298) per month allowance to cover a parliamentarians phone, travel, and living expenses.

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Maldives Bar Association calls for suspension of Supreme Court Justice pending sex video investigation

Additional reporting by Mohamed Naahee

The Maldives Bar Association (MBA) has called for the suspension of Supreme Court Justice Ali Hameed pending an investigation into his alleged sexual misconduct.

In a statement, the MBA challenged the independence and transparency of any Judicial Service Commission (JSC) investigation without the suspension of the judge in question.

Hameed is under investigation by both the police and JSC over the circulation of at least three sex videos apparently depicting him fornicating with unidentified foreign women.

Four members of the JSC voted in support of a motion last Wednesday (July 17) against suspending Justice Hameed due to “lack of evidence”, despite recommendations that he be taken off the bench until investigations were concluded.

Following the decision, JSC Deputy Chairman Abdulla Mohamed Didi and Latheefa Gasim resigned from the five-member committee investigating the matter.

The Bar Association, presided over by former Attorney General Husnu Al Suood, said in a statement (Dhivehi) released today that it was “against principles adopted in modern democratic societies” to allow Supreme Court Justice Ali Hameed to remain on the bench while he faced allegations of adultery and other concerning conduct.

The JSC last week disregarded a recommendation by its own investigating committee to suspend Hameed, leading the MBA to questioned whether the JSC was capable of reviewing the matter impartially.

The Bar Association said prompt action was needed to verify whether the allegations against the judge were legitimate, in order to maintain public confidence in the integrity of the Maldives judicial system.

Priority, the association argued, had to be given to uphold credibility, integrity and public trust within the country’s legal system rather than “defending the interests” of a single judge.

The statement also called on the JSC to appoint two members to the subcommittee investigated the judge’s conduct that had been left vacant by the resignations of Abdulla Mohamed Didi and Latheefa Gasim.

Transparency calls for investigation

NGO Transparency Maldives also expressed concern that leaked video footage purportedly of a supreme court judge acting in a “culpable manner” could jeopardise the integrity of the country’s apex court, and public confidence in the wider democratic system.

“There is a duty vested upon all relevant authorities to uphold and protect the integrity of such a important state institution,” the NGO said in a statement (Dhivehi).

“Therefore, Transparency Maldives believes that, in order to ascertain Supreme Court’s credibility and public trust, it is very important for all authorities to reveal the truth behind the accusations as soon as possible.”

The NGO called on authorities and the JSC to refrain from any conduct that could be deemed as “dubious” in their handling of investigations into the judge.

Chief Judge of the Supreme Court Ahmed Faiz has meanwhile urged the public and media to refrain from making statements that would give a negative image of the judiciary, and called for constitutional amendments.

Leaked footage

The video of the Supreme Court Justice allegedly indulging in adultery came into media limelight following the arrest of Ahmed Faiz – a senior Council Member of President Mohamed Waheed Hassan’s Gaumee Ihthihaad Party (GIP) and former Project Advisor at the Housing Ministry.

Snapshots taken from the video began circulating on social media networks Twitter and Facebook, prompting a police investigation. The police formally notified all relevant authorities including the JSC, the Prosecutor General and President Waheed regarding their investigation into the case.

The JSC is also investigating a further two videos involving the Supreme Court Judge, including spy camera videos of Hameed discussing political corruption of the judiciary with a local businessman, and a meeting with former Immigration Controller Ilyas Hussain Ibrahim.

‘Fake’ claims

The footage has been branded a politically motivated attempt to discredit the judge and dismissed as “fake” by local business tycoon, JSC member and presidential candidate MP Gasim Ibrahim,

Gasim has meanwhile said he personally saw no conflict of interest between his bid for the presidency and current role on the judicial watchdog. The presidential candidate  voted against suspending Supreme Court Justice Ali Hameed during the JSC vote.

The public’s representative on the JSC, Sheikh Shuaib Abdul Rahman, was sharply critical earlier this year of the commission’s conduct and motivations, particularly its “open discussion” of its intent to eliminate Gasim’s rival presidential candidate, former President Mohamed Nasheed, from contesting the upcoming elections.

“It is common now to hear a lot of MDP and Nasheed bashing in commission meetings. This was not how things usually were before. I believe politically biased comments like this have increased since Gasim joined the JSC as a representative of the parliament,” Sheikh Rahman stated in March.

“Gasim even went to the point of asking the UN Special Rapporteur Gabriela Knaul when she held a meeting with us to state in her report that it was Maldivian Democratic Party (MDP) who torched the courts. I heard him say exactly that,” Sheikh Rahman said.

Knaul’s final report to the UN Human Rights Council following her mission to the Maldives in February, was a damning indictment of the country’s judicial crisis.

JP Spokesperson Moosa Ramiz was not responding to calls from Minivan News at time of press.

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