Raajje News Blog

#Maldives: Tremors in Ruling Coalition in The First Weeks of #Yameen's Presidency?

2013-12-01T14:13:00.000+05:00

#Maldives: As the Yameen Abdul Gayoom presidency settles in to its third week, signs of discontent are appearing among the government coalition. The new government came to power in a narrow win of 51.39% of a wide coalition of several parties led by Progressive Party of Malives (PPM) against a solitary opposition, Maldivian Democratic Party (MDP) led by former President Mohamed Nasheed. Yameen's narrow victory can in fact be attributed to influential business man Gasim Ibrahim throwing his full weight and that of his party (Jumhooree Party) and coalition partners behind Yameen in the final runoff. Gasim, a candidate himself for Jumhooree Coalition, came third in Round 1 of the elections, with a significant voting block of 48,131 votes (23.35%). Core members of Jumhooree Coalition were Adhaalath Party (AP) and Dhivehi Qaumee Party (DQP).

As the new Government settled into power, cabinet seats and other political appointments were rapidly distributed amongst coalition partners. Out of the 15 members Yameen’s cabinet, only five ministers are from Yameen’s PPM. The remaining 10 ministerial portfolios are of parties of the parties which backed Yameen. Gasim's leverage is evident in the core cabinet seats secured (Transport, Trade, Energy, Attorney General). The powerful post of Home Minister was also by Gasim secured for his coalition partner, former PPM Deputy Leader and formerly anti-Yameen campaigner Umar Naseer. Umar Naseer was resoundingly defeated by Yameen in PPM's presidential primaries in early 2013 following he began a strong anti-campaign against PPM and Yameen which eventually resulted in his dismissal from PPM. Adhaalath Party secured two cabinet seats, Islamic Affairs, and Housing. PPM coalition partner MDA also bagged one cabinet seat.

The government's woes have arisen due to the fact that elections for Local Council and Parliament (Majlis) were announced while it struggled for fair distribution of political appointments to coalition partners. Local council elections has been scheduled for January 18 whilst Majlis elections will be on March 22, 2014. Following the announcement, Gasim Ibrahim immediately declared that his party Jumhooree Party would contest both elections in collaborations with PPM/MDA, a very heartening move for the Government.

However, coalition partner Adhaalath has been equally quick to declare it would contest separately in both elections for significant number of seats (32 Majlis seats and roughly 104 Council seats). Adhaalath is estimated to have a significant support base in some areas which may secure it Council seats. However, its support base may not be strong enough to defeat PPM Coalition or MDP for more than one or two Majlis seats. Given this, it is obvious that Adhaalath, while not winning by itself, will do maximum damage to PPP Coalition candidates by eating into their votes.

As the Yameen Government struggles to quickly agree with Gasim Ibrahim and remaining partners on distribution of Council and Majlis seats. MDP has thrown another spanner in the works by declaring that its MPs will not endorse non-PPM nominees to the cabinet. This is a possibly move targeted at leveraging Gasim Ibrahim away from the government coalition for the upcoming elections. Speaker Abdullah Shahid has informed the Goverment that if the parliamentary government oversight committee can complete the assessment of the ministers before December 23, he plans to schedule the parliament vote on the cabinet during the sitting on December 29.

During the short period after elections, Yameen has reportedly already done several deals with MDP. Two crucial deals were MDP's withdrawal of its no confidence motion against Deputy Speaker of Majlis PPM's Ahmed Nazim, in return for which PPM withdrew its no-confidence motion against Speaker MDP's Abdullah Shahid, much to the dismay of PPM Coalition supporters.

Yameen has also reiterated publicly that his government would not be investigating or prosecuting any alleged crimes by Nasheed's government, as it had confidence in the independent institutions such as the Anti-Corruption Commission whose mandate it was to investigate such matters. These moves are construed by some as part of ongoing maneuvering with MDP. He has further expressed confidence in the Judiciary and stated a non-interference policy, a policy which has drawn criticism in the light of the scandal related to Supreme Court Judge Ali Hameed.

In spite of this, last weekend government scored a big hit by getting a Supreme Court ruling overturning provisions in the MPs Priviledge Bill, followed by the swift arrest of MDP MP Hamid Abdul Ghafoor, a move strongly condemned by MDP. Government has also taken strong action in the military by sacking senior officers and personnel who supported MDP's stand by petition during the interim period between the annulled vote of September 7th and the rescheduled vote.

As MDP and Adaalath gear up for the local council elections, PPM coalition appears to be struggling to agree on seat distributions for both elections. In the meantime, government appears to be swiftly moving forward in its work, with Ministers expounding policies to implement the campaign manifesto. A further strong move has been to patch deteriorated relations with regional big brother India, with Yameen invited to make his first state visit overseas to India late next month. Interestingly, this is balanced by the announcement that China will provide Maldives with xx in aid. As the days proceed it can be seen that the Yameen government is proceeding cautiously, yet in tandem with opposition MDP. It remains to be seen how long this honeymoon period will last, as slight tremors and faults keep appearing within the ruling coalition, and between PPM and MDP.

#Maldives: Dr. Waheed, Gasim, Thasmeen or Yaameen? Who can best lead a uniity Govt for next 5 years?

2013-02-11T10:33:00.000+05:00

#Maldives: As PPM's Abdulla Yaameen steps up his attempts to destabilize President Dr. Waheed and his Unity Government, questions arise as to Yaameen's eligibility to lead a coalition government. The past month has seen repeated public criticisms by Yaameen of President Waheed, his government's performance and policies. In addition, Yaameen has claimed each success of Dr. Waheed as a success by PPM. Both the Government and coalition partners have criticized Yaameen's attacks and provided facts to disprove his accusations.

President Dr. Waheed yesterday responded to Yaameen's accusations by mildly pointing out that his Unity government was composed of a coalition of parties in which the larger parties such as PPM had larger shares. In addition, he gave factual evidence that Yaameen's accusations of being sold out to foreign states was blatantly untrue. He also called upon coalition partners for unity, saying that "now is not the time for accusations and cause division".

At the forefront of defending the Government has been coalition partner, Dhivehi Raiyyithunge Party (DRP), followed by Adhaalath Party (AP). Gasim Ibrahim's Jumhooree Party (JP) has remained a silent bystander. Most importantly, PPM itself has not made any official party statements in support of Yaameen, highlighting the fact this could just be a personal strategy instead of a party strategy. Yaameen is presently campaigning to become the PPM's presidential candidate, a race which many predict that his opponent Umar Naseer will win. Umar Naseer has a strong grassroots support in Male' and in the islands, whereas Yaameen has to build it up, capitalizing on his position as former president and PPM Leader Maumoon Abdul Gayoom's younger brother. However, media broadcasts of the campaign rallies of both show that Yaameen has far less support, while Umar Naseer's rallies are packed.

As President Waheed has pointed out, given the constitutional structure of the presidential elections, it is a practical impossibility for any single candidate to win in the first round, unless at the head of a coalition of interested parties. Similarly, even if it goes to a run-off between the top candidates as happened in 2008, a coalition is required to clinch the election. Thus, there is no doubt that if opposition Maldivian Democratic Party (MDP) is to be beated, regardless of which candidate they field, there is a critical requirement for a coalition. Now that DRP Leader Ahmed Thasmeen categorically ruled out any chance of DRP joining with MDP for the election, it is abundantly evidence that MDP will be alone except for insignificant smaller semi-parties.

This leaves the issue of which party to lead any coalition which may form. Given the bitter rivalry between DRP and PPM, it can be concluded that neither of these will stay in a coalition led by the other. This is especially so in the light of the potential candidates from each party, namely, Ahmed Thasmeen Ali from DRP, and either Gayoom, Yaameen, Umar Naseer or Ilyas Ibrahim from PPM. PPM has a deep rooted angst against Thasmeen, while Thasmeen and his followers would never accept Gayoom or any of the others given the wide rift and abusive slanging matches still raging between the two parties.

In addition, Yaameen's current campaign clearly shows that, should he become the Presidential candidate for PPM, there is no chance of a coalition with any other party. Close sources report that Gayoom's massive crash in the second round of the elections was solely due to Yaameen. Yaameen apparently refused a coalition with Gasim Ibrahim and Hassan Saeed, leading to these two putting their weight behind MDP.

A further issue is that Adhaalath Party is also unlikely to support PPM, having as they do deep rooted religious issues with Gayoom's religious policies.

With DRP and Adhaalath Party, both strong parties in themselves, out of any coalition lead by PPM, PPM is clearly ruled out as a coalition leader for the Presidential Elections 2013. This leaves behind candidates from JP and Gaumee Itthihaad (GIP), Gasim Ibrahim and President Dr. Waheed. Gasim Ibrahim commands a strong grassroots following himself, and as magnate and philanthropist, is bound to garner a substantial percentage of votes. However, his credentials as presidential material are doubted by many, leading to a distinct aversion to fall in line behind his candidacy. Parties with educated membership such as DRP and Dr. Hasssan Saeed's Gaumee Party (GP) are unlikely to join a coalition led by Gasim Ibrahim. Given Dr. Waheed's democratic credentials, and their practical experience in the past 12 months in Dr. Waheed's Unity Government, it is more probable that both DRP and GP will work with Dr. Waheed instead of Gasim Ibrahim.

Adhaalath Party has forged strong links with President Waheed although he has kept them in line without giving them their head as Nasheed did in his presidency. The Adhaalath Party led Civic Coalition (Madhanee Itthihaad) has also expressed and shown strong support for Dr. Waheed, highlighting the probability of their support for his candidacy at the head of a coalition of parties.

At the same time, Gasim Ibrahim is also more likely to work with Dr. Waheed, albeit in a second round, than with any other candidate. This may not be as clear cut, given that, in the same vein as Yaameen, Gasim is clearly set to contest the first round on his own.

In conclusion, Dr. Waheed's track record for leading a coalition is the strongest, and the experience of the past 12 months will play a large role in trust building between coalition partners. Hence, a likely scenario for the first round is a contest between Dr. Waheed at the head of a coalition of DRP, AP, GP and GIP; Gasim Ibrahim (JP), a candidate from PPM and one from MDP. It would be very unfortunate if Yaameen's empire building dreams endanger the national interest by isolating PPM from the rest of its coalition partners, as this would certainly compromise the chances of defeating MDP in the second round.

#Maldives: President Dr. Waheed - a formidable challenge to any opponent in Presidential Elections 2013

2013-02-09T09:08:00.001+05:00

#Maldives: Unfolding political scenarios country wide bear witness that incumbent President Dr. Mohamed Waheed Hassan will be a formidable challenge to any opponent in the upcoming Presidential Elections 2013. President Waheed yesterday publicly announced that he would be contesting the 2013 elections, leading a coalition of interested parties. The announcement was greeted with support and respect in Maldivian social media and online media, even in the light of the fact that it came on the one year anniversary of the black day that his predecessor Mohamed Nasheed tried to topple him through brute force and arson on February 8th, 2012.

Dr. Waheed's popularity is on an exponential rise within all voting segments, bolstered by a series of bold nationalistic decisions in 2012 in the face of immense international and internal pressures. His historic decision, in the face of extreme Indian Government pressure, to terminate a contract made by Nasheed illegally with Indian multinational giant GMR, and the refusal to bow to unjust pressure from the Commonwealth and individual nations such as Canada and the UK, last year catapulted Dr. Waheed into the Maldivian political superstar league of former Presidents Ibrahim Nasir and Maumoon Abdul Gayoom.

These decisions have garnered such widespread populist support for the quiet yet decisive and straightforward President, that political opponents have started virulent attacks on him. Those with Presidential aspirations such as presidential primaries candidate in the Gayoom's Progressive Party of Maldives, his younger brother Yaameen Abdul Gayyoom, have begun all out attacks on President Waheed's Government and policies. Two days ago, at a public rally on the eve of Maldives Liberation Day February 7th, Yameen accused President Waheed's government and all its agencies as having failed in service to the public. Coupled with the accusations, came Yameen's usual claim of credit for the major successful decisions of the Waheed government in the past year. Similarly, at the closure of PPM's recent Firt National Congress, Yaameen publicly claimed credit for the "GMR decision", claiming that the decision was forced upon Dr. Waheed by Yameen himself and PPM.

Presidential aspirant Yaameen's claims has not received any support from any other party. On the contrary, coalition ally and third largest party in the country Dhivehi Raiyyithunge Party (DRP) has come out forcefully and condemned Yameen's attempts to shackle and destablize his opponent's government. Deputy Leader of DRP's Parliamentary Group Dr. Abdulla Mausoom yesterday accused PPM of working together with Nasheed's MDP to cut off over two billion from the annual public budget, and then turning around and accusing government agencies of non-performance. Mausoom pointed out that these budgetary constraints had been purposefully put in place by PPM to cripple a well performing government.

Dr. Mausoom further went on to accuse Yameen himself of further machinations to shackle Dr. Waheed and government functioning. The Waheed government is presently embroiled in a tussle with the Government Accountability Committee of the Parliament, a committee whose majority is held by Nasheed's MDP. Dr. Mausoom very pertinently pointed out that MDP did not have a majority in the committee before, but only did so because Yameen's previous party People's Alliance (PA) vacated its seat in the committee. Dr. Mausoom alluded to this as a purposeful act designed to mar the Government performance leading to the 2013 elections.

Leader of the Qaumee Party and Political Advisor to the President Dr. Hassan Saeed has come out strongly in support of President Waheed's prospects for re-election. Some days back, Dr. Saeed stated to media that, in his view, President Dr. Waheed is the biggest challenge to any contender in the Presidential Election 2013. The highly popular Adhaalath Party and and Civic Coalition (Madhanee Itthihaad) working for national issues have also endorsed President Dr. Waheed, showing that there will be a solid voting bloc behind Dr. Waheed should he contest Presidency 2013.

As Dr. Hassan Saeed notes, President Dr. Waheed has demonstrated that he is man who can stand steadfast in heavy storms and guide the nation firmly to calmer waters even though working with a crew all of whom may not be working towards the same goal. President Dr. Waheed heads a coalition National Unity Government in which all cabinet posts and over 80% of political are filled with individuals hailing from parties other than his own. A large percentage of this is PPM too. In spite of this, and in spite of several incidents of political differences between President Waheed's nationalist policies and opinions of coalition partners and presidential aspirants such as Yaameen and Jumhooree party leader Gasim Ibrahim, Dr. Waheed guided his National Unity Government through its toughest 10 months to end 2012 on a positive in all aspects, socially, economically and politically.

When the reins of the Maldivian Presidency passed to President Waheed on February 7th 2012, he became the fifth President of the country. Waheed, then Vice President, ascended to the Presidency when Mohamed Nasheed resigned after weeks of civic protests against him. Nasheed even today is on the streets accusing President Waheed him of leading an alleged coup. However, this claim today does not receive the support that it did internationally and nationally after the report of the CONI decisively showed that there was no coup.

When President Waheed ascended to power some political opponents accused him of being a cowardly man with a history or running away when the going got tough. However, this has shown untrue and unfounded. In reality, very few recall that the country's long road to political reform did indeed begin its modern phase with Mohamed Waheed. Political opponents seek to hide the fact that Dr. Waheed is the man who first introduced a Bill of Rights to the Constitutional Assembly, the first to introduce a Bill on Freedom of Speech to the Majlis.

Nicknamed the Professor by his classmates for his studious nature, President Waheed may not have a flamboyant history of a prisoner of conscience. Nor does he have a history of lawlessness and street fighting. However, it cannot be denied that Mohamed Waheed was one man, who had the courage and integrity to stand up for human rights and democracy during the Gayoom regime, long ago while Nasheed was a mere school boy in the UK. Dr. Waheed's Bill of Rights was a landmark bill which sought to guarantee fundamental human rights to Maldivians by entrenching these in the new Constitution of the country. Dr. Waheed ran protest campaigns against the unlawful detention of political prisoners, a notable one of which was Nasheed who now smears Dr. Waheed's reputation calling him a traitor to the country.

President Dr. Waheed comes from an ordinary Male' family which had none of the necessities for social ascendancy at the time, that is, links to nobility or money. However, President Ibrahim Nasir rewarded Handhuvaru Hassan Maniku for his long years of public service by awarding his son Waheed with a scholarship to the University of Beirut. Completing a Bachelor's in English Language and a teaching diploma in war torn Beirut was no easy feat. This exposure to an American liberal education amidst war and strife built up an idealism and activism in Waheed, which he passed on to his students upon his return to the Maldives in late 1970s.

Dr. Waheed's real foray into politics came after he had returned to Maldives a third time (1988), this time after completing a doctorate in international development education at Stanford. Gayoom sought to co-opt Dr. Waheed with key posts in his government, including membership in a number of advisory councils. His popularity growing, Dr. Waheed was a focal point for young educated Maldivians disgruntled with the increasing evidence of corruption in the Gayoom government. His family homes became hotbeds of student dissidence. This became Dr. Waheed's formal entry into politics. A popular man amongst the youth already, much to Gayoom's dismay, Dr. Waheed became an iconic figure who was fighting against corruption and oppression. His opponent, Ilyas Ibrahim, was a powerful man who headed the military forces and controlled government trading.

The fight between Dr. Waheed and Ilyas was seen by Maldivian youth as one of good versus evil. Thousands flocked to Waheed's banner, sporting a thumbs up sign which became synonymous with rights and democracy. Dr. Waheed ran a disciplined and educated campaign which sought to convince Male' voters to vote for their conscience. Backed by big business such as the late Ali Abdulla (Nasheed's father in law), Gasim Ibrahim (current leader of Jumhooree Party) and Ali Hussain (Novelty), the campaign flooded Male' with letters and pamphlets explaining Waheed's political philosophy and campaign manifesto. This was the first real political campaign in Maldivian history.

Voters swept Waheed into first position ahead of Ilyas by a significant margin, about 300 votes. However, Waheed and his supporters could not believe that the margin was not larger. They alleged that the ballot had been tampered with by Gayoom's administration, in order not to defeat Ilyas from the second seat. While Dr. Waheed took his seat in Parliament, his disgruntled family and closest supporters ran anti-government campaigns amongst the Male' voters. These build up to forays in bombings, with scenes reminiscent of today's riots led by Nasheed took place.

President Dr. Waheed's lone crusade for civic and political rights in the Majlis and in civic society cannot be denied. Dr. Waheed introduced to Majlis a Member's Bill for Freedom of Speech. A core provision of this was the citizen's right to criticize government without fear of reprisal. He followed words with action by working for the release of political detainees, the more famous of whom now is Nasheed. Dr. Waheed's Black Ribbon campaign against political detention by the Government was another milestone in the country's road to democracy.

The story of Dr. Waheed's long walk to democracy has been overshadowed by more flamboyant political figures. Yet, it is fact and it is testament to the perseverance and integrity of a patriotic Maldivian. It is significant today that it was Nasheed's attempts to limit freedom of speech by harassing and detaining political opponents who criticized his regime that stirred Dr. Waheed to finally speak out against the Nasheed Government, a sign of Dr. Waheed remaining true to his fight for democracy.

History speaks for itself, as do the actions of the man who has risen from adversity to lead the Maldives in these turbulent times. One year on from the liberation of Maldives from the dictatorship of Mohamed Nasheed, it is evident that incumbent President Waheed is in the strongest of positions to win the upcoming elections, albeit in a second round with coalition support. Dr. Waheed has managed to put the economy back on track despite serious obstacles internally and from neighbouring countries such as India, recaptured national assets such the local international airport from Indian Multinational GMR's death grip. He has restored rule of law and upheld rights of the people. He has refused to interfere in the other independent organs of the state, including the Judiciary and the Parliament. At the same time, he has refused to compromise national sovereignty and independence for short term gains, all of which have generated a strong upwelling of populist support for Dr. Waheed's continued leadership. Diplomacy and integrity appear to win as India is now back on cooperating terms with Dr. Waheed, working to rebuild damaged bridges. Strong links are being forged with Muslim countries, and neighbouring Sri Lanka remains a close friend.

Current unfolding political events and rhetoric by his political opponents bear testament to President Waheed's ascendancy. MDP and DRP are jockeying hand in hand to hasten the elections to within 60 days from opening of Parliament on March 1st, 2013, in order to maintain their eligibility and prevent President Waheed from gaining further ground. PPM has launched all out attacks on President Waheed's presidency and leadership, with its candidates for presidential primaries levelling heated public attacks on his integrity.

In spite of these attacks, once again, perhaps unbeknownst to the wider public, today President Waheed is fighting yet another crucial battle for the maldivian citizen, to defend the right to freedom of association. All major parties represented in Parliament (where President Waheed's party GIP and Adhaalath are not represented) have teamed up to pass an atrocious Act on Political Parties which severely limits the constitutional right of freedom of political association. The act limits the registration of political parties to those parties which can garner 10,000 members raising the bar more than 3 fold from the current requirement of 3,000 members, thereby eliminating from the contest smaller parties like GIP, Adhaalath and several others. Fortunately for the general public, President Dr. Waheed has stood firm against even this attack on fundamental rights coming from within the Parliament itself. He has sent back the Bill without ratification, citing that it violates the constitutional freedom of right of political association by limiting it to arbitray bounds.

As political opponents use all their political might to cripple the Waheed Government and to deter his candidacy, the fact remains that, as President Waheed recently pointed out to AFP, Maldives has faired better under him along its path to democracy than have many other countries. History is testament to this. It now remains up to the individual voter in this presidential democracy to vote for whomever he or she deems best for the country, in September 2013.

#Maldives #Liberation Day Feb 7: Nasheed's changing version of events: Interview on BBC #HardTalk, Feb 16 2012

2013-02-07T20:17:00.000+05:00

#Maldives Liberation Day Feb 7: As Maldives today celebrates its Liberation from the dictatorship of Mohamed Nasheed, it is noteworthy that his allegations of a military are still unproven. This, with revelations of mass corruption and graft during his reign, plus the association to the brutal murder of MP and moderate Muslim scholar Dr. Afraasheem Ali in October 2012, have seen significant loss in grass roots support for Nasheed. Nasheed can no longer muster street riots of significance in his previous stronghold of Male'. Insiders report attendance at Male' party rallies are made mandatory. Nasheed's trips to the islands have been marred by lacklustre reception, requiring huge expenses by MDP to transport followers from Male' each time to make up the numbers.

However, a cult like blind followership still behind Nasheed, mainly the top elite of MDP who received numerous benefits from the state treasury during his short reign. The MDP front ranks lost their political posts en masse, including access to public assets, leaving behind a bitterness that still permeates the social networks, MDP Party rallies and even the previously revered halls of the Parliament. However, public trust in Nasheed and MDP leadership, including MDP MPs, has fully been lost, a case in point being the lack of public interest in current MDP MP machinations to re-open the CoNI investigation into Nasheed's wild claims of a military coup.

Meanwhile, one year past, Nasheed has yet to name any of the military officers he alleges threatened to shoot him and the people. Neither has he submitted his case to the Supreme Court, constitutionally mandated to rule on the legitimacy of the election, resignation or removal of a president. As pointed out by top legal experts, this is the route that Nasheed must take, if his allegations are true. And in any event, there is no legal need for a snap election. Yet, Nasheed shows no sign of taking his claim to a court of law in or out of Maldives, surely a point of significance to consider.

Should the Maldives Supreme Court find in favor of Nasheed, that is, that he was indeed overthrown in a military coup, then clearly he is still the legal president of the country with some months remaining in his term of office. If the Supereme Court should rule that the transfer of power was legitimate, then again President Waheed can serve the rest of the term, with election held by about September 2013 as stipulated in the Constitution.

Nasheed's legal woes add to his political woes, with skepticism rampant even in the top leadership of his party. Those political allies who spent the whole time with him, including his Defense Minister Tholhath Ibrahim, have not corroborated Nasheed's allegations of being threatened at gunpoint. Core members of Nasheed's cabinet have stepped back from his frontline, clearly dissociating themselves from Nasheed.

The changes in Nasheed's versions of events, his inability to provide evidence to substantiate his allegations or to provide witnesses are much discussed amongst the public.

An example of Nasheed's version is provided below, with excerpts from Nasheed's interview on BBC Hard Talk, 16th February 2012.

Stephen Sackur: Mohamed Nasheed in the Maldivian capital Male’. Welcome to HARDTALK. And let me begin with a very simple first question. On February the 7th, you resigned. And a short time later, you announced that you’ve been the victim of a coup. Tell me now what really happened.

Mohamed Nasheed: Erm … On the 6th .. erm .. of this month, at about 5 o’clock in the morning, erm … I went to the National Security Headquarters … erm … because there were mutinous police outside and then I wanted the military to see if they will arrest them. I asked the military to arrest them. And I worked on it till about 11 in the morning the next day. Err … But the military refused and later on they joined with the police and both together gave me an ultimatum that I should resign within one hour. Erm … In front of that kind of hostility … erm … and the threats that they were … erm … very clearly … erm … demonstrating to everyone … erm … I resigned because I did not want the military neither the police to use arms on … erm erm … and shooting at the people. Erm … neither did I want the police to storm the National Security Headquarters. Erm … In the interest of … erm … the people and in the interest of … err erm … peace, erm … well, I decided that the best thing at that time, actually the only thing at that time, I could do was resign. And therefore I resigned … erm … under duress. Erm … Later on, erm erm … I was able to … erm … when I was able to get out of the situation rather get out of the military headquarters and also get out of the … erm erm … Presidential … erm … Palace where I was kept for a few hours (interruption – Stephen Sackur talking.) … Sorry?

Stephen Sackur: If I may just stop you there for a second Mr. Nasheed, I want to be very clear about this. Some sources very close to you have suggested that, when you made that public declaration of resignation, you literally had guns pointed at your head. Is that your claim or not?

Mohamed Nasheed: No that’s a literal .. erm … I mean I don’t think... erm … erm … Literally no there was no guns aimed at my head at the point but I had resigned by the time I gave the statement. Err … They had already taken a letter out of me by the time I had … I gave the statement. So the statement was .. err .. aww … after the resignation. (Long pause). The resignation was under duress.

Stephen Sackur: There are statements from several people – If I may just give you one example – from the current President Mohamed Waheed Hassan who was of course the Vice President at this time before you’d actually resigned – he says that he say you he saw you - he saw you er voluntarily writing out the letter of resignation... (Nasheed interrupts and Stephen Sackur’s voice trails away)…

Mohamed Nasheed: No he didn’t. That is not true. He was not there. This is ... this is … not true at all. No Stephen he was not there. He wouldn’t have seen me writing that letter. There were three military personnel … erm … right in front of me and then there was … there were about eighteen more others … err … a little few steps behind me. Errr … the Vice-President wasn’t there. It was quite unusual that he wasn’t there. (Long pause) This is not true that he was there.

Stephen Sackur: Would you explain the fact that the Indian High Commission is quoted by Indian media sources saying that you had spoken to them hours before the resignation and had explained that because of the unrest in your country because of the potential for great bloodshed you had decided to quit the Presidential Office. That sounds to me like a resignation …

Mohamed Nasheed: Well I had decided to quit because there was a mutinous police force outside and the … erm … the National security forces had joined the police in mutiny. They had given me an ultimatum that if I did not resign within one hour they would resort to use arms. They said that they would use arms on me and, on the people. (Long pause…) that is why I resigned.

Stephen Sackur: Isn’t it true that you resigned because you’ve failed – you’ve failed to maintain the security of your Nation - the most fundamental duty of any President, and you have lost control of many of the people in your Country, including (laughs) people inside your own armed forces, you have failed.

Mohamed Nasheed: Well you have to understand that the Maldives is a very tender democracy. Erm … after thirty years of dictatorship we had a new constitution and we are in the process of consolidating democracy. Now we are unlike in the past we did not purge the police we did not purge the military. Neither did we arrest anybody from the opposition or from the previous Administration, from the dictatorship. We wanted to see how we may be able to work with people. We wanted to see how we may be able to do things more amicably. Erm … I did not remove anyone from the military neither did I remove anyone from the police. Err … The idea was that … err … we will be able to work it out so that democracy can be consolidated over a period of time. Erm … err … While … while we were doing it all along the previous regime the old dictatorship the old order have always been trying to back come and with the help of the police and with the help of the military they forced me to resign and they are back. Err … It’s not Dr. Waheed. It’s the old order in a new façade. Dr. Waheed is the Vice President. Of course he knew about the coup. He knew what was going on. And now the old order is back again. We have to get the Maldives back on track. We have to have democracy here. Our people had high aspirations in implementing the new constitution. Err… and they still … they still aspire … they still want to see the constitution implemented and they still want to see democracy ongoing. You have to have a look at what is happening in the Maldives. There are hundreds of people out on the streets thousands of people out on the streets and they all want to have … they all want to continue with the democratic establishment work we had been doing. That is why people are out on the street. That is why people are calling for an election. I have been removed from Office e forcefully. And now we cannot let an illegitimate government run we have to have fresh elections in the Maldives as quickly as possible.

Stephen Sackur: Yeah, your problem is that although you describe it as an illegitimate Government put in place by essentially a rebellion within the security forces that is not the way it clearly is being seen by many influential outside powers. Why is it you think that the United States, the United Kingdom, India, and indeed the UN Envoy, all appear to recognize the legitimacy of President Waheed?

Mohamed Nasheed: No, they are all … Look, both the Indian Government the US Government and the United Nations they are all saying they need to investigate into the events and how transfer of power happened. What they are suggesting is whoever who is in power whatever the status quo is they will have to work with the status quo. It is not necessarily recognizing the government. I very clearly heard … err … the British Foreign Secretary William Haig saying that it will be difficult to recognize the government unless, until they are clear on what happened in transfer of power. Now we have Commonwealth Ministerial Action Group and they will be coming I am told to the Maldives I am told on the seventeenth and they will ascertain the fact what happened during the 7th, during the 6th and 7th which is during the transfer of power. It was very very simply, a coup. Now I am not hiding. Usually if there was such a outrage against me, and people being deposed and resigned, you usually have a situation where the whole country is in euphoria with the new government. But that is not what we are seeing here in the Maldives. What we are seeing is that everyone is out on the street in support of us. I think what is happening in the Maldives is obvious. The old order is back again in a new façade and we have to have the Country back on track.

Stephen Sackur: Let me turn around your logic a little bit – if indeed it was the forceful coup you say it was, it seems very odd to me that there you sit quite happily in the TV studios in Male’ talking to me telling me what a terrible thing has befallen you. Er indeed, the current President, Waheed has said all of your rightful privileges will be respected and he wants you to work with him to ensure calm and stability in the country. That’s a very odd coup d’état. Usually somebody like you would end up in a dungeon somewhere.

Mohamed Nasheed: Yes, usually that happens. But as soon as this happened, I was able to slip out from the military headquarters. I said I would only write the letter in the President’s Office and soon after that I was able to come to my people. Where the vast majority of the people of the Maldives then finally realized what was happening. And that they came out in support of me. I am able to talk to you today because there are thousands of people outside all supporting us. I have a arrest warrant on me. The police are out there trying to get at me. I am only able to speak to you only because the vast majority of the people of this Country want me back and want to have democracy ongoing."

While Nasheed's allegation are clearly difficult to believe for the thousands of Maldivians who were watching events unfold throughout the months leading to his fall and on the 6th and 7th of February, his allegations still retain support amongst those who lost their well paid political jobs when he resigned. However, grass roots support has waned, as calls for reform within the MDP have been denied in the past 12 months. The root of the mobocracy rule led by Nasheed is a blind cult-like belief in his allegations held by his close family and cronies, fuelled by the hard cash stolen from state coffers during his rule. Still a political figure to contend with, one year since he resigned, Nasheed has lost his tarnish so much so that his political future is very much in doubt as Presidential Elections 2013 draw near.

#Maldives Celebrates Liberation from Nasheed's Dictatorship: Feb 7th

2013-02-07T10:14:00.000+05:00

#Maldives today celebrates one year after its Liberation Day, February 7th 2012. It was liberated on that day from the dictatorship of President Mohamed Nasheed who resigned amidst an Arab Spring of popular uprising against him. Nasheed's violations included overturning of the Constitution, violation of fundamental civic rights and usurping extraordinary powers over the Judiciary. Maldivians on social media and local media are today jubilant and expressing hope and dreams for a better future after one stable year of incumbent President Dr Mohamed Waheed's strong and unwavering leadership in which he has steadfastly defended national sovereignty and independence against foreign countries and foreign rich elite in support of resigned President Nasheed.

Nasheed's short presidency was marred by rampant corruption, nepotism, cronyism, sale of national assets to foreigners, graft, and wholesale violation of fundamental rights and liberties. Nasheed locked down the Supreme Court, engineered a mass resignation of his Cabinet to challenge the oversight role of the Parliament over the functioning of the Executive, ran his Executive for several months without a sworn in Cabinet, abrogated without recompense property and assets of local municipal bodies, and sold out key national assets to foreign multinationals in major graft and corrupt deals.

Nasheed further clamped down on media freedom by limiting press freedom, victimizing media station owners with threats of closure, court cases and loss of licenses. He politicized the police and military by dishing out promotions and incentives to officers who participated in his Presidential Witch hunt commission against former and current political leaders, sacked those military and police officers who would not violate their oaths in this manner, used the military against civilian protests, hunted arrested and victimized political opponents including opposition leaders and MPs.

His final downfall came after he denounced the supremacy of the Constitution, denounced the Judiciary as illegal and arbitrarily arrested the Chief Judge of the Criminal Court using military force. Judge Abdulla Mohamed was kept in solitary confinement at a military training camp for the 22 days of mass uprising that lead to Nasheed's resignation on February 7th, 2012.

Non-stop mass protests followed as civilians took to the streets to claim back their fundamental civic rights and fledgling new Constitution which upheld these rights. Nasheed retaliated with brute force using police and military might and thugs from his party, Maldivian Democratic Party (MDP). Wide use of tear gas, batons and police brutality was followed by mass arrests and hospitalizations. Key opposition leaders and MPs were arrested and hounded by the police, headed by Nasheed's appointee CP Ahmed Faseeh under the direction of the brutal Home Minister Hassan Afeef.

Key accounts of military and police in the past year document that, on that historic night February 7th 2012, Nasheed brought about his own demise by circumventing both military and police protocol in some deparate Master Plan to stay in power. Following what was reportedly a night of alcohol binging at a nearby resort, Nasheed insisted upon entering military headquarters and took over command by exerting his powers as Commander in Chief. In doing so, he circumvented both Defence Minister Tholhath Kaleyfaanu, Chief of Defence Forces Brig. Gen. Moosa Jaleel and other military commanders, to directly order Male' Area Commander Ibrahim Didi and juniors in direct operations against civilian protestors (pic).

Within the Police too, senior officers who protested against brutality against the public were arbitrarily ordered to resign by CP Faseeh who cited Nasheed's direct orders. Others were ordered to withdraw from their posts, leaving the coast clear for direct attacks on protestors by Nasheed's thugs. As Police SO protested against their illegal orders, CP Faseeh resigned leading the door wide open for Home Minister Afeef to directly transmit Nasheed's blind orders and counter orders to third tier police officers, throwing the police force too into disarray.

What resulted was a havoc created by President Nasheed himself as law and order fell apart following the example set by himself alone, amongst the citizenry and the security forces. Historic accounts from senior military and police officers involved and leading ministers of Nasheed Cabinet document that it was a combination of loss of control on Nasheed's part and resulting police disobedience in the face of unconstitutional orders were the final straws which broke Nasheed’s iron grip on the country after weeks on civic riots.

On Feb 7th, by mid-day, the capital Male' and islands were celebrating in jubilation as strongman Nasheed announced his voluntary resignation in front of mass media. Following Constitutional dictates to the letter, Vice President Dr. Mohamed Waheed Hassan Manik was sworn in immediately as the 5th President of the Maldives (pic).

President Waheed’s first official statement as President was that the Constitution of the country is supreme, and that all powers of the state would be exercised in accordance with the Constitution. He then pledged the democratic separation of powers and the protection of the rights of the people. President Waheed noted the hardships suffered by the population in the past three years, and called for national unity to restore democracy and democratic processes.

By these very short key statements, President Waheed showed his people that he had grasped the root causes of the widespread civic opposition to Nasheed. He called for national unity. President Waheed later announced a national unity government with other political parties, which would work as a government for the people.

However, all was not to be rosy. Within 24 hours of his voluntary resignation, Nasheed was rampaging on the streets (pic), claiming a military coup against him, lead by President Dr. Waheed and former President Gayoom. Nasheed's argument is that his resignation letter was written in MNDF HeadQuarters while he was surrounded by 18 gun toting servicemen who had demanded his resignation. He contends that this letter has to be dismissed as illegal, as it was written at gunpoint under threat of personal harm and harm to his family.

However, history shows that the said resignationa letter was written by his own hand at the President's Office just prior to his public announcement of his resignation. Significantly Nasheed made no mention to his Cabinet, whom he met prior to his resignation and who stood at his side during his resignation speech to the country, of any coercion or threats although Cabinet colleagues questioned him specifically on this matter.

On February 8th, Nasheed and his ex-Ministers led street riots in Male' which vandalized private and public property. These were supported by arson, vandalism and attacks on police stations in island strongholds of Nasheed's party. In the countrywide terror campaign led by ex President Nasheed, up to now, 9 police stations, 3 Court Houses and 1 Council Office has been razed to the ground by MDP activists, accounting for over MRf 150 million in losses to public property (pic).

What followed was a true testament to President Dr. Waheed's integrity and nationalistic spirit. Days, nights and months of Nasheed's rampaging on the streets, strong arm tactics from neighbouring India and Commonwealth to force early elections, pressure from Nasheed's political buddies in UK and Canada, widespread anti-Maldives publicity in international media orchestrated by Nasheed's rich magnate friend Virgin Group head Richard Branson and CANVAS group head Popovich and other Western rich elite, did not deter President Waheed from following a straight path in investigating these claims.

Defendng Maldives' sovereignty and independence against what he termed at the UNGA "small justice for small states" (pic), President Dr. Waheed formed an international independent investigation under the guidance and participation of both the United Nations and the Commonwealth, the Commission of National Inquiry (CoNI). After many delays due to Nasheed's wilful demands, changing his version of events and wild claims and obstructions, the CoNI was able to complete and report its investigation in August 2012.

The CoNI reported that Nasheed's resignation on February 7th this year was "voluntary and of his own free will". It determined that Nasheed's resignation was "not caused by any illegal coercion or intimidation.

The CoNI constituted of a 5 member panel which included a member of Nasheed's party and nominated by Nasheed himself, plus an international legal expert appointed in consultation with international partners. In addition, two Independent Advisers were sent from the Commonwealth and the United Nations to support the Commission. The function of the Advisers was to observe the conduct of the Commission and advise on the issues as may be required. The final report of the CoNI which was issued at end August was endorsed by the two international Advisors. The findings of the CoNI have been accepted and welcomed by all international partners, including India, the United States, the United Nations and the Commonwealth. This report very effectively defeated partisan stands by powerful individuals within CMAG and the UK Government, and the Canadian Foreign Secretary John Baird who tried their utmost to influence early elections in favor of their poster boy Nasheed.

Two other key findings of the CoNI were that the change of President in Maldives on February 7th 2012 was legal and constitutional; and that the events that occurred on Feruary 6th and 7th were, "in large measure, reactions to the actions of President Nasheed".

On Nasheed's claim that President Waheed's presidency is unconstitutional, the CoNI report states that, "With regard to the idea that there was a 'coup d'état', nothing in the Maldives changed in constitutional terms – indeed, the Constitution was precisely followed as prescribed. Moreover, in terms of the democratic intent and legitimacy of the authority of the Presidency, as foreseen in the Constitution, President Waheed properly succeeded President Nasheed. This coheres with the electoral prescription insofar as President Nasheed and his then-Vice President were on the same ballot and so the electorate was fully informed of the persons and exact role of the candidates for whom they voted and who ultimately took the oaths of office to serve under the Constitution. Accordingly, there appears nothing contestable in constitutional terms under the generic notion of a 'coup d'état' that is alleged to have occurred – quite to the contrary, in fact."

The CoNI report was corroborated by the independent investigation of the Human Rights Commission of the Maldives (HRCM) commissioned by the independent Prosecutor General of the Maldives, to investigate Nasheed's arbitrary military arrest of Chief Judge Abdulla Mohamed. The HRCM report on the investigation of the Judge's arrest and subsequent solitary confinement at a military training camp for 22 days determined the said actions to be blatant violation of human rights committed under Nasheed's direct orders and supervision as Commander in Chief. It reported that Nasheed had bypassed military hierarchy and was physically present at military Headquarters in directing the military operations to arrest Judge Abdullah Mohamed and put him in solitary confinement. The reasons given by Nasheed at the time for the Judge's arrest were unspecified charges of interference with judicial process.

Sadly for the Maldivian public, the Prosecutor General Ahmed Muizzu's criminal case against Nasheed for these criminal acts has not proceeded beyond first stages as Nasheed and his international legal team use all their wiles to deter a court verdict prior to March 2013, the objective being to keep a foot in the door for Nasheed to contest in the upcoming Presidential elections this year.

These delays have spilled into the PG's case on the same incident against Nasheed's then Defence Minister Tholhath Ibrahim Kaleyfaanu, Chief of Defence Forces Brig Gen (Retd.) Moosa Jaleel and the two senior military personnel who were instrumental in implementing Nasheed's illegal order. Sadly for Maldives, one year on, it is still being denied justice.

Nasheed and his party MDP's riots and hate campaign did not stay in the streets alone. Maldivians witnessed yet another dark and shocking night as senior Islamic scholar and MP Dr. Afraasheem Ali was brutally slain in his home by MDP activists and associated thugs in early October 2012. Dr. Afraasheem's (pic) murder was orchstrated just as MDP faced divisive factions internally and Nasheed's party support declined dramatically.

Investigations traced money flow to the murderers originating from senior officials, the most senior of which were MDP Interim President and MP Reeko Moosa Maniku and Nasheed's former Transport Minister Adil Saleem. The exact cash transfer was handled by Nasheed's cousin by marriage and lead activist, Mariyam Naifa (pic).

Police have charged Reeko Moosa's body guard, a hired thug by the name of Humam for MP Afraasheem's murder. Police report investigations into the financing of the murder and its conception are still ongoing, and that they have multiple evidence on the key individuals involved.

Prior to Dr. Afraasheem's brutal murder an intense hate campaign had been run against him and other members of the Judicial Service Commission (JSC) led by Nasheed crony and appointee to JSC Aishath Velzinee (pic). This was another prong in Nasheed's attempt to intimidate and shackle the Judiciary which steadfastly refused to compromise its integrity and independence. A review of this hate campaign shows its links to Dr. Afraasheem's brutal slaying and raises grave danger for other political opponents of Nasheed.

These contemtiple and atrocios acts against all decency and justice are currently being supported by a Nasheed controlled parliamentary suncommittee on government accountability which has illegally taken upon itself to "investigate" the CoNI investigation and Nasheed's coup allegations. The committee is headed by Nasheed buyout MP Ali Waheed and has a majority of MDP members in it, including its Parliamentary Group leader MP Ibrahim Mohamed Solih. This Committee has publicly supported Nasheed's claims of a coup and publicly aired selected fragments of its hearings on testimony by Nasheed stooges in the military. However, these allegations have been proven untrue by the clear repeated testimony of Nasheed's Defence Minister Tholhath Ibrahim Kaleyfaanu.

Although the Parliament's Legal Consul has given legal opinion that the Committee does not have any legal mandate for an investigation into Nasheed's allegations of a coup, Parliamentary Speaker Abdullah Shahid has refused to take action on the matter. He has also refused to take action on the illegal airing and release of audio's of Committee hearings at MDP public rallies, illegal release of reports, and even on large scale vandalism by MPs in the Parliament Assembly Hall.

These actions have fuelled speculation that Speaker Shahid and his party Dhivehi Raiyyithunge Party (DRP) are hand in hand with MDP, assisting it to drive Maldives towards an earlier election than constitutionally scheduled. Speaker Shahid last night alluded to media the possibility that the incumbent president's chair may soon be vacated, in which event he said that the Vice President would assume the Presidency. This is to possibly stave off informed talk around town that upon resumption of Parliament in March, DRP and MDP will join hands to remove President Waheed and his VP, leaving Shahid to rule for the next 60 days and oversee early elections.

The earlier the elections the better for Nasheed as he can maintain his eligibility to contest, and the same for the politically and financially embattled DRP Leader Ahmed Thasmeen Ali. DRP is currently rapidly losing ground heavily to former President Gayoom's Progressive Party of Maldives (PPM), incumbent President Dr. Mohamed Waheed's Gaumee Itthihaad Party (GIP) and the religious party, Adhaalath Party (AP). PPM has overtaken DRP in membership within a short period, making PPM the second largest party in the country.

One year on from the liberation of Maldives from the dictatorship of Mohamed Nasheed, it is evident that incumbent President Waheed is in the strongest of positions to win the upcoming elections, albeit in a second round with coalition support.

Current unfolding political events and rhetoric by his political opponents bear testament to President Waheed's ascendancy. MDP and DRP are jockeying hand in hand to hasten the elections to within 60 days from opening of Parliament on March 1st, 2013, in order to maintain their eligibility and prevent President Waheed from gaining further ground. PPM has launched all out attacks on President Waheed's presidency and leadership, with its candidates for presidential primaries levelling heated public attacks on his integrity.

Even more crucial, all major parties represented in Parliament (where President Waheed's party GIP and Adhaalath are not represented) have teamed up to pass an atrocious Act on Political Parties which severely limits the constitutional right of freedom of political association. The act limits the registration of political parties to those parties which can garner 10,000 members raising the bar more than 3 fold from the current requirement of 3,000 members, thereby eliminating from the contest smaller parties like GIP, Adhaalath and several others. Fortunately for the general public, President Dr. Waheed has stood firm against even this attack on fundamental rights coming from within the Parliament itself. He has sent back the Bill without ratification, citing that it violates the constitutional freedom of right of political association by limiting it to arbitray bounds.

As Maldives today celebrates Liberation Day, an year after the historic day in which all Maldives rose to liberate itself, its Constitution and Judiciary from the shackles of a dictator, it is still beleagured by internal and international divisive forces that seek to force it towards an early elections and seek even more to influence these elections. President Waheed has fought a long and hard battle maintianing national unity and balancing the competing demands of political opponents who seek to replace him poste haste.

While Dr. Waheed has managed to put the economy back on track despite serious obstacles internally and from neighbouring countries such as India, recaptured national assets such the local international airport from Indian Multinational GMR's death grip, the independent legal arms of the Judiciary and the Prosecutor General are struggling to bring guilty rulers to justice, a fight that Nasheed's international legal team is winning presently.

Hence, though liberated from Nasheed's dictatorship and under the steady captaincy of a true national hero President Waheed, Maldives remains a country which is still being served "small justice" locally and internationally. However, the past year is testament that President Waheed has the backbone and integrity to uphold his commitment to his people, to uphold the Constitution and laws and to defend the national faith Islam, even in the upcoming trials as rival political opponents from all round collude and try to topple him like Julius Caesar on the Ides of March.

#Maldives: A Victim of Indian Foreign Policy? Nov 3, 1988 terrorist attack and GMR in perspective.

2012-11-02T16:46:00.003+05:00

#Maldives: As November 3, 2012, the 24th anniversary of the terrorist attack on Maldives approaches, public sentiment against the Indian multinational GMR's lease of the Maldives' international airport has gained momentum. Inflammatory speeches by local politicians and local media reports associate the GMR-MACL lease agreement on a scale with the November 3rd 1988 terrorist attack. The 1988 terror attack was by a group of Maldivians headed by Sikka Ahmed Ismail Maniku (uncle of former President Nasheed) who brought 80 Tamil mercenaries to overthrow the government of the time. India's role then was that of the knight in shining armor, the Indian military and navy charging to the rescue in Operation Cactus. Nineteen people were killed in the terror attack.

Amidst the increasingly strident calls on the Maldivian Government to "throw GMR out" and to recapture the "Maldivians' airport for Maldivians", Maldivian commentators on social media question the Indian government's role in both "operations", Cactus and GMR. Commentators question whether November 3rd terror attack was solely the brainchild of its leader Sikka Ahmed Ismail and his "associate" Abdulla Luthufee, or whether it was a covert Indian government operation designed to jump start its security relations with the Maldives. Others question the national and regional security implications of Indian control of the Maldivian international airport.

The evidence cited is quite thought provoking. These include reports by Maldivians in Trivandrum during October/November 1988 that Indian military preparations in Trivandrum began weeks in advance of Operation Cactus to Maldives. Indian Joint Chiefs of the Navy and Army were reportedly present in the preparations, an unprecedented first. Others cite video footage of November 1988 in which the Indian troop commander in Male' Colonel Joshi says that they got the call to be ready two weeks prior to November 3, 1988. Additional issues include the links between the Indian Peacekeeping Forces in Sri Lanka and the PLOTE (People's Liberation of Tamile Eelam) which provided its mercenaries to Sikka Ahmed Ismail for his attack on the Maldives.

Indian troops arrived in Maldives within 12 hours of the call by President Gayoom to Indian Prime Minister Rajiv Gandhi. The Indian Cabinet approved the dispatch of forces to the Maldives at 1530 hrs on November 3rd. Within 6 hours of cabinet approval, Operation Cactus was launched. In a display of military strength and political decisiveness, 1,600 elite Indian paratroopers led by Brigadier F. F. C. Bulsara, the Army Task Force Commander, were air lifted to the Maldives.

However, as reported by the Commander of the 44th Squadron which flew the troops in, he was ordered to put three aircraft on ‘Stand By Three Hours’ notice at 0715 hrs on November 3rd. The mercenaries had landed in Maldives just three hours earlier, at 0415 hrs. The squadron, based in Agra, was ready by 1000 hours and briefings were begun. Although the location was not divulged, media reports on a coup in Maldives prompted the flight leaders and navigators to prepare for a mission to the Maldives. The flights were to be from Agra to Maldives via Trivandrum. The 50 Independent Parachute Brigade, also at Agra, had been activated and their Commander Brigadier Farook Balsara was busy getting his battalions together. The first three squadrons were ready at Agra tarmac by 1230 hours, and the full brigade were amazingly ready for deployment by 1500 hours. Orders were delivered by officers from Army and Air HQs, Brigadier VP Malik and then Group Captain Ashok Goel.

The first pair of Indian Air Force IL-76MDs taking off from Agra embarked troops from 6 Para Bn. and 17 Para Field Regiment (the regiment's heavy weapons unit). The 6 Para was commanded by Colonel Subhash Joshi. The lead aircraft carried the Indian High Commissioner to the Maldives, Mr. Bannerjee, who then was in New Delhi and Brigadier Bulsara. Bannerjie provided the flight commanders and troop commanders with detailed first hand information on the Hulhule and locations of important installations. According to both flight commanders and troop commanders of the first units to land, Bannerjee presence and information was crucial to the success of the deployment.

The first troops touched down at the airport in Hulhule after a non-stop 4 hour flight. The paratroopers made an uncontested landing and the island was secured within 30 minutes. From there, Brigadier Bulsara made a significant call to President Gayoom, saying, "Mr. President, we have arrived". The troops then crossed to the capital Male' in comandeered boats and liberated Maldivian President Gayoom who was in hiding at the time. Control of the country was restored to Gayoom within hours of the Indian arrival.

Indian Navy frigates Godavari and Betwa were used to intercept and eventually sink the hijacked freighter in which some coup leaders and their mercenaries had escaped together with a number of Maldivian hostages. The freighter was travelling towards Sri Lanka when it was intercepted and hostages rescued by the Indian Navy. A contingent of Indian troops remained in Maldives for one year after the November 3 1988 attack, to provide training for the Maldives National Security Services.

Additional reports note that both the British and the Sri Lankan military were also put into readiness to deploy to Maldives. However, they stood down when India took the decision to proceed with the rescue. On that day, the US Marine Security Det. on Diego Garcia was put on alert and were told to standby for deployment to the Maldives. A P-3 Orion and C-141 were also put on standby alert. Similarly, 150 Special Task Force commandos from Sri Lanka were brought into readiness, but the mission was aborted when India took over.

The same international airport which provided the base to land Indian troops is now the focus of potential diveregence between India and Maldives. The Indian Government has reportedly entered into negotiations with the Maldivian Government and leaders of political parties to address the increasingly vociferous opposition to the continued lease of the Ibrahim Nasir International Airport to the GMR-Malaysia Airports Holdings Berhad (MAHB) consortium which won a controversial bid to lease and develop it over a 25 year period. Indian High Commissioner Mulley is reportedly working actively to diffuse the situation, while aspiring leaders of small political parties in the Maldives such as Dhivehi Qaumee Party's Dr. Hassan Saeed have jumped on to the anti-GMR bandwagon.

Some say that the GMR investment in the Maldives' international airport is part of the age-old Indian foreign policy outlook, the Greater India policy. Others see it as part and parcel of the "Look East" Policy, initially begun by Indian Prime Minister Narasimha Rao in 1991, and subsequently actively pursued by the Vajpayee and Manmohan Singh governments. The geopolitical strategy in the Look East Policy follows a philosophy articulated by Singapore's former Prime Minister Lee Kuan Yew where India develops its strategic economic partnerships with Asian countries in order to further its engagement with the rest of the world. Under this policy, India aggressively fostered trade partnerships, Indian investments and industrial development in East and Souteast Asia and the Middle East. Indian trade with East and South Asian countries accounts for over 45% of its external trade.

The government of Prime Minister Manmohan Singh has pursued the Look East policy as not merely an external economic policy, but one in which India's strategy has been to position India as a global player on security issues. Hence, this policy also forms the cornerstone of Indian economic and security cooperation with the United States. India is also a crucial cog on the US fight with Iran on nucelar proliferation. India, one of the world's biggest importers and consumers of oil, is Iran's biggest customer for Iranian oil. US led trade sanctions require India's active participation, although there are reports that India and Iran have trade agreements that circumvent sanctions.

Build into this geopolitical concerns of both India and the US with regard to the sheltering of religious extremism in Pakistan. India and Pakistan are on two sides of the Afghanistan war, India opposing the Pakistan supported Talibans.

Religious extremism is also the flagship in which the administration of former President Mohamed Nasheed invited India to enter the Maldives in a major way in 2009. As reported by the Indian Express in August 2009 Indian Express in August 2009, the move came after the Maldives approached India in early 2009 "over fears that one of its island resorts could be taken over by terrorists given its lack of military assets and surveillance capabilities". It reported that Indian Defence Minister A. K. Antony, on a visit in August 2009, signed a defence accord with Maldives under which India would be increasing its military presence in Maldives. The agreement was reached after Antony held back to back meetings with President Nasheed and Defence Minister Ameen Faisal.

Under the defence accord, India would permanently base two helicopters in Maldives to enhance its surveillance capabilities and ability to respond swiftly to threats. It would also set up a coastal radar network for seamless coverage of approaching vessels and aircraft. This coastal radar chain in Maldives would be integrated with the Indian coastal radar system along its entire coastline. The network would be monitored by India’s Coastal Command. Additionally, the Indian Coast Guard (ICG) would carry out regular Dornier sorties over the Maldives. India's Southern Naval Command would oversee the inclusion of Maldives into the Indian security grid. Military teams from Maldives would visit the tri-services Andaman Nicobar Command (ANC) to observe how India manages security and surveillance of the Maldives.

Indian Defence Minister Antony was also the first Indian bigwig to visit Maldives after the transfer of power in February this year. On this vist in Spetember 2012, A. K. Antony inaugurated a military hospital inMale', to be operated with Indian assistance. The Indian Defence Minister, accompanied by the Defence Secretary and Indian Western Navy Commander, held talks around increasing exchanges and military co-operation between the two nations. Antony also took stock of the Indian endeavour to set up a chain of coastal radars in the Maldives according to the agreement signed during his last visit in 2009. His visit to Maldives was immediately after inaugurating a similar chain of coastal radars in Kerala on September 15.

With the defence accord of 2009 came a US $ 100 million dollar economic bailout of the Nasheed Government by the Indian Government, together with 18 trade and commerce agreements that spanned several social and economic fields. Some of these failed, such as the proposed takeover of the country's biggest hospital by India's Apollo Hospitals. Others stayed, such as the high end housing investments by Tata Housing (a member of the Tata Group). Still others, arrived later and reneged on their agreements, such as the GMR consortium. Tata is also facing problems (related to land disputes) in its Male' housing project.

The Male' International Airport issue is taken up by its proponents as one of an illegal sale of a valuable state asset. Several laws and provisions of the Constitution were violated in the lease of the airport to GMR. In addition, the list of concessions and variations to the agreement now mean that, instead of receiving payment for the lease, the Maldivian government, through its SOE MACL, is now paying GMR to run the airport. Additional problems have been created due to GMR not undertaking the promised investments, plus its raising of airport charges and fuelling costs, leading to reduction in flights to Maldives by leading international airlines. The resulting crunch on the Maldivian tourism has brought a strong tourism lobby into the political fray surrounding the controversial GMR agreement.

On the pro-GMR side, leaders of the biggest political party other than President Nasheed's Maldivian Democratic Party (MDP) supporting GMR's continued stay in Maldives, the Dhivehi Raiyyithunge Party (DRP) are accused of taking US $ 1 million dollars in bribes to support the GMR Agreement. Politicians named in the deal are DRP Leader Ahmed Thasmeen Ali and Speaker of Parliament Abdulla Shahid. The current Trade Minister Ahmed Mohamed, under whom foreign investments come, is also the Deputy Leader of DRP.

India is facing opposition to its involvement in the domestic affairs of smaller neighbours not just in Maldives, but also in Sri Lanka, Nepal and Bangladesh. Indian backed governments in both Nepal and Bangladesh are facing opposition from segments of the citizenry on a variety of issues. Just weeks prior to the toppling of the Indian backed government of Nasheed in Maldives, Bangladesh witnessed a failed coup attempt which was reported by international media as by "extremist elements" and fanatics" trying to destroy a "democratic" government. The blame was placed on non-resident Bangladeshi's acting in collusion with retired and serving Army Officers.

Just replacing the word 'Bangladesh' with the word 'Maldives' in these international media reports on Bangladesh would give the same message as those by the actual international reports on February 7th and later. The Nasheed Government too collapsed while it was trying to portray its failures in governance, human rights and democracy as due to rise of Islamic extremism. Nasheed resigned amidst Indian Government efforts to broker a peace period in which Nasheed could regain his political footing. One similarity between the Nasheed Government and that of Prime Minister Haseena is their support for secular rule in the two countries. The other is the strong support given by India to shore up both governments. Another are the wide ranging political and security cooperation arrangements brokered with India.

The case of Nepal shows a link between political strife and GMR investments. In May 2011, a mob of people torched the camp office of the Upper Karnali power project in Nepal, being executed by GMR. This was the second time in two months that the project was being attacked. The attacks were protrayed as an attack by "Maoist elements" working against "pro-democratic forces". The attack came a time that key amendments were being made to the Nepalese Constitution.

Although the present Maldivian Government has repeatedly stated that it is looking at all options on the GMR Agreement, the lack of progress or change in the stalemate is taken by political opponents as a sign that GMR and / or the Indian Government has coerced the ruling party of President Waheed to not interfere with the project. During the short 9 months in office, President Waheed has been bailed out of financial crisis situationsby the Indian Government at least three times, the last being just a couple of weeks ago.

Political opponents have planned another rally for the afternoon of November 3rd, an event which will be watched and analysed with much interest by Maldivian and foreign political analysts alike.

#Maldives: More cases of corruption in #MDP Govt: Mrf 12 million funneled to MP Reeko Moosa on one project

2012-10-22T00:00:00.001+05:00

#Maldives: The scale and range of corruption rampant in the administration of former President Mohamed Nasheed is only now being brought to light as the Auditor General reports on Nasheed's various Ministries and Government projects. In his report to the Parliament last November on a Harbor Project for Haa Dhaalu Kumundhoo, the Auditor General reported that the Nasheed Government had paid the contractor, Heavy Load Maldives, nearly 12 million Mrf in excess of the contracted amount of Mrf 10.3 million. Heavy Load Maldives is owned by MDP's Interim Chairman Reeko Moosa Maniku, MDP MP for Hulhu-Henveyru.

The Auditor General reported that, by giving various unsubstantiated reasons, Heavy Load had stopped work on the project from 12 June 2008 to 7 Februay 2009. However, within months of coming to power, the Nasheed Government had paid Heavy Load over Mrf 4.7 million for this period, calling it "idle time", although the delays were on the contractor's side. In this way, 46% of the original project cost was paid to Heavy Load without the company doing any work. Based on the correspondence between the Construction Ministry and Heavy Load, the Auditor General concluded that there was no valid justifiable basis for the Construction Ministry to determine that the company's non-working time was "idle time". The Auditor General also noted that the Construction Ministry, headed by another Nasheed faithful, Minister Mohamed Aslam, had also calculated the Mrf. 4.7 million payment amount using wrong rates.

Further payments were also wrongfully made to Heavy Load by making a nominal expansion of the project scope. The Audit Report notes that the President's Office itself had issued a directive in 15 July 2009, expanding the scope of the project and increasing the contract value and changing the terms of the contract, even though the company had not done any work on the project since June 2008. Based on this directive from the President, the Government had paid MDP Interim Chair MP Reeko Moosa and additional 8 million Mrf, all without any actual work done.

With this change in the Heavy Load contract brought by the President's Office, a contract which should have been completed in September 2008 was extended up to 26 January 2010. However, even by that date, Heavy Load had completed only 45% of the contract, yet been paid far in excess of this work. At this juncture, Construction Minister Aslam, without claiming liquidated damages for late completion as in the contract, further extended the contract for another 5 months.

The Construction Ministry had also paid an additional Mrf 5.2 million of state funds to procure materials for the project, which it had agreed in the "Amendment to the Contract" ordered by President Nasheed in July 2009.

Additionally, upon another directive by President Nasheed, the Maldivian Government had illegally provided Heavy Load with access to its US 50 million dollar loan facilty with the Indian Exim Bank executed through the State Bank of India. Some part of the material imported for the project was obtained through this facility, although the Government had paid Heavy Load Mrf 5 million as advance payment for the same material.

The final completed project (completed in 2 years and 7 months) resulted in more than double the contract value being paid for a substandard harbor. An engineering report by the Construction Ministry notes that the harbor is substandard, with the access channel being dangerous to vessels (pic), and the quay wall being much lower than design specifications resulting in an unsafe harbor due to waves breaking over the quay wall (pic).

MP Reeko Moosa has been implicated in far bigger scams than this, during the Nasheed Government. The biggest being the award of a massive contract to Heavy Load by Thilafushi Corporation, without a valid tender process. The MRf 323 million ($US21 million) project was awarded to Heavy Load Maldives in September 2010, with the work to begin in February 2011. The scheme was to involve the reclamation of 157 hectares of land over six months.

The ACC issued a stay order to stop the illegal contract, but was over ruled in court on appeal by the Thilafushi Corporation. However, it has since then found various illegal actions taken in handing the contract to Heavy Load. In May 2012, media reported that the PG’s office had filed cases against three former TCL board members in relation to the award of the reclamation project to Heavy Load.

Earlier media reported last month that the guarantee cheque from Heavy Load, worth 5 percent of the deal’s value, MRf 16.1 million (US$1 million), had expired. A spokesman from the Finance Ministry said that a new cheque was required but had not at that time been received, although the company had assured it would be done. On September 11, 2012, media reported that the case of the bounced cheque of MVR16.1 million issued by Heavy Load as guarantee to Thilafushi Corporation had been submitted to Police. A Police Media Official confirmed to media that this case was currently under investigation. TCL told media that Heavy Load had not tried to pay this money, despite the cheque having bounced over a month ago.

In another fraud case, in November 2011, the Civil Court ordered MP Reeko Moosa, MDP Interim Chairperson, to pay 2.9 million MRf to the Asian Branch of the American Company Caterpillar Financial Services. Caterpillar filed lawsuit against Reeko Moosa on 19th February 2007, when Heavyload Maldives had defaulted in repayment of a loan amounting to 700,000 US Dollars, that the company had issued to Heavyload. The guarantor to the loan was Reeko Moosa, and the lawsuit was filed to obtain the unpaid amount, amounting to 2,921,257 Maldivian Rufiyaa. The decision of the court made it incumbent upon Moosa to pay up the whole amount over a period of three months starting from today.

Additional cases of corruption and embezzlement of state funds have been reported by the Auditor General and are being investigated by the Parliament's Finance Committee. Parliament's Finance Committee told media last week that the Auditor General had reported over 55 million MRF state funds had been given by former President Mohamed Nasheed's government to various parties without receiving any services or goods in return for the payment. The three cases totalling over 55 million MRF involved high ranking officials of Nasheed's party, Maldivian Democratic Party (MDP).

One case involved Mrf 12.7 million paid by the Health Ministry to a company called F-Tech Solutions to supply medical supplies. F-Tech Solutions was owned by high ranking MDP officials, one of its Director's and Human Resources Officer being a Ms. Fathimath Shiuna (aka "Prepaid Shiuna), a leading MDP activist working closely with Nasheed. "Prepaid" Shiuna is reported to be Nasheed's personal secretary.

An even closer example is the multimillion dollar contract given to his family company Renewable Energy Maldives to provide 6 islands with solar power, (see RN January 2012 report Renewable Energy Maldives: President Nasheed's gift for elder brother Naashid). The family company's CEO is Nasheed's elder brother Naashid, who until Renewable Energy was set up to take the STELCO contracts worked with Nasheed in their other family business Dhivehi Meysthiri. In addition to the STELCO project, Renewable Energy Maldives has landed other projects to supply solar panels and other renewable energy products to government agencies and companies.

The litany of corruption carried out by MDP leaders being reported by the Audit Office and the Anti-Corruption Commission continues. Most Audit and ACC reports recommend legal action against the individuals involved in defrauding and embezzling from the State. However, few cases have been brought before the courts.

#Maldives: Over 55 million MRF state funds defrauded by Nasheed Govt: Mrf 11.8m to MDP Activist Shiuna

2012-10-20T14:17:00.002+05:00

#Maldives: Parliament's Finance Committee told media last week that the Auditor General had reported over 55 million MRF state funds had been given by former President Mohamed Nasheed's government to various parties without receiving any services or goods in return for the payment. The three cases totalling over 55 million MRF involved high ranking officials of Nasheed's party, Maldivian Democratic Party (MDP).

One case involved Mrf 12.7 million paid by the Health Ministry to a company called F-Tech Solutions to supply medical supplies. F-Tech Solutions was owned by high ranking MDP officials, one of its Director's and Human Resources Officer being a Ms. Fathimath Shiuna (aka "Prepaid Shiuna), a leading MDP activist working closely with Nasheed. "Prepaid" Shiuna is reported to be Nasheed's personal secretary. Another F-Tech director, Riluwan Shareef, is also a leading member of the MDP.

'Prepaid' Shiuna also fronted a successful bid for a tourist resort under an initiative by the Nasheed Government called Corporate Social Responsibility Scheme (CSR). Another MDP leader rewarded through this scheme was Dhonbileiy Ahmed Haleem, former husband of Nasheed's cousin Hudha Ahmed (daughter of November 3 terrorist Sikka Ahmed Ismail Maniku).

An even closer example is the multimillion dollar contract given to his family company Renewable Energy Maldives to provide 6 islands with solar power, (see RN January 2012 report Renewable Energy Maldives: President Nasheed's gift for elder brother Naashid). The family company's CEO is Nasheed's elder brother Naashid, who until Renewable Energy was set up to take the STELCO contracts worked with Nasheed in their other family business Dhivehi Meysthiri. In addition to the STELCO project, Renewable Energy Maldives has landed other projects to supply solar panels and other renewable energy products to government agencies and companies. In Decemebr 2011, Nasheed's closest partner on his cabinet, his Housing Minister Mohamed Aslam announced that Naashid's renewable energy project would be implemented in 29 inhabited islands in the country.

In 11.7 million Mrf handout by the Nasheed Government to Shiuna's F-Tech, the Health Ministry had paid F-Tech the full value of the tender (Mrf 12.7 million) in 2010 without receiving any goods or services. F-Tech had later supplied goods totalling only 0.9 million Mrf, the goods for the balance 11.8 million Mrf still remaining unsupplied. F- Tech Solutions Pvt. Ltd doctored invoices and delivery notes and forged signatures to collect payment on goods that were never delivered. The Auditor General noted that no effort had been made by the Health Ministry to obtain the rest of the supplies or the excess payment up to the issuance of his report (March 2012). Nasheed's Health Minister was Mrs. Aminath Jameel, wife of Sikka Mohamed Ismail (younger brother of Sikka Ahmed Ismail, a convicted terrorist who masterminded the November 3rd 1988 massacre in Maldives). Sikka Ahmed Ismail is married to Zameera, younger sister of Nasheed's father Kerafa Abdul Sattar.

The Auditor General's Report revealed that the tender had been awarded to F-Tech after cancelling one tender in which F-Tech had not bid and then cancelling all competing bids in the tender in which F-Tech did bid. The cancelled bids included those by established local suppliers of medical supplies, State Trading Organization (STO), ADK and MedEquip Maldives, and an Indian supplier KeiMed. Local bids were illegally cancelled citing similarity of bid price, while KeiMed was cancelled citing that it had not provided the cost for 4 types of medicines in the tender list. However, F-Tech had also not provided the cost nor the brand for several items on the tender list, the Auditor General revealed, yet its bid had not been cancelled.

F-Tech had been awarded the contract in September 2010, against the advice of the Anti-Corruption Commission (ACC). The ACC had raised concerns over F-Tech's lack of necessary permits and experience, one of the conditions of the tender.

The Audit report also noted that full payment had been made to F-Tech against all Government financial regulations.It reported that, in one invoice F-Tech had charged and been paid in full an amount of Mrf 2.3 million. It had later supplied only MRf 0.55 million worth supplies against this invoice. The balance had never been supplied nor paid back.

The two other cases reported by the Parliament's Finance Committee last Thursday involved Nasheed's State Minister for Defence Abdulla Shahid, another convicted terrorist involved in the November 3, 1988 massacre.

The second high profile MDP leader involved in these cases was Ahmed Assad, the younger brother of Nasheed's nominee for MDP President, his Housing Minister Mohamed Aslam. Assad was Nasheed's first nominee for the Finance Minister's portfolio but was rejected by Parliament, upon which Nasheed installed him as State Minister for Finance and Treasury. Later, Nasheed installed Assad as Financial Controller, thus paving the way for the fraud payments to be made to MDP leaders and activists. Assad's phenomenal rise to the Finance Ministry top posts came from a stint as the Budget Officer in the Education Ministry during the previous Government.

One scam involved embezzlement of state funds amounting to MRF 24 million, paid from the Ministry of Finance and Treasury for falsified invoices for services claimed to have been rendered to the National Centre for Disaster Management (NDMC). The Audit Office investigation found that these services were never rendered, and that the invoice numbers given were numbers of invoices by other companies and not the company which had been paid.

The second scam also involved the NDMC, where it had made payments of over Mrf 18 million to a company for a falsified invoice which the courts had ruled did not need to paid. The company involved was Moreway Constructions, whose owners were MDP financiers.

Assad was also involved in F-Tech scam where he authorized the full-payment to F-Tech. The Audit report states that Assad as the State Minister of Finance opened a Local Letter of Credit facility (LC) at the State Bank of India (SBI) for the full contract amount with F-Tech Solutions as the beneficiary. The Auditor General said this act contravened the Maldives Finance Act which states only 15 percent of total contract value can be paid out in advance. In a second step, Assad then authorized Finance Ministry staff to sign delivery notes for the goods, even though these should be signed by Health Ministry officials since the contract was between F-Tech and Health Ministry.These goods for which Assad made the payments were never delivered, said the report.

The SBI had, at the time, brought to the Finance Ministry's notice that there were discrepancies between F-Tech invoices and delivery notes. Nine of the 21 invoices were issued a month before the date printed on delivery notes, the report said. These were ignored by the Finance Ministry, with a Deputy Director General at the Finance Ministry, Ali Arif, another MDP member, collaborating with Assad to sign releases for the payments.

Even more damning evidence presented by the Audit Report include documents where the Health Ministry had then gone on to use fresh funds to procure by itself the goods for which F-Tech had been paid. Neither the Finance Ministry nor the Health Ministry had collected the excess payment from F-Tech.

The Audit Office is reportedly investigating several cases of illegal payments to MDP Interim Chair Reeko Moosa Maniku for services that were never rendered. It is also reportedly investigating corruption involved in the case of Mega Maldives established under the name of Nasheed's closest aide MP Mariya Didi's son and her nephew Ahmed Mifzal.

In the MP Reeko Moosa Maniku case, his company Heavy Load Maldives, was awarded a dredging contract by Thilafushi Corporation in a directly negotiated contract. Of the three parties that had given expressions of interest and contract prices, the Maldives Transport and Contracting Company (MTCC) submitted the lowest price. However, MDP leader Reeko Moosa Maniku was awarded the contract, citing that his estimated completion time was faster that MTCC's. Moosa Maniku was reportedly paid more than the legal advance payment. The contract remains uncompleted. The matter is still being investigated by the ACC.

In the case of Mega Maldives, a foreign investment proposal to invest in a charter flight business from China to Maldives made by an independent investor. At the the time, Nasheed's Foreign Investment Advisor was Mifzal Ahmed, MP Mariya Didi's nephew. Mifzal's father Ahmed Latheef was also the Ambassador to China. Mifzal and his father used their position and influence to sign up a joint venture partnership privately with the investor, to create Mega Maldives. The required permits were hastily given by the Nasheed Government. Mifzal's uncle is Hassan Latheef, Nasheed's former Youth Minister and now his lawyer. Mariya Didi's son is also a senior executive in Mega Maldives, reportedly the third shareholder. Today, Mifzal lives in luxury in the UK as does his mother and aunt, Nasheed's High Commissioner to the UK, Farahanaaz Faisal. The Mega Maldives case is also under investigation in the ACC.

An further dimension is added to the large scale corruption by Nasheed and his party leaders by the Canarygate Scandal where Nasheed's Israeli connection was revealed to be Ismail Saadiq, of the FPID and 7/11 corruption scandals in the 1990s. Nasheed had used the state owned enterprise STO to award Ismail Saadiq and Nasheed's ex-Chief of Staff, Ahmed Mausoom an oil deal to supply STO Maldives with Israeli oil. The two were engaged in setting up the deal when Nasheed resigned on February 7th. Mausoom first controlled all financial affairs in the Nasheed regime as Finance Secretary at the President's Office, ascending to the post of Chief of Staff in 2011, a Cabinet level rank in the Nasheed administration. The Chief of Staff's job was to manage all funds, some of which were leveraged by Saadiq through various deals with foreign companies and governments.

The litany of corruption carried out by MDP leaders being reported by the Audit Office and the Anti-Corruption Commission continues. Most Audit and ACC reports recommend legal action against the individuals involved in defrauding and embezzling from the State. However, few cases have been brought before the courts.

#Maldives: 24 years after Nov 3 massacre: Are the terrorists back masquerading as a political party? Part 1

2012-10-20T10:40:00.000+05:00

#Maldives: November 3rd, 2012 marks the 24th anniversary of the bloody massacre that left the blackest of stains on Maldivian hearts and history. Nineteen innocent Maldivians were slaughtered and several injured. Hundreds were held at gunpoint for hours, many later taken away as hostages. Immense damage was given to public and private property. Maldives was rescued by troops sent by Indian Premier Rajiv Gandhi. The leader of the failed coup was a man called Sikka Ahmed Ismail Maniku, a man who had previous convictions for coup attempts against previous governments. The coup leader's nephew, Mohamed Nasheed, was installed as President in 2008, at the head of a political party whose top leadership comprised of family members and others involved in the 1988 November 3 massacre.

Nasheed's cabinet, senior political advisors and state ministers included terrorists convicted for their involvement in the November 3 massacre. As Nasheed denounces the current government of Dr. Mohamed Waheed Hassan as having usurped power in a military coup, it is timely to look at a real coup, the November 3 armed attack on Maldives, and its intricate links to Nasheed and the Maldivian Democratic Party. This article is the first in a series of articles which attempts to throw light onto these links.

Perhaps the most accurate classification of the November 3 coup was that of Nasheed's Chief of Staff Major General Moosa Ali Jaleel. Moosa Jaleel, then a Lieutenant in the armed forces, had led an armed troop of 10 servicemen out of the military headquarters within which the military were pinned down by the mercenaries in their surprise attack.

In an interview to the daily paper Haveeru on 4 November 2010, Major General Jaleel said, "It wasn't a coup to overthrow the government of the time. November 3 was a massacre of the Maldivian people. I say this, because, if it was an attempt to overthrow the Government, then why did they fire at unarmed civilains? Why did they shoot unarmed civilians with guns held at their head, innocents who had no military or government involvement?".

He pointed out that the armed Maldivians and their mercenaries used their military weaponry to fire at innocent unarmed civilians, civilians who were going about their daily lives. "The attackers were acting in a war syndrome", Major General Jaleel said, "Their mentality was to kill any moving thing that could move from one place to another".

Although the PLOTE (Sri Lankan People’s Liberation Organisation of Tamil Eelam) mercenaries were led in the field by only two Maldivians, investigations later revealed their masters and others who had participated in the coup. The attack leader was an escaped convict called Abdulla Luthufee, of H. Haajaraage. His paymaster and coup leader was Sikka Ahmed Ismail (Bodu Sikka), Nasheed's uncle. As was the case with Sikka Ahmed, Luthufee too had been convicted on a previous attempt to smuggle in guns to kill the then President Ibrahim Nasir. Luthufee was the man assigned the task of shooting President Nasir.

In the November 3rd court case against him, Abdulla Luthufee testified how he was paid and kept in Colombo by Sikka Ahmed Ismail Maniku. It was revealed that all Luthufee's expenses from a young age had been met by his "benefactor" Sikka Ahmed Ismail. From a very young age, Luthufee was engaged in a homosexual relationship with Sikka Ahmed Ismail. Sikka Ahmed was well known in local circles and in Colombo as a homosexual who kept various young boys as bed partners at various locations in Male' and Colombo.

Former President Nasheed was another young man whose expenses were looked after by Sikka Ahmed Ismail, on the largesse Sikka Ahmed received from tourism resorts and permits given by his two assassination targets, Presidents Ibrahim Nasir and Maumoon Abdul Gayoom. Nasheed's British education, his years in Sri Lanka and later his "opposition" activities in Male' were funded by Sikka Ahmed whose objective was to project a close family member into Maldivian politics. His choice, a militant nephew, with a family history of coup attempts, Mohamed Nasheed.

Nasheed's father Kerafaa Abdul Sattar was also a member of the Nasir assassination plot. Kerafa Abdul Sattar was tried for attempting to assassinate the President and sentenced to imprisonment during Nasir's Presidency. Kerafa Abdul Sattar's father Kerafa Dhon Maniku (Umar) (Nasheed's grandfather) was also a convicted coup leader, who attempted to assassinate then President Mohamed Amin Didi.November 3rd coup leader Sikka Ahmed Ismail is married to Kerafa Dhon Maniku's daughter Kerafa Zameera (Nasheed's father's sister).

Sikka Ahmed Ismail solicited the business backing for Nasheed, through Ali Abdulla (Aliya), Gasim Ibrahim (Villa),Go-Go Latheef and others, some based in Colombo and India (more on these links in the next article).

Eleven of the group of Maldivians who brought about the hundred or so Tamil terrorists to seize the Maldives were captured, tried and sentenced. Some local leaders of the coup group escaped justice and still roam at large. Sikka Ahmed Ismail was arrested, and sentenced to death by the High Court. However, using powers vested in the President under the Constitution, President Gayoom granted him a stay of execution and his sentence was commuted to a life term. Gayoom pardoned him in 1994 in humanitarian grounds, due to cardiovascular conditions said to be as a result of his heavy drinking. Sikka Ahmed Ismail was reported to be living in self-imposed exile near Ja-ela, Sri Lanka, until his nephew Nasheed became President.

Luthufee was also sentenced to death for his role in the massacre of 19 innocent Maldives, but Gayoom commuted the sentence to life imprisonment. Keeping up a barrage of requests for medical treatment Luthufee managed to travel to Sri Lanka and India under Government funds, before finally escaping his captors in Sri Lanka. No attempt was made by the Nasheed Government to bring him back to serve his sentence, and Luthufee was allowed to roam freely, even giving media interviews to Sri Lankan Papers (The Island, November 3, 2011) with Nasheed's version of the November 3rd coup.

The most direct five links of the Nasheed presidency to Sikka Ahmed Ismail and his lifelong work to gain the presidency are five individuals who were all directly involved in the November 3 coup: Ibrahim Hussain Zaki (Nasheed's Special Envoy), Foreign Minister Kerafa Ahmed Naseem (Nasheed's second cousin), his Defence Minister Ameen Faisal (convicted terrorist for his involvement in November 3 coup), Minister of State for Defence Abdulla Shahid (convicted terrorist for his involvement in November 3 coup) and Faruhath Shaheer (Vice Chief of Staff, Defence Ministry). An indirect but equally powerful link is via Aminath Jameel (Nasheed's Minister of Health under whom large scale corruption occurred in the Ministry). Mrs Jameel was the wife of Sikka Ahmed's younger brother, Sikka Mohamed Ismail Maniku (Kuda Sikka).

Zaki, Sikka's close personal friend and drinking buddy, forged the link between PLOTE leader Uma Maheshwaram and Sikka's coup team. Zaki, who was associated with Uma Maheshwaram, arranged for a meeting between Sikka's assistant Abdulla Luthufee and Maheshwaram in Colombo in 1986. At the meeting, Luthufee put forward Sikka's plan for toppling the Maldivian Government and offered Maheshwaram a tourist resort, training grounds for PLOTE cadres and Maldives as a route to supply PLOTE with military arms. Upon Maheswaram's agreement to provide mercenaries for Sikka's armed attack, Sikka provided Maheshwaram with free lodging at his house in Colombo for the one and a half year period leading up to the November 3 attack. Luthufee also lived at the same house. Maheshwaram was introduced to Maldivian visitors as Mohamed, a Malaysian business partner of Luthufee's.

Zaki's involvement in the November 3 coup was reported by Sikka Ahmed, Luthufee and Karo Abbas (a retired serviceman who provided military details to Luthufee and Maheshwaram). However, Zaki's name was struck from the records upon direct instructions from the Commander in Chief Maumoon Abdul Gayoom, for reasons unstated in military records. Zaki, hailing from a prominent family with a past history of attempts to usurp the country's top posts, was at the time the Foreign Secretary. Military records however reportedly include a photo of Zaki standing with Uma Maheswaram at a PLOTE military camp during preparations for the attack on Maldives.

Zaki's next involvement with Sikka's political machinations came with the move to register the Maldivian Democratic Party. At that time, the lead was taken by the business group above mentioned. Zaki, then Minister of Planning, and Attorney General Dr. Mohamed Munawwar, had secretly met with the MDP group and agreed to provide support to the petition in cabinet and in Parliament. As the nascent MDP print media reported at the time, Zaki had in fact vowed to resign from his cabinet post if the party was not registered and had then reneged on his agreement. Zaki later went on to be installed by Nasheed as the interim President of the MDP, a post he held for over two years without election.

Since Nasheed swore in as President on 11 November 2008, November 3rd has not been marked by the Maldivian Government. On the contrary, it made concerted efforts to wipe-out the massacre from Maldivian minds by providing various spin. Zaki, Ameen Faisal and Faruhath Shaheer, three men deeply involved in the coup, together with Mohamed Aslam (Nasheed's Housing Minister) led the attempted whitewash. Zaki attempted to justify the coup, with various media interviews, while Ameen and Shaheer attempted to provide false information on the events.

His cousin Kerafa Naseem (son of Nasheed's grandfather's brother Kerafa Mohamed Kaleyfaanu) was also involved in an attempted military coup in 1980. He hired nine British Special Air Services (SAS) Commandos to kill then President Gayoom. The team arrived in Maldives, smuggling in their light arms under the guise of diving equipments. However, they did not attempt to discharge their mercenary contract upon finding out that the Maldivian Government had been tipped off about the planned assassination. In the inquiry, they reported the individuals involved leading to the arrest of Naseem and his partners in the coup attempt. Naseem was convicted and exiled.

Naseem too was pardoned by Gayoom and served in senior posts in the Gayoom administration, including that of Director of Foreign Investments at which post he is alleged to have engaged in large scale corruption and graft. Kerafa Ahmed Naseem's family background too is well documented fraud, corruption and attempted political assassinations, with most damning being where his father Kerafa Mohamed Kaleyfaanu robbed his brother Nakhudha Hassan Kaleyfaanu's wealth upon his death.

In October 2011, State Bank of India filed several cases agains Naseem and his family, for non payment of a large number of loans, totalling over Mrf 27 million. The case was filed against Naseem and other heirs of his mother Mariyam Ismail: Naseema Mohamed, Saleema Mohamed, Waseema Mohamed, Asima Mohamed, and Umaima Mohamed. The case was also filed against other guarantors: Ali Saleem of Henveiru Hikifinifenmage; Abdul Aziz of Maafannu Athassaagiri; and Mohamed Shiyam of Henveiru Maabadeyri Aage.

Perhaps one of the most accurate pictures of Nasheed's particular brand of "political activism" is best seen in the events of February 8th as Nasheed led rampaging mobs in an attempt to wrest the Presidency back, within 48 hours of his resignation from office.

The next article will look at the links between Nasheed's Defence Minister Ameen Faisal and other other coup leaders and Nasheed.

#Maldives: Impeachment motion against President Waheed legitimate: Counsel General to Parliament

2012-10-18T17:51:00.001+05:00

#Maldives: The Parliament's Counsel General Fathimath Filza told media today that the impeachment motion against President Mohamed Waheed by opposition Maldivian Democratic Party (MDP) is legitimate and can be put on the agenda accordingly. According to the Counsel General, the motion meets the criteria set out in Section 100 (b) of the Constitution. Section 100 (b) stipulates that the impeachment resolution as provided for in subsection (a) of the same Section, must be submitted to the Parliament (People’s Majlis), under the hand of at least one third of the members (amounting to 26 members presently), specifying the reasons. The motion was submitted to the Parliament on October 10th, signed by 28 MPs of the MDP, thereby meeting the criteria of number of MPs required to table the resolution.

An impeachment motion requires a 2/3 majority of the Parliament to vote in favor of the motion. With the current composition of the Parliament, presuming that a member would be elected to the vacan seat for Ungoofaaru Constituency prior to the presidential impeachment vote, this means that a total of 52 votes are needed to carry the motion.

The next step, according to Ms. Filza, would be for the Parliament to table the motion in its Agenda. The President would be entitled to 14 days notice of the tabled motion, she told media. The decision would be up to the Parliament at that session, she said, to determine if it accepts the motion or not. A motion has to be accepted according to parliamentary regulations before it can go to committee for deliberation.

Section 100 (a) stipulates that the Parliament can only impeach the President (or Vice President) only on three grounds, that is: direct violation of a tenet of Islam, the Constitution or law; serious misconduct unsuited to the office of the President or Vice President; or inability to perform the responsibilities of office of President or Vice President (Section 100 (a)).

Hence, for the impeachment process to proceed under Section 100, the Parliament must accept that at least one of the three possible reasons stated in Section 100 (a) has been met. Such a resolution can only be, after due process, passed by a 2/3rds majority of the total membership of Parliament (Section 100 (e)). Presently, this means 52 votes in favor of the resolution.

An impeachment process must also follow the principles and procedures specified in the Regulations governing the functioning of the Parliament (Section 100 (f)). Due process for impeachment is detailed in Section 37 of the Parliamentary Regulations 2010. According to the Regulations, the Parliament must appoint a committee of 11 to deliberate each and every charge against the President before making a recommendation on the charge, based on which a vote would be taken. This process, that each charge must be investigated and deliberated by the Parliament, could be one reason for tabling an impeachment motion, which is unlikely to pass given the distribution of party seats in the Parliament today.

The charges specified in the motion submitted by the MDP fall under the last two categories in Section 100 (a) of the Constitution, serious misconduct and inability to perform the responsibilities of office. These charges include, allegation that direct orders were given by President Waheed to police to harm MDP supporters on February 8th and an allegation that President Waheed encroached on the members' privilege in remarks made to Maldivians at a meeting in Colombo in August 2012.

The motion further alleges that President Waheed is responsible for the breaking up of the Maldivian economy to the extent that foreign investors are hesitant to invest in the Maldives. The motion also charges that President Waheed has taken the country into so much debt that it cannot afford to pay the salaries of civil servants. Additionally, it holds President Waheed directly responsible for the recent 300 million MRf loan taken from the Bank of Maldives by the Maldivian Government, said to be in violation of financial laws.

President Waheed is confident that the motion will fail, the President's Spokesperson Abbas Adil Riza told media yesterday. He deemed the motion baseless and condemned the MDP for what he termed as wasting the valuable time of the Parliament with frivolous motions.

While the MDP has easily put together 2 more than the required 26 signatures for tabling the impeachment motion, political analysist question whether it can solicit the balance 24 votes required to make up the 52 votes for passing the resolution. Based on the past performance of MDP actions within Parliament, it is also probable that MDP can even obtain a majority vote in the 11 member special committee which is mandatory for reviewing the motion and investigating the charges therein. This majority vote in the special committee would be required for the charges to then reach the Parliament floor for voting.

The Committee report is required to address each and every charge separately, with the evidence for or against the charge, and with a Committee recommendation to the Parliament on whether the charge is valid or not. However, even if the opposition were able to bring the motion to the Parliament floor to a vote, it may be nearly impossible for MDP to collect the required 2/3 majority (52 votes) for such a motion to be passed.

At present, although MDP individually holds the majority of seats, the ruling coalition holds the absolute majority seats, excluding 8 independents. The minority party at present is the Progressive Party of Maldives (PPM), while Dhivehi Raiyyithunge Party (DRP) being the third largest party. Junhooree Party holds two seats, with a single seat each held by the People's Alliance (PA) and Dhivehi Qaumee Party (DQP).

The Ungoofaaru constituency seat is being decided at a by-election on December 1st, at which both MDP and PPM are contesting. It was vacated earlier this month by the brutal murder of MP Afraasheem Ali, a murder to which 5 activists from MDP have been linked. Dr. Afraasheem, a moderate Muslim scholar and a much respected religious teacher, was a PPM member.

The MDP Parliamentary Group declared yesterday that it had high hopes that it could garner enought votes to pass the impeachment resolution. The party most suspected by the general public to defect on the vote, Dhivehi Raiyyithunge Party, has declared openly that, as a member of the coalition, it would take the coalition commitments into consideration. DRP Party Leader Thasmeen Ali told media that the DRP Council and Parliamentary Group had yet to decide on a stand on the impeachment motion against the President.

Individually, PPM MPs have declared to media that PPM support the incumbent President. However, no official statement has been made by the party yet.

Members' voting on the impeachment motion may be guided by Section 75 of the Constitution which enjoins Members of Parliament to uphold national interest and public welfare, and not private benefit or the benefit of those with whom they have “special relations” (eg. party interest or business interest).

“Members of the People’s Majlis should be guided in their actions by considerations of national interest and public welfare foremost, and should not exploit their official positions in any way for their own benefit or for the benefit of those with whom they have special relations. They shall represent not only their constituencies but the country as a whole” Section 75.

MDP has also tabled a no-confidence motion against Home Minister Mohamed Ahmed Jameel, with the vote in Parliament to be taken on November 13. Some of the charges against Minister Jameel are the same as that against President Waheed. Hence, the November 13 vote may be a crucial indicator of the state of play for the President's impeachment motion.

Dr. Waheed, it is said, has some of the strongest democratic credentials from amongst the political leaders in the Maldives at present (see No Easy Road to Reform: A Look at Mohamed Waheed's Long Journey to Presidency: Raajje News 26 February 2012). However, this has been overshadowed by the foreign press and European rich magnates support for former President Nasheed. Heavily biased and factually wrong reporting by world media has also stacked the international cards against Maldives. President Waheed's steadfast commitment to national sovereignty and rule of law in the face of unfair prejudice and pressure by world powers has been much appreciated by the Maldivian general public.

Being a Presidential system of governance, the President is elected by a direct votes from the national electorate, and rules only with the support of the majority of his subjects. Hence, a far more democratic process to ascertain President Waheed’s position would be to hold a public referendum on whether he presently has the majority support or not.

#Maldives: #Canarygate Scandal: MRF 24 million scam involves ex-President Nasheed's senior administrators: Auditor-General

2012-10-18T09:56:00.001+05:00

#Maldives: Four senior members of former President Nasheed's administration were culpable is a MRF 24 million scam, Auditor General Niyaz Ibrahim told the Parliamentary subcommittee on Finance yesterday. The individuals named included two high profile members of former President Nasheed's party Maldivian Democratic Party (MDP) who had been given political posts when Nasheed came into power. They were Ahmed Assad, the younger brother of Nasheed's Housing Minister and close confidante Aslam and Abdulla Shahid (pic), one of the 11 involved in the November 3rd coup led by Nasheed's uncle Sikka Ahmed Ismail Maniku in 1988. Assad had filled the post of State Minister of Finance in Nasheed's government, while Abdulla Shahid had been State Minister of Defence.

The scam involved embezzlement of state funds amounting to MRF 24 million, paid from the Ministry of Finance and Treasury for falsified invoices for services claimed to have been rendered to the National Centre for Disaster Management (NDMC). The Audit Office investigation found that these services were never rendered, and that the invoice numbers given were numbers of invoices by other companies and not the company which had been paid.

The other three individuals involved werethe Director General on NDMC Mohamed Shahid, its Deputy Director General Ali Moosa Kaleyfaanu and Mohamed Ahmed, Financial Controller at the Ministry of Finance.

The Company which had been paid for false invoices was identified as ABC Company (Allocate Business Company), whose two shareholders were Najaah and Abdulla Anas of Beauty house of Addu City Maradhoo.

Senior Audi Office staff reported that there was a five year gap between the submitted invoices and the services that were claimed. Additionally, some invoices had been flagged by junior NDMC staff and Finance staff as already paid. However, no attention had been paid to these issues by the above named officials who had authorized the payments to Najah and Anas.

Abdullah Shahid (alias DB – Double Bass) is a convicted terrorist who was part of the Maldivian terrorist group led by Nasheed's uncle Sikka Ahmed Ismail Maniku. The group masterminded the 3 November 1988 failed coup attempt in which 19 innocent Maldivians were killed. Sikka’s coup was undertaken with the PLOTE faction of the LTTE. Shahid was homsexual Sikka’s drinking buddy and ‘close personal friend’. An officer of the Maldives armed forces at the time, Shahid provided details of the military strength, armoury and roster details which allowed PLOTE leader Uma Maheshwaram to plan the coup attempt. The Maldivian coup leader was Abdulla Luthufee, a homosexual associate of Sikka Ahmed's whose lifestyle and activities were funded by Sikka from an early age. Luthufee has been fugitive from the Maldivian Government since 2009. Luthufee led the failed attack, bringing about 100 PLOTE mercenaries by sea in what was Sikka's third bid to overthrow the legal government of the Maldives.

Abdulla Shahid was found guilty of terrorism and sentenced to life imprisonment for his involvement in the coup. Pardoned by President Gayoom, Shahid went to work in his family owned business. Sikka's nephew, Nasheed first appointed him Minister of State for Defence in 2008 as soon as he came to power. However, when a public outcry broke and hundreds of people marched in demonstration against Nasheed’s appointment of convicted terrorist and traitor as Defence State Minister, Nasheed transferred DB to his next position as Minister of State for Housing, Transport and Environment. He was then put in charge of the NDMC, where he apparently masterminded the Mrf 24 million embezzlement now being investigated by the Auditor General.

Auditor General Niyaz Ibrahim reported that a further embezzlement case of MRf 18 million also involving the NDMC had come to light during his investigation. However, he did not release any details of the latter investigation.

#Maldives: 9 Murders in 2012: Death Penalty call increasing exponentially

2012-10-15T09:03:00.003+05:00

#Maldives: Pressure is mounting on President Mohamed Waheed to implement the death penalty in Maldives as the murder toll in 2012 rose to nine murders earlier this month. A youth group yesterday announced a rally calling for death penalty, scheduled for the afternoon of Friday 19th October. Calls for death penalty increased exponentially after the brutal murder of Member of Parliament and moderate Muslim scholar Dr. Afraasheem Ali on October 2, 2012. Social media report that support for death penalty in Maldives rose to 64% of Maldivians on social media in the wake of Dr. Afraasheem's brutal murder.

The list of murder victims is 18 victims long, from 2007 onwards (pic). Of these 11 murders were committed on the capital Male', the rest on various islands. Fourteen of the 18 murder victims were young adults between 15 and 35 years of age.

MP Dr. Afraasheem's murder comes within three months of the brutal murder and decapitation of famous lawyer Ahmed Najeeb, also on the capital Male'. In between came the knife slaying of a police officer, Lance Corporal Adam Haleem, on Kaafu Kaashidhoo island in July while he was on duty.

The youth organizers of Friday's rally have told media that they will be calling for death penalty as in Islamic Shari'a and for the enforcement of Islamic Sharia in the Maldives. No registered civic associations or political parties have been named in the organizing group for the rally.

Leading members of the Government, including the Islamic Minister Sheikh Mohamed Shaheem Ali Saeed, Attorney General Aishath Azima Shakoor and Home Minister Mohamed Jameed Ahmed have all publicly expressed the view that Islamic Sharia is very strict on Q'isas, the rule of death penalty for murder, and that several procedural steps must be strictly followed before death penalty can be implemented on the basis of Islamic Shari'a. In his sermon at Friday Prayers on October 12, 2012, Sheikh Shaheem dealt with the principles of Q'sas and called upon the authorities to urgently enact a law to implement Q'sas.

Attorney General Azima Shakoor pointed out that Islam gives the utmost importance to protects human life, and that Q'isas principles dictate very specific principles, including that the conviction of murder must be by unanimous decisions by a panel of judges. She highlighted several issues in Maldivian legal system and judicial process that need to be addressed before death penalty can be implemented in accordance with Islamic Sharia. She pointed out that several pieces of legislation are lacking for a firm conviction and ruling on murder cases. The Attorney General also took the view that death penalty should be implemented as Maldivian justice system was based in Islamic Sharia, but a specific law is required as is the case for most Muslim countries that implement the death penalty as in Islamic Sharia.

The Government announced on yesterday that it would be sending a bill on the death penalty to the Parliament within three weeks. The period required was to get input from legal and religious sources, it said.

In the debates following each murder, MPs have also expressed vocal support for the death penalty. Death penalty is justified as a deterrence to violent crime, several said. Violent crime and killings and crimes can only be halted by a death penalty law, is the view voiced by proponents of death penalty in Maldives.

Public sentiment in support for death penalty and a swift execution of such a sentence rose earlier this year following a high profile murder case tried in July, the murder of famous lawyer Ahmed Najeeb. The victim was found dismembered and decapitated on July 1, 2012, his body parts found stuffed into a garbage bag found in a large garbage bin in the accused's home. A young unmarried couple, Ahmed Murrath (29 years) and his girlfriend Fathimath Hana (18 years) were sentenced to death by the court on July 19, 2012, the charge being first degree murder. Murrath was a client of the murdered lawyer. Both had confessed to the murder, having invited Najeeb to their home on the previous night.

Following Q'isas principles, the victim's heirs were asked for their decision on implementing the court decision. All eight heirs had asked the Judge for the death penalty while one had urged a public execution. Islamic Sharia dictates that, even if one of the heirs pleas for mercy, a death sentence cannot be delivered, but must be commuted to a lesser sentence. Hana's lawyers have appealed the conviction, on the basis on that Hana had gone to sleep after tying the victim to a chair and claimed that Hana had no knowledge that Najeeb had been murdered. However, evidence presented by the State included CCTV footage which showed that Hana had accompanied Murrath to purchase the garbage bag used to dump the dismembered body. Both were caught on CCTV using the victim's cash card to withdraw money that night.

In the immediate aftermath of the death penalty verdict against Murrath and Hana, the Home Minister Mohamed Jameel Ahmed and Attorney General Aishath Azima Shakoor independently stated that death penalty can only be implemented after the procedures for implementing the death penalty are established. Both pointed out that there was no law to implement the death penalty, a view heavily criticized by the public on online media sites and on social media.The Home Minister stated that he is pro-death penalty, but that sentence can only be implemented after completion of the appeals process.

Home Minister Jameel added that a letter had been forwarded to the Parliament, requesting it to facilitate the implementation of death penalty by passing the relevant laws. The Government of Dr. Waheed has been shackled in Parliament to date due to Parliamentary Regulations which say that a bill by the Government can only be tabled by an MP belonging to the President's party. Dr. Waheed's party Qaumee Ittihad has no MPs in Parliament. However, last week, the Parliamentary Subcommittee on General Matters passed a motion allowing an MP of the coalition of parties in Dr. Waheed's government to table Government bills. This motion has yet to be tabled on the Parliament floor for approval.

Heightened feelings on the death penalty are perhaps compounded by the public sense of lack of justice in violent crimes, as courts fail to sentence the accused on some murder cases and the prolonged court trial process. Today's call for the rally came within minutes of a court ruling that there was not enough evidence to convicta juvenile charged with the murder of another youth on VilliMale' last year. The underage individual was one of four individuals charged with first degree murder of Miruza Ibrahim in April last year. The victim Miruza Ibrahim was beaten with wooden clubs and other weapons in VilliMale' on 11 April 2011, and died three days later while receiving care for his injuries.No individual has been convicted of the murder. All four charged by the State have pleaded not guilty.

The death penalty debate was also fuelled today by another appeal hearing at the High Court. Today's appeal hearing was on the death sentence verdict against Mohamed Nabeel (22) who was convicted of stabbing to death Abdulla Faruhad (18). At today's hearing, the State presented evidence that it claimed showed that Nabeel was guilty of the murder. The State insisted that there were no grounds for reversing the death sentence on Nabeel. Faruhad was stabbed to death in Male' on March 2009, while the court sentence on Nabeel was delivered on November 22, 2010. Both Faruhad's parents had appealed to the court for a death sentence for their son's murderer.

In another ongoing murder trial, at a hearing on October 11, 2012, State submitted that there was no additional evidence to submit against one of three underage individuals accused of the murder of Ali Hassan (Ayyube) on Dhaalu Kudahuvadhoo island in January 2012. This individual, a step-grandson of the murdered elderly man, had lodged a not guilty plea on a charge of first degree murder while the other two pleaded guilty to the charge of being accessory to first degree murder. State had earlier requested permission to submit DNA proof against the individual charged with first degree murder. However, the State had been unable to submit the DNA evidence by the time the period granted by the court to submit it. All four heirs to the accused had appealed in court for death penalty for Ayyube's murderer(s).

The murder trial of Abdul Muheeth (Bobby) murdered in February this year is also still ongoing. All three juveniles, charged with first degree murder, have pleaded not guilty tp the charge. Some have reportedly passed the age of 18 in the period from their arrest to date. At the last hearing on October 4, 2012, the State submitted phone call evidence against the charged. The trial hearing was deferred due to the resignation of the defence lawyer of one of the accused juveniles, to give opportunity to appoint another lawyer. The State have also charged an additional three individuals with first degree murder of Bobby.

The death penalty debate is complicated further by the fact that in many of the ongoing and past murder trials, the accused are underage or youth under 25 years of age. In the murder of Mohamed Hussain (17) on July 30, 2012, the State charged six individuals with terrorism charges as the victim died as a result of injuries after an assault. A murder suspect in another case, Ibrahim Shahum Adam of Galolhu Cozy, was on of the six charged with terrorism for Mohamed Hussain’s murder. Shahum is also being charged with “first degree murder” for the murder of Ahusan Basheer of Seenu Atoll Hithadhoo Varudheege. The Anti-Terrorism law states that if a person dies due to an act of terrorism the offence carries the death sentence, life in prison or exile. The law also stipulates that an accessory to such a crime would also carry the same penalty.

Ahusan Basheer () was stabbed and killed in March 2011, while he was standing near the NC Park. The state charged four individuals, including two juveniles, with first degree murder. Ibrahim Shahum Adam of Galolhu Cosy and Hassan Shimaz Mohamed Suad of Machangoalhi Venus Thari were also accused of murdering Ahusan Basheer. Ahusan's four heirs have stated before the court that they want the death penalty to be enforced against his murderers.

The Maldives last carried out a death sentence in 1958, where the accused convicted of sorcery and witchcraft, were executed at gun point. Since then, although murder convictions have been delivered by the courts, the Government of the time had not implemented these, on the basis of a Constitutional provision which gave the Head of State the power of pardon. This provision was however removed from the new Constitution of 2008, on the basis that separation of powers of the State. At the time too, in the debate in the Special Constitutional Assembly for amendment of the Constitution, the experience of Afghanistan was pointed out whereby the Judiciary delivered "extreme" rulings citing Islamic Shari'a which were however disputed by Islamic scholars of more moderate views. This experience was cited as an example of the potential risk for justice in the Maldives.

However, some media still report that Maldivian law reportedly permits the Head of State to commute a death sentence from the courts to a lesser sentence. Religious scholars and private individuals have charged that this violates Islamic Sharia principles which give the victim's heirs the right to decide on death penalty for the killers once proven in court. A case requesting a ruling on this matter was submitted to the High Court by private individuals on August 8, 2012. The High Court has not yet ruled on the case. Islamic Minister Sheikh Shaheem, in his Friday Prayer sermon last Friday, also reiterated his view that a pardon was in the hands of the heirs of the murder victim and not the Head of State.

The issue is likely to be a weighty one in the political struggle between President Waheed and his unity government and that of former President Mohamed Nasheed and his party, MDP. Nasheed is reported to have foreign support due to his charges of Islamic extremism in the Maldives. Activists from his party, including Mariyam Naifa (pic), married to Nasheed's cousin, have been arrested in conjunction with MP Dr. Afraasheem's brutal murder. Police last Thursday confirmed that they have evidence that links all six individuals arrested to the murder. Five of the six have been identified as activists from MDP. In the midst of the war for public support, it remains to be seen how the issue of implementing the death penalty will be resolved in the Maldives.

#Maldives: Hopes for True Democracy Dimmed by Millionaire Branson, Mark Lynas and Srdja Popovic's Battle to Reinstate Nasheed

2012-10-13T13:50:00.002+05:00

#Maldives: The current political struggle in the Maldives has been grossly oversimplified and wrongly reported by some foreign powers and foreign media as a military coup that put back in power the government of former President Maumoon Abdul Gayoom. An unbiased look at the facts of the popular non-violent struggle that led to the transfer of power on February 7th shows that it was neither a coup, nor was it an illegal ouster of a "democratic" leader. Rather, it reveals the triumph of the Maldivian people over an increasingly dictatorial leader, Mohamed Nasheed, a man who had repeatedly violated the Constitution. Fortunately for the citizens of this highly vulnerable country, their struggle has been recognized by the world powers that continue to keep a close eye on the Maldives, namely India and the United States.

Nasheed's sudden claim of a military coup, over 24 hours after his public resignation telecast on all local television stations, has been blamed on his closest confidante MP Mariya Didi, by senior officials and MPs from within his own party. Others blame it on MP Reeko Moosa Maniku, then interim President of Nasheed's party (MDP), a man who lost millions in terms of illegal contracts and payouts due to Nasheed's resignation. The more daring of MDP leaders and MPs who spoke out against Nasheed's lies and called for reform within MDP were summarily ousted from their own party. This case of unjust and illegal removal of elected party officials from the party's two top posts is now in court.

However, an analysis of the current international campaign to reinstate Nasheed in violation of the Maldives constitution and laws show a far more sinister picture. It shows that this is not a case of a vascillating leader, but one of foreign intervention in a poor economy by rich Westerners, multinationals with vested interests and pan global organizations with no knowledge of the ground situation.

These vested interests seek to portray Nasheed's sudden rise to power in 2008 as the victory of a "popular" leader over a "dictator". Contrary to this claim, there is evidence that Nasheed was brought to power by Western vested interests. A paper owned by Nasheed's college mate Christian missionary David Hardingham, Minivan News, report in 2009 that ideas imported from Canvas, "an organisation of trainers and consultants that travel the globe to transfer their skills, knowledge and principles of non-violent struggle" provided the master plan that brought Nasheed to power. It reports that Canvas provided the ideas and strategies for Nasheed's campaign and provided MDP activists with the training to implement these. The Minivan News article which has now been taken offline reported that Canvas executive director Srdja Popovic claimed that “Maldives was fourth in line of our successes” (Read full article from Minivan News at this alternative site).

Popovic and his team reportedly provided training and materials to MDP activists to run subversive campaigns in the islands. Popovic is an activist who achieved international fame and prestige following his lead involvement in the movement that lead to the ouster of Serbian leader Slobodan Milosevic in 2000. His team from Canvas (Center for Applied NonViolent Action and Strategies) was reported to be active in Maldives since 2006, two years before the presidential elections.

In 2006, Canvas traveled to the subcontinent to hold three training sessions on non-violent resistance: one in Male’, one in Addu and one in Colombo (Canvas was reportedly also active in retired General Sarath Fonseka's bid in the Sri Lankan elections). Canvas's reported aim was to arm MDP activists as well as members of civil society with a set of tools that could be used to overthrow government using non-violent methods. Around 20 people attended each of these sessions, some of whom, says Popovic, joined Nasheed in government posts. The three main principles espoused by the theory of non-violent struggle are unity, planning and discipline.

Minivan News reports Shahinda Ismail of Maldives as saying that she relied totally on the Canvas manual, Non-violent struggle: 50 crucial points. “Everything I did for the group, I got from the book.”, Shahinda told Minivan. Shahinda, younger sister of Nasheed's Political Advisor Ibrahim Ismail, was Nasheed's representative on the Police Integrity Commission (PIC). She headed PIC until her resignation earlier this month to join Nasheed on his new campaign.

Minivan News further reports that during the 2008 elections, Canvas had direct contactd with MDP members, including holding Skype workshops with them, guiding them throught the campaign.

In an interview with Steve York in Belgrade in December 2000, Popvic explains his methodology as"filling the political space with, you know, like cancer". Popovic goes on to say, "We decided in that early period that the only way to provide a lot of human resources which could be trained and become useful activists [was] to work like a disease. So what we tried to do [was] to act like a huge disease, spreading all over the country".

The Maldivian experience of Popovic's transplanted revolution was indeed similar. Nasheed's party activists did indeed attempt to spread like cancer in the islands. However, Nasheed failed to win the 2008 elections on his own, perhaps because of the Reform Agenda implemented from 2004 by incumbent Gayoom or perhaps because the traditionally violent MDP could not implement non-violent strategies.

Elections data shows that Nasheed did not come to power on a popular vote in his favor. Nasheed was in fact trounced at the first round of the free and fair elections in 2008, the victor being Gayoom who took 40.63% of the vote. Nasheed received only 25.09% of the vote in 2008 elections. These facts cannot be dismissed since the 2008 elections have been accepted worldwide as free and fair.

Nasheed's success in the second round was backing by rivals Dr. Hassan Saeed and Gasim Ibrahim, who received 16.78% and 15.32% respectively in the first round. The very coalition of parties that installed Nasheed in power are now leading the coalition of parties backing current President Dr. Waheed. Ministers in Dr. Waheed's cabinet and advisors are the same as Nasheed's, having exited Nasheed's government citing irreconcilable differences on Nasheed's violations of good governance, law and order, and fundamental rights.

In an April 2012 article co-authored with Robert Helvey, Popvic calls upon his converts to finish what you start. The articles terms the February 7th transfer of power as a military coup. It says, "Mohamed Nasheed Anni, was deposed in what appears to have been a coup staged by the military and police". However, the article's factual basis is questionable by simple mistakes such as referring to Nasheed's predecessor Gayoom as "the country's long-time military leader", a factually wrong statement.

However, more disturbing is the support given by Popovic to "finish what you start", seen by some Maldivian political commentators as an indication that Popovic and his group are behind the sudden re-organization of Nasheed's new bid for the presidency. What began on February 8th as a violent assault on private and public property, characterized by arson and targeted attacks on individuals", has whitewashed itself to give the appearance of a legitimate political campaign.

In the midst of this came the brutal murder of MP and moderate Muslim scholar Dr. Afraasheem Ali. Of the 6 people arrested so far, five are identified to be activists belonging to Nasheed's party MDP. Nasheed's cousin Eva's close friend Mariyam Naifa, a frontline flag bearer at MDP, is reported to have coordinated the murder and made the payment to the gang members involved (see RN Article on 5 October, 2012). The gang member said to have led the murder, Ali Hashim (Smith) is also reportedly a close friend of Nasheed's cousins Eva and Sabra Nooraddeen.

As Popovic notes, his "non-violent" revolution was marred by murders and killings. Murder and killing, he says, was not a worry for war torn Eastern Europe. Popovic himself is linked to two murders, that of a foreign ambassador and that of the new Prime Minister after the Serbian revolution.

Concerned citizens of the Maldives watch in trepidation as Nasheed and his militant party MDP appeared to gain ascendancy after Nasheed's recent visit to the UK. Social media reports that this visit was to raise funds for pay Popovic and his team for their assistance in a re-tooled bid for the Maldivian Presidency.

However, no well paid pan global interest group can whitewash of the transfer of power on February 7, 2012 from Nasheed to his elected Vice President Dr. Mohamed Waheed Hassan as a coup on any legal basis. Even an activist of Popvic's credentials cannot hide the fact that Nasheed resigned, nor that his resignation was voluntary and without coercion. Nasheed has been unable to show any evidence that he, his family and supporters were threatened with their lives. Nasheed claimed that the threat was made to his former Defence Minister Tholhath Ibrahim, Tholhath has denied even alluding to such a threat. Eyewitnesses corroborate Tholhath's statement on what he told his President. Public statements by other ministers in Nasheed's cabinet about his interactions with them during the hours that led to his resignation verify that, at no time, had Nasheed told any cabinet Minister that he was resigning under duress.

Nasheed's allegations that he was forced to resign at gunpoint has also been factually refuted by both his close aides and the military. An internationally backed and transparent investigation into the transfer of power, which was closely monitored by reputed international observers, found that the transfer of power on February 7th was legal and constitutional. These observers, respected judges from New Zealand and Canada selected by the UN and Commonwealth, participated in the investigation heard depositions and statements, the majority of which was by Nasheed's family, close friends and leaders of his party.

In addition to Popovic and his network, Nasheed is publicly backed by millionaire Richard Branson of Virgin Group. Branson led a petition launched by Nasheed's college mate Christian missionary David Hardingham calling upon Dr. Waheed to bypass the Constitution and due legal process and to hold an elections in October 2012. The petition by Nasheed's friends published in The Guardian ignored the facts of the country's independent Prosecutor General's criminal case against Nasheed. It called the PG's case spurious civil and criminal charges" and "a strategy of legal harassment pursued by the illegitimate regime of Mohamed Waheed" The "sole purpose" of the criminal case against Nasheed, according to Branson and his friends, "is to sideline Nasheed from active politics and further stamp out any political opposition".

Despite the vocal and powerful lobby of the rich, fortunately for Maldives, the transparent legal facts of the case, a criminal case lodged by the independent Prosecutor General against Nasheed for the illegal and unconstitutional arrest of a judge, have been accepted by legitimate foreign governments and international organizations.

A very strong response to Branson and his friends by Dr. Hassan Saeed, former Senior Political Advisor to Nasheed, arues that "claims that the islands' new leaders are a threat to democracy don't stack up" (The Guardian, September 25th, 2012). Hassan Saeed, a highly respected lawyer and former Attorney General, charges, "... when in power he [Nasheed] behaved in exactly the same way [as Gayoom] when he illegally arrested the chief judge after he passed a ruling he did not like".

Nasheed's petition signatories Branson and actor Ed Norton (another signatory to the petition) are hardly concerned bystanders purely concerned with democracy. On the contrary, they are close friends of a Singaporean investor in Maldives, Sonu Shivdasani, Chairman and CEO of Soneva Resorts in the Maldives. Branson is said to be deeply involved in the SLOW LIFE (Sustainable-Local-Organic-Wholesome Learning-Inspiring-Fun-Experiences) initiative by Sonu under his Six Senses properties flag. Signatories to the petition, Branson, actor Edward Norton and actress Daryl Hannah joined Sonu at his launching ofSLOWLIFE in 2011. Nasheed was the chief guest.

Similarly, signatory Mark Lynas (environmentalist and author) has vested interests in reinstating Nasheed's government. Lynas was Nasheed's "Climate Change Advisor", drawing a stipend from the Maldivian Treasury for this position. Similarly, Nasheed's college mate and owner of Minivan News, David Hardingham was rewarded by Nasheed with the post of "Honorary Consul for Salisbury" another post which was paid for by the Maldivian Treasury. Hardingham is a signatory to the petition and leads an anti-Maldives Tourism campaign calling upon European tourists to boycott Maldives until Nasheed is reinstated. Lynas's supposed championing of "democracy" in Maldives will also no doubt lend him much needed publicity to market his image as a promoter of carbon-neutrality.

For these foreign lobbysist for Nasheed, his rise to power was akin to an "Arab Spring" revolution, Nasheed himself referred to as the father of democracy. For the disillusioned who worked day and night to put Nasheed in power, its a tough lesson in the fickleness of politicians. Regardless of which point of view is held, there is widespread agreement that the Maldives "Yellow Spring" (sometimes also called Yellow Fever by grass roots members of opposing parties) was a national disaster of gigantic proportions.

Political pundits say that Nasheed's biggest victim has been multi-party democracy in the Maldives. Economic sages say, Nasheed destroyed the economy. Social analysts point to the increasing violent crimes being committed and the rise of gang rule in society. Lawyers decry Nasheed's war with the Judiciary, charging that this has prevented the formation of a trusted and independent Judiciary in the country.

As the Maldives struggles through its third year of economic recession and high inflation, the average citizen is frustrated and aggravated by dramas on the non-funtional Parliament, seemingly endless street riots, and war of words between politicians, all telecast live to the citizen working 24 hours to make ends meet. The apparent frivolity of both government and parliamentary politicians and their rapid crossing over between rival parties are public jokes from the edlerly grandparents down to school age children.

Economic woes, social ills and the failure of the newly elected Government and Parliament have contributed to the widely held public view is that "party system" has destroyed the country. The large segment of population socializing in the popular tea-kade's and coffee shops call for all political parties to be abolished and party leaders to be exiled, preferably overseas. This call for parties to be abolished is reiterated in comments on online papers, on visual radio programs and social media. In addition to the Yellows, the Blues (Dhivehi Raiyyithunge Party), the Greens (Adhaalath Party) and the Pink (Progressive Party of Maldives) take their fair share of citizen angst against political parties and politicians.

Current attempts by Nasheed's rich supporters to reinstate him are ringing alarm bells amongst the conservative segment of Maldivian voters who are against foreign intervention by any radical interest group, be it in the name of "democracy" or "Islam".

A retired senior politician who requested to remain unnamed told Raajje News, "There's absolutely no difference between Popovic and "Anni's [Nasheed's] Muslim extremists". Popovic and his followers are radicals exporting ideas from their own experience. Our society is fundamentally different, our political experiences are fundamentally different, our people's aspirations are different. An imported "Arab Spring" remedy doesn't work as we saw, we have to develop our own remedy. In their ignorance of the Maldivian situation, these Westerners are backing an organization with a history of violence, MDP. The so-called extremists are trying the same thing, they seek to import extremist thinking on Islam and Afghan Taliban dress code into Maldives". The individual, who worked senior posts in all three former administrations, those of former Presidents Nasir, Gayoom and Nasheed, also worked with Nasheed in the 2008 campaign.

No white wash of the current struggle for Nasheed to regain power by any means can make Maldivians forget the fact that the Maldives was struggling under a deepening crisis of abuse of fundamental human rights by an Executive that was consistently exceeding its democratic powers, coupled with increasing poverty and rising crime under Nasheed.

Maldivians can take heart from President Waheed's first statements to citizens that he would uphold the Constitution and restore law and order in the country. Despite immense pressure from foreign networks that backed Nasheed in 2008 such as Popovic's network and that of millionnaire Branson, and despite the violent street riots led by Nasheed and his militant party Maldives Democratic Party, President Waheed has remained focused on fulfilling this promise.

#Maldives: Murder for "justice"? MDP's Velezinee vs. murdered MP Dr. Afraasheem

2012-10-10T18:38:00.001+05:00

#Maldives: Over a week after the brutal murder of MP and moderate Muslim scholar Dr. Afraasheem Ali, authorities have yet to reveal details of the murder and subsequent arrests. Police confirmed three days ago that a fifth arrest had been made in relation to the murder. Social media report that all five are activists from former President Mohamed Nasheed's party Maldivian Democratic Party. Dr. Afraasheem was a public target of Nasheed and his Maldivian Democratic Party, which went so far as to call him "Dr. Ibilis" (translation, "Dr. Devil). The MDP's hate speech against Dr. Afraasheem was part of their campaign against the country's Judiciary and the Judicial Services Commission (JSC).

The murder victim, at one time the JSC's Vice-President, was accused by Nasheed and his party as a "traitor" who violated the Constitution and appointed a "corrupt" Judiciary consisting of "his friends". The campaign against Dr. Afraasheem was led by Nasheed's close friend, his appointee to the JSC, Aishath Velezinee. Days before Dr. Afraasheem's murder, Nasheed launched a book by Velezinee, a compilation of vitriolic and defamatory accusations against Dr. Afraasheem and key members of the JSC, including Speaker of Parliament Abdulla Shahid. These allegations have also been published in print, online papers and social media, led by Minivan News, a paper owned by Nasheed's college friend, Christian missionary David Hardingham.

Although Dr. Afraasheem is not alive today to defend himself against his accuser Aishath Velezinee, what the general public does not know is that the Judicial Services Commission had done so long ago, by way of a Press Release on August 3, 2010 which very specifically addressed Velezinee's allegations against the JSC and its actions.

Velezinee's book, titled "The Failed Silent Coup: In Defeat, They Reached for the Gun", is said to be an account of "what really happened" within the JSC in implementing the provisions relating to the Judiciary under the 2008 Constitution. Her narrative has been called by some an apologist's excuse for her mentor former President Mohamed Nasheed's military arrest and detention of this same Judge Abdulla Mohamed. Nasheed's criminal trial for these acts began yesterday amidst much international media exposure but very little local furor. Velezinee was Nasheed's Deputy Minister of Home Affairs from October 2011.

In summary, Velezinee's very long narrative accused both the JSC and Parliament of failing "to carry out [their] constitutional responsibilities", of violating the Constitution and "rendering it powerless". The sole reason for her allegations are given as failure to sack the "infamous" Judge Abdulla Mohamed, a man Velezinee says was "a threat to national security and social harmony". The acts of the JSC are condemned for its appointment of Judge Abdulla Mohamed to the Criminal Court bench. The JSC, she says, "committed major atrocities" and "hijacked the country’s judiciary and rendered its Constitution powerless".

Velezinee accuses three individuals of committing her alleged crimes: the then President of the JSC Judge Mujthaz Fahmy, representative of Parliament on the JSC and its Vice-President Dr. Afraasheem Ali, and Speaker of Parliament Abdull Shahid, also a JSC member by virtue of of his position as Speaker. Having condemned the three individuals for a number of instances in which they did not agree with her viewpoint on the qualifications of Judges to the bench, Velezinee then argues that the only recourse left to stop the "national security threat" of Judge Abdulla Mohamed was then President Nasheed.

In her book, Velezinee accuses murder victim Dr. Afraasheem obstructing the JSC's investigation of her allegations against Judge Abdulla. Noting that Dr. Afraasheem was a member of the the 3 member JSC Investigative Committee to investigate allegations against Judgee Abdulla Mohamed, Velezinee alleges, "Whenever a problem related to Abdulla Mohamed is raised at the Commission, Dr Afrasheem jumps to his defence. In several meetings, he has expressed the opinion that complaints against Abdulla Mohamed cannot be investigated. And, according to reliable information I have received, he has expressed the same view during meetings of the Investigative Committee itself".

Velezinee's book includes the text of one of her letter's to Parliament (8 March 2011) in which she accuses Dr. Afraasheem and Speaker Shahid of "putting the country into a dangerous situation". Her letter concludes the conduct of Speaker Shahid "and Dr Afrasheem Ali, who represents the Majlis at the Commission, obstructs the Commission’s efforts to fulfil its Constitutional obligations, putting the country into a dangerous situation ".

Dr. Afraasheem is further accused by Velezinee in her book of dismissing Article 285 of the Constitution, and by doing so compromising the independence of the Judiciary.

In a letter to Commissioner of Police Ahmed Faseeh, reproduced in her book and dated 13 January 2011, Velezinee makes the following "allegations of criminal wrongdoing": "Using the Judicial Service Commission to exert undue influence over judges; Making defamatory statements against me [Velezinee]; Obstructing the work of an independent commission established by the Constitution; Using the Judicial Service Commission to conduct, and attempt to conduct anti-State activities". Her list of "The Accused" in the letter includes Dr. Afraasheem Ali.

The JSC, in its Press Release of August 3, 2010, points out that the Standards for Judges, one cause of Velezinee's anger, was approved on 11 May 2010 by a majority decision of its 10 members who attended the session that day. It notes that the vote was taken after several discussions on the topic. It further notes that, on the day that the Standards were passed, the sole objection raised by "a few members" was towards approving the Standard's fourth criteria in the form that it was at the time.

The JSC reports that, subsequent to this, the JSC held another session on 27 July 2010, together with the "few members" who had queried on Criteria 4, to discuss the issues relating to this criteria. Nine members attended this meeting, including the few who had raised objections to it. The JSC reports that, after discussion amongst members Criteria 4 was modified, and Criteria 4 together with the amended Standards was again passed by vote at this session. All nine members in attendance voted in favour of the amended Standards, including the "two members" who had previously objected to the earlier version of Criteria 4.

Most importantly, the JSC notes that President's Nasheed's representative on the JSC Aishath Velezinee attended the meeting on the 27th of July (2010) and voted in favor of passing the amendment to Criteria 4 and in favor of passing the Standards as amended thus. The JSC reported that its Minutes of meeting and audio recordings of these minutes will testify to these statements.

The JSC's press release goes on to demolish Velezinee's charges of its actions as illegal and unconstitutional by stating several legal arguments defending the right of the JSC to make and implement the Standards and the unanimouse decision of the JSC in approving the amended Standards. Its core arguments are the Standards meet all the legal requirements in the Constitution and in the relevant laws and regulations, including the Law on the Judicial Services Commission. A further argument is that the Constitution states that the lack of law on a particular subject should not be an impediment to fulfilling a legal right enshrined in the Constitution.

The JSC further points out that, under the Constitution, every individual has the right to work and that an individual is deemed innocent until proven guilty in a court of law. On this and other legal bases, the JSC notes that a judge, as any other individual, cannot be deemed guilty based on allegations but that guilt, if any, must be determined by a court of law. As such, it argues that a Judge cannot be sacked nor prevented from right to work merely on the basis of an allegation of a crime.

In defending its decisions on judges, the JSC cites Article 14 of the International Convention on Civil and Political Rights which states ""Everyone charged with a criminal offence shall have the right to be presumed innocent until proved guilty according to law”. It further cites Article 11 of the Universal Declaration on Human Rights which states that "“Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has all the guarantees necessary for his defence”.

Dr. Afraasheem's murder has raised concerns in the media as to the role of gangs in increasing violence in the country. It has also raised concerns about the links between political parties and gangs. Politicians have called for strengthening laws on gang violence, increased policing and for implementing current laws. However, little has been said about the role of hate speech such as Velezinee's in inciting violence against a particular individual or group of people. It cannot be denied that Velezinee's highly defamatory attacks on Dr. Afraasheem and other members of the Judicial Services Commission and Judge Abdulla Mohamed are an incitement to vigilante justice by those who may not be aware of the truth. Or who do not even care about the truth.

#Maldives: MP's brutal murder: 9 days, 5 arrests, none charged, new revelations from social media

2012-10-10T09:29:00.001+05:00

#Maldives: Nine days after MP and moderate Muslim scholar Dr. Afraasheem Ali was found brutally murdered, authorities have yet to charge any person(s) with the crime. Five arrests were made swiftly, the first within hours of the discovery of the murder victim, reportedly with blood on his clothes and body. All five are identified by social media to be activists of former President Mohamed Nasheed's party Maldivian Democratic Party (MDP). At the last police briefing on the murder, 3 days ago, police said they had made huge gains in the investigation and were trying to obtain foreign assistance to complete the investigation. Police refused to comment further on the investigation, saying that this may compromise the investigation.

The police reticence on the investigation have fuelled public and social media commentary that the secrecy is due to identified links of the murder to known politicians.

Of 5 detained individuals, the sole female detainee Mariyam Naifa, is reported to have coordinated the murder on behalf of unnamed political leaders. Mariyam Naifa is a close friend of Nasheed's cousin MP Eva Abdulla and a frontline leader in MDP street riots. Unconfirmed reports say that, immediately after Dr. Afraasheem Ali's murder, an SMS text was sent by Naifa to a senior MDP leader, saying "Job done". A further SMS text is also reported to be sent from one of the four male detainees' phone to Naifa saying "money received". Unconfirmed reports say that the latter text was sent from a detainee called Humam.

Ali Hashim (Smith) (pic), reported to be the leader of the 4 male detainees, is also said to be a close friend of MP Eva Abdulla and Nasheed's cousin and MDP activist Sabra Nooraddeen. One other individual arrested in relation to the murder is identified as a young male called Shahin. The last individual to be arrested, unnamed, is reported to be under 18 years of age. Humam too is said to be just over 20 years old.

Unconfirmed reports on the details of the brutal murder have emerged in bits and pieces on social media in the nine days since the discovery of the murdered victim by his wife in the early hours of October 2, 2012. Some reports say that the autopsy of the victim show that he was attacked with three sharp weapons, said to be one sword and two knives. This corresponds to other accounts which say that three of the four individuals followed Dr. Afraasheem inside his home as he returned after a live telecast in a religious education program that night. The fourth member of the murder group remained outside at first, and later entered inside.

The body of Dr. Afraasheem was found lying in a pool of blood on the steps to the first floor of his home. Post murder photos of the murder site show part of the victim's scalp lying amongst the pool of blood. Police report that doctors at the ADK Hospital deemd that the body was dead on arrival there. The first report received by police was at 1.15 am of the 2nd of October. Dr. Afraasheem was last seen departing the Television Maldives Building at 11.15 pm on October 1. The two hour gap between the eyewitness sightings of the murder victim have not yet been explained.

However, eyewitness accounts report the four detained males standing outside their victim's house at 12.30 am on October 2. They were reported to be loitering at the site, smoking cigarettes.The group leader was reported to be a long haired individual, now identified as Smith. Sources requesting to remain unnamed say that the muderers' plan was to dispose of the body elsewhere. However, there was too much blood for the plan to be carried out, they report. The fourth man's entry into the victim's house later is said to be to verify if indeed the plan could not be carried out due to excessive bleeding from the victim.

Swords and knives such as those said to be used in Dr. Afraasheem's murder have been previously reported to be the choice of murder weapon for local gangs. Websites of gangs proudly display pictures of gang leaders carrying their swords. Other pictures show swords displayed on the walls of gang headquarters.

Within minutes of the discovery of the body, local gangs were informed that the killing blow had been delivered by Humam, a member of the Kuda Henveyru gang. Kuda Henveyru gang is said to be one of the biggest gangs in Maldives. Its modus operandi is swords and knives, its membership is primarily youth resident east of the Henveyru football grounds (pic).

Just as the police arrived on the scene, members of another gang in the vicinity at the time (near the park across from the victim's house) were reportedly informed on the phone by Kuda Henveyru leaders to stay away from Humam and Smith who had gone into hiding. The first call was to confirm if the victim was dead.

Humam is a member of MDP Interim President MP Reeko Moosa Maniku's "security" gang. He was arrested while hiding in a bedroom of a home nearby the victim's. Humam was reportedly in shock and shivering at the time of arrest. Blood stained tissues had ben found on the road leading to the house where he was hiding. Humam is reported to be very close to MP Reeko Moosa Maniku, functioning as both a personal security guard and coordinator of attacks on rival politicians and on police during MDP riots. Some reports say that Humam led the attack on VTV mdeia station earlier this year.

A second gang, flat V.N.D.P., is implicated in the murder as Smith is reported on social media to be a member of the V.N.D.P. Others speculate that the involvement of individuals from various gangs mean that the murder was not a gang contract, but one carried out by individuals whose connection was their activist work for the MDP.

Social media chat (see RN Report on murder links) between the girlfriend of Ali Hashim (gang name SMITH) shows her telling a friend that "Smith" was acting wierd that night. She said that "Smith" was "missing that nyt" and that his phone was switched off for a long time. Later "Smith" reappeared, acting "wierd" and very "proud", according to his girlfriend. He had proudly told his girlfriend that they would have no more money worries. "Smith" was a frontline activist of MDP, bearing the MDP flag in its riots on Male' streets. Smith himself is reported to provide personal security to MP Reeko Moosa Maniku. Reeko Moosa Maniku is well known to the public for repeatedly calling for the death of former President Maumoon Abdul Gayoom and other political opponents, including Judge Abdulla Mohamed for whose arrest MDP Spiritual Leader Nasheed is presently on trial. MP Reeko Moosa also has a reputation for calling for the death of various political opponents, during his speeches at party rallies.

MDP activist Naifa (pic) is reported to have handed over cash to the murder group as payment for murdering Dr. Afraasheem. She reportedly threw her phone into the sea at time of police arrest in connection with murder of PPM MP Dr. Afraasheem. At the time she was sitting at Dolphin Cafe' (Henveyru) with MDP lawyer Ahmed Abdulla Afeef (pic). Afeef attempted to prevent the arrest, and then to get her released immediately. He claimed that he was her lawyer. Social media commentators speculate that Afeef was present because MDP was aware that Naifa's arrest was imminent. Upon her arrest, MDP immediately launched a campaign for her release, claiming her innocence.

Police, on 7th October, refused to comment on whether there were additional people involved in the murder of Dr. Afraasheem.

#Maldives: exPresident Nasheed's trial judges summoned before MDP-led Parliamentary Committee

2012-10-09T15:39:00.000+05:00

#Maldives: The three judges presiding over ex-President Nasheed's trial have been arbitrarily summoned to appear before a Parliamentary Committee just 15 minutes before trial is scheduled to begin. The Parliamentary Subcommittee has a majority of MPs belonging to Nasheed' party Maldivian Democratic Party, and is led by MDP MP Ali Waheed (MP for Thoddoo Constituency). Nasheed is facing criminal charges for ordering the military arrest and detention of Chief Judge of the Criminal Court Abdullah Mohamed. The case was brought against him, together with four others, by the country's independent Prosecutor General Ahmed Muizzu. The PG's case is built upon an investigation by Maldives Human Rights Commission, another independent body appointed by the Parliament.

The Parliamentary Committee's summons has been transmitted to the three judges by Speaker Abdulla Shahid. The Supreme Court and the Judicial Services Commission, an independent body entrusted with judicial administration in the country, last night issued press statement denouncing the summons as unconstitutional and illegal. Both bodies stated that judicial independence should be upheld and no person should interfere with due judicial process (Article 141 of the Constitution). However, a statement by the Parliament today counteracted these arguments with reference to the constitutional powers of the Parliament and "general practice" in democratic societies.

Critics of the Committee's summons include Committee member MP Ahmed Nihan (MP for Vilimaafannu Constituency) who notes that the summons is beyond the mandate of the Committee. The Committee's mandate is on General Matters relating to the Government. The summoned judges belong to a separate power, the Judiciary. The Speaker's media release did not make reference to the mandate of the Committee.

MP Ali Waheed, who is reported to have demanded and received US 3 million dollars from Nasheed to crossover from rival Dhivehi Raiyyithunge Party (DRP) in 2010, also heads the Parliamentary Subcommittee on National Security (241 Committee). This Committee last night summoned Police Commissioner Abdullah Riyaz for a second time, the reason for the summons is unknown. In the case of the unlawful arrest and detention of Judge Abdulla Mohamed for which Nasheed is today facing criminal charges, MP Ali Waheed summoned the Prosecutor General and the Human Rights Commission of Maldives to the 241 Committee. Media reports at the time report that the Committee session was dominated by MDP members who harangued the PG and HRCM members for beginning the investigation into the judge's arrest. MP Ali Waheed himself is currently facing charges in court for defying police orders and crossing the police line at a demonstration.

With Nasheed's trial scheduled to start in 30 minutes time, the legal and illegal maneuverings of his party and supporters continue unabated with the latest being a false report published by Amnesty International on Nasheed's arrest. The Maldives Police have released video footage which shows that the Amnesty report was fabricated and disproved Amnesty's allegations. Maldivians on Twitter have strongly condemned the repeated false reports being publicised by Amnesty International on the Maldives.

#Maldives: ex-President Nasheed's arrest vs Judge Abdulla's arrest: Tit-for-tat or due legal process?

2012-10-09T09:40:00.000+05:00

#Maldives: The police arrest of ex-President Mohamed Nasheed yesterday sparked greater international coverage than the military arrest at the crux of the criminal case against Nasheed: Nasheed's arrest of Chief Judge of the Criminal Court Abdulla Mohamed. In contrast, in Maldivian social media, the military arrest of Judge Abdulla on Nasheed's order as Commander-in-Chief drew greater condemnation than yesterday's arrest of Nasheed. Although Nasheed's party, the Maldivian Democratic Party (MDP), repeatedly called for nation-wide protests yesterday, there was lacklustre response on th streets even in the MDP strongholds of Male' and Addu City. Despite concerted efforts by the MDP leadership and MPs from MDP on MDP aligned media station Raajje TV and on Twitter and Facebook, the support was lukewarm with most supporters making do with just a "LIKE" but stopping short of condemnation.

The sharp contrast in yesterday's MDP response and that on February 8th when MDP came out in support of Nasheed's claim of a coup d'etat raised the question of whether MDP supporters too accept that yesterday's arrest was one of due legal process and not a tit-for-tat exercise by the current government.

The conditions of arrest are sharply different. Nasheed's yesterday was carried out by police under a court warrant to arrest and produce Nasheed before court today at 4 pm to face criminal charges for the arrest and detention of Abdulla Mohamed in January and February this year. The country's independent Prosecutor General Ahmed Muizzu has pressed criminal charges against Nasheed and 4 other individuals as culpable for the judge's arrest. Nasheed had steadfastly refused to appear before th court, claiming the court illegal and the charges "politically motivated", his refusal leading to the arrest as the defendant's appearance is mandatory for the trial to proceed.

In contrast, there was no warrant for Judge Abdulla's arrest nor were there any criminal charges against the Judge. Under the Armed Forces Act (2008), the military has no civilian role except where a written request for assistance is made by the police. According to then President Nasheed’s Press Secretary Zuhair (Juha) who spoke to media that day, the arrest of Justice Abdullah has nothing to do with a police summons issued that day. Hence, the reason for the military's involvement (even if illegal) could not be shown by the Executive or the military.

Judge Abdulla was held in military detention at Girifushi Military Training Camp for 22 days. His release was only secured with the transfer of power to current President Mohamed Waheed Hassan when Nasheed resigned on February 7th. The military did not provide any information on the arrest, not even to the Parliament when questioned in Committee. The period of detention, the charges (if any) against the Judge were never communicated to his lawyers, family or the public.

The only information on the arrest were statements by MDP MPs and leaders at political rallies. MDP Deputy Leader and Member of Parliament for Seenu Feydhoo constituency Alhaan Fahmee declared at a party rally that he and other party members would not allow Justice Abdullah to attend the Criminal Court the following day. MDP Parliamentary group member (MP for Thaa Atoll Thimarafushi Constituency) Mohamed Mustafa declared at an MDP gathering on January 18th that the party would ensure that “Justice Abdullah Mohamed will never sit on the Bench again”.

Nasheed is held at the police detention centre on Dhoonidhoo Island, the abode decreed by Nasheed for Dr. Mohamed Jameel Ahmed, arrested by Nasheed first in the chain of events which led to Judge Abdulla's arrest. The MPS have told media that Nasheed would be released immediately after he is produced before the court hearing this afternoon. The conditions of his arrest and the warrant under which it was carried out have been clearly communicated by the police.

The contrast between the two arrests continues in terms of access to family and access to legal representation, the latter mandatory under the Constitution. In the first 36 hours of the Judge's arrest, he was held incommunicado and without access to legal representation or to family. The Human Rights Commission of Maldives was not given access to Nasheed until three days later. The Judge's whereabouts were unknown to anyone except the military and the Executive leadership. Justice Abdullah’s lawyer MP Ibrahim Riza (MP for Kaaf Atoll Guraidhoo constituency) told media that the authorities refused to disclose the whereabouts of his client.

In Nasheed's case, the police have kept Nasheed's family and public updated on Nasheed's location. Immediately after his transfer to Dhoonidhoo Detention Centre, Nasheed was given access to his family and his legal team. Tweets by Nasheed's brother Nazim Sattar during the visit to Dhoonidhoo indicate that Nasheed can move freely on the premises and that he was given the quality accommodation and meals. Nasheed's lawyer Hisaan Hussain told Raajje TV last night upon her return from meeting her client, "we were able to meet President Nasheed and to discuss legal issues with him". There were no negative statements either by the family or lawyers that expressed any dissatisfaction with the conditions of his arrest and detention.

The Human Rights Commission of Maldives, an independent institution, was immediately given access to Nasheed. Nasheed however refused to meet them even though HRCM members went to Dhoonidhoo last night. No reason was given for his refusal.

The reason for arrest is also a sharp contrast between former President Nasheed and Chief Judge of the Criminal Court Abdulla Mohamed. Judge Abdulla was arrested on 16th January 2012 by military personnel who broke into his home at 11.23 pm. Immediately after the arrest, at 0042 hours on January 17th, Nasheed's spokesperson Zuhair told media that Judge Abdulla was arrested because the Judicial Service Commission (JSC) has taken far too long to take disciplinary action against Judge Abdullah despite finding him in breach of judicial ethics. Zuhair further stated that the delay in taking action against Justice Abdullah by the JSC was against the spirit of the Constitution. It should be noted however that at that time there was a Civil Court order restraining the JSC from taking any action against Judge Abdulla until the Court decides the matter.

Haveeru Daily reported that the President Nasheed’s cabinet secretary Hisaan Hussein (now a member of his legal team on the criminal case) had sent a letter the then Commissioner of Police Ahmed Faseeh sometime in the evening of 16th January 2012. In the letter the President’s Office alleged that Justice Abdullah was under certain influence of politicians and requested the police to take action. Immediately after that, the Minister of Home Affairs Hassan Afeef under whom the MPS operates, sent a letter to the military requesting Judge Abdulla's detention alleging that the Judge was "a threat to national security". Minister Afeef's letter did not give any details of the justification for his claim that Judge Abdulla was a "threat to national security".

In former President Nasheed's case, the courts issued a summons to Nasheed to appear before court for the start of a criminal case lodged against him by the Prosecutor General. It further issued an order requiring him to stay within the court's jurisdiction for the trial. Nasheed violated both orders and departed for the South on a campaign trip. Further his legal team declared at a press conference that Nasheed would not appear before the court on any matter alleging that the court (Hulhumale' Majistrate Court) was illegal. Further, they declared that Nasheed would not obey any judicial orders alleging that the Judiciary was corrupt. At his departure in violation of court orders, Nasheed repeated the same two reasons in a media interview telecast on public TV.

A further summons was served upon Nasheed while he was on campaign. Again, the response was the same. The court next issued an order to the Police to produce Nasheed to court. The police refused on legal grounds that they could not forcibly bring any individual unless an arrest warrant was also issued. The court reissued the order together with an arrest warrant. Each step was publicised on media, giving Nasheed ample time to appear before the court or to notifiy it of his acceptance of the court order and intention to appear before it. None of this was done by his legal team or by Nasheed. Instead, both Nasheed and MDP leaders continued to declare in party rallies and to local and international that Nasheed would not attend the trial. Nasheed's yesterday's arrest ensured, with the trial's first hearing re-scheduled for 4 pm today.

The events leading to Judge Abdulla Mohamed's arrest were fundamentally different to Nasheed's arrest. Judge Abdulla was arrested amidst a political fight between Nasheed and his growing political opposition. The specific events began on January 15th 2012 when the Deputy Leader of the opposition Dhivehi Qaumee Party Dr. Mohmed Jameel Ahmed was arrested at 8.30 pm without a judicial warrant as required under Article 46 of the Constitution. Lawyers immediately challenged the arrest on the ground that it contravened the Constitution. In the court hearing, the police admitted that they did not have a case and they were simply following orders to carry out the arrest. Chief Judge of the Criminal Court Judge Abdulla Mohamed presided at the hearing and declared Dr. Jameel's arrest unconstitutional.

The following day the police issued summons to Dr. Jameel and Judge Abdulla. Dr. Jameel went to police station where he was re-arrested on the same grounds, grounds declared legally invalid by Judge Abdulla the previous night. Judge Abdulla applied to the High Court seeking a ruling that under the constitution and applicable laws that the police did not have the power to issue police summon to a judge. The High Court upheld his appeal. The Chief Justice of the Supreme Court also sent a letter to the Commissioner of the Police expressing concern over unlawful summons to a sitting judge. Civic protests followed, unending till the judge's release.

Nasheed did dot cease in his efforts to arrest Judge Abdulla. Towards midnight of 16th January 2012 members of Nasheed's party MDP began gathering outside Judge Abdulla’s private residence. Shortly after that military arrived and broke into the Judge's residence and forcefully took the judge into custody. For over three days MNDF refused to disclose where Justice Abdullah was being held. Lawyers and family members were denied access.

The Government steadfastly refused to release Justice Abdullah despite orders from the Criminal Court, the High Court and the Supreme Court. It also ignored calls for the immediate release of Judge Abdulla by the Prosecutor General, Human Rights Commission, Law Society, Judicial Service Commission and opposition parties.

On January 17th, the Prosecutor General announced that as per the Criminal Court order demanding prosecution against those involved in the unlawful arrest of Justice Abdullah Mohamed, he would charge those who arrested Justice Abdullah unlawfully. He further announced that had requested the Human Rights Commission of the Maldives to investigate the case. The MDP leadership responded by harshly criticising the PG at a party rally that night and began a petition for the removal of the PG from office.

In an interview to Haveeru on January 18th, the Prosecutor General said that he would take action against those responsible for the unlawful arrest of Justice Abdulla Mohamed even if he (the PG) is removed from office by the Parliament. The Prosecutor General was responding to the threats issued by the ruling MDP officials of his removal.

In the light of the above, there is little room to allege that Nasheed's arrest was a retaliatory measure or even that it was politically motivated (see RN blog on whether Nasheed's arrest was politically motivated or not). The lacklustre response by MDP supporters and on social media to MDP's repeated calls for nation-wide protest may be an indicator that the general populace accepts the arrest as due legal process and legally justified. It remains to be seen whether this could spell the turning point for MDP grass roots to look for another leader.

#Maldives: Stop interference in judicial process - Supreme Court, Judicial Services Commission

2012-10-08T23:26:00.001+05:00

#Maldives: The Supreme Court and the Judicial Services Commission have called upon the Parliament to stop interference in the judiciary and to respect the separation of powers as guaranteed under the constitution. The call was made in response to the decision by the Parliamentary Subcommittee on Government to summon before it the three Majistrates on the bench to hear the criminal case against former President Mohamed Nasheed. The summons to the Majistrates was for 3.45 on 9th October, just 15 minutes prior to the scheduled time for the first hearing in Nasheed's criminal trial. The Parliamentary Subcommittee has a majority of MPs belonging to Nasheed's party Maldivian Democratic Party (MDP) and is headed by MDP MP Ali Waheed. Nasheed was arrested earlier today upon a court warrant issued due to Nasheed's violation of two court orders in the case.

In separate press statements both the Supreme Court and the Judicial Services Commission provide legal and constitutional grounds on which such a summons by the Parliament can be deemed as unconstitutional and an attempt to interfere with due judicial process.

The Supreme Court said that such interference by Parliament was directly in contravention to the separation of powers and the guarantee of an independent Judiciary. It said interference in the judiciary would not be permitted in any democratic society, and called upon the Government and independent institutions and all concerned to respect and uphold the separation of powers as guaranteed in the Constitution.

The Supreme Court cited Article 141 (c) of the Constitution which states that "No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts.". It also cited Article 9 of the Bill on Judges as legal foundation for its arguments against judicial interference by the Parliament.

The JSC, in a separate press release, stated that it had sole authority to make judges accountable for their actions, and that there was no ruling by the Supreme Court which allowed a party other than the JSC to hold judges accountable. This was in response to a claim to media by MP Ali Waheed, head of the Parliamentary Subcommittee which passed the summons to the judges, that his committee's ruling was in accordance with a ruling by the Supreme Court. The JSC cited the Constitution and Article 21 (b) of the Law on the Judicial Services Commission as giving it sole power over holding judges accountable.

MP Ali Waheed who also head the Palrimentary Subcommittee on National Security (241 Committee) has previously led campaigns in parliament to obstruct the functioning of other independent institutions. At the time of the military arrest of Judge Abdulla Mohamed on Nasheed's orders, MP Ali Waheed had called the independent Prosecutor General and the independent Human Rights Commission of Maldives for interrogation by the Committee due to the PG and HRCM's public condemnation of the arrest as unconstitutional and illegal. Media reports at the time also report MP Ali Waheed and other MDP MPs obstructing questioning of the military on the same issue.

Former President Nasheed is reportedly currently held at Dhoonidhoo Island, in readiness for presentation at court tomorrow at 4 pm. Unconfirmed reports say that two MDP MPs have been allowed to stay with him, and that his wife and child are enroute to Dhoonidhoo to stay with him.

#Maldives: #MDP led-Parliamentary Subcommittee summons Judges on Nasheed's criminal case

2012-10-08T22:44:00.000+05:00

#Maldives: Following ex-President Mohamed Nasheed's arrest, the Parliamentary Subcommittee on Government has summoned the three majistrates concerned to appear before it tomorrow at 3.45 pm. Nasheed's trial hearing is scheduled for 4 pm. Nasheed's party, Maldivian Democratic Party (MDP) holds a majority on the Parliamentary Subcommittee which is headeed by an MDP MP Ali Waheed (MP for Thoddoo constituency).

Nasheed's arrest today was in conjunction by an arrest warrant issued by the court in conjunction with his non-appearance in court in the criminal case brought against him by the country's independent Prosecutor General Ahmed Muizzu. The charges are raised for the military arrest and detention of a judge upon Nasheed's orders while he was President of the country. Nasheed had violated two court orders in the case and departed on campiagn publicly declaring that the court was illegal and that he would not obey any summons by it.

MP Ali Waheed has told media that the summons for the three Majistrates on the bench for Nasheed's trial were summoned in an investigation into the report by the Commission on National Inquiry (CoNI). The CoNI, an internationally accepted commission, was entrusted to investigate the issues around and leading to the resignation of former President Nasheed.

The decision for the summons was taken at a sudden closed meeting of the Parliamentary Subcommittee which met at a time that a vote was being called on the Parliament floor. MPs supporting the current government allege that the Committee meeting was timed so that they could not participate.

The Consul General of the Parliament Fathimath Filza told media today that, even though the decision to summon the three judges had been taken by the subcommittee, the summons could only be issued by the Speaker. She added that Speaker of Majlis Abdulla Shahid had not yet received the decision of the subcommitte and hence had not yet taken a decision on the matter. She said that the Parliament would issue a press release tonight after the Speaker's decision on the issue.

The Constitution of the Maldives states "No officials performing public functions, or any other persons, shall interfere with and influence the functions of the courts" (Article 141 (c)). It remains to be seen whether this Article will apply to the attempt by the MDP to intimidate the judges in Nasheed's criminal trial.

In the meantime, Nasheed's lawyers have submitted appeals to the Criminal Court that Nasheed's arrest was illegal. Days before, the same legal team gave a press conference in which they announced that they did not recognize any court in the Maldives as legal or valid, and hence would not appear before any court nor act upon any summons by any court in the Maldives. However, the same legal team led by former Youth Minister Hassan Latheef today appeared before the Civil Court in the civil case brought against Nasheed by current Defence Minister Nazim.

Media report that Nasheed has been lodged at Dhoonidhoo Island by the Maldives Police Service.

#Maldives: Arrest of ex-President Nasheed: Legal and just? Or politically motivated and unjust?

2012-10-08T18:02:00.002+05:00

#Maldives: The police arrest of former President Mohamed Nasheed this morning shocked the populace of this tiny nation, as it did those interested parties outside the country. The news spread through local and international media like wildfire. Nasheed was arrested this morning by Maldives Police Service while he was campaigning in the southern island of Fares-Maathoda. MPS say the arrest was in response to a court order, ordering MPS to produce Nasheed before court tomorrow to face criminal charges lodged by the country's independent Prosecutor General, for Nasheed's actions in the arrest and detention of the Chief Judge of the Criminal Court in January 2012. Nasheed's party, Maldivian Democratic Party, has called for nation-wide protests against the arrest. Nasheed and his supporters, local and international, allege that the case is "politically motivated" in an attempt to prevent him contesting the presidential elections in 2013.

The courts have three cases against Nasheed before them. Two cases before the civil court lodged by private individuals and one criminal case lodged by the Prosecutor General. Nasheed's arrest today was in relation to the criminal case.

The Prosecutor General has charged Nasheed and four others with crimes for the unlawful arrest and detention of Judge Abdulla Mohamed by the military under Nasheed's direct order as Commander-in-Chief. The Prosecutor General's case is built upon an investigation carried out by the Maldives Human Rights Commission, an independent commission appointed by the Parliament. The HRCM report, issued in August 2012, stated that Nasheed and the other four charged had, in varying degrees, been responsible for the arrest of the Judge. HRCM concluded that Nasheed was the "highest authority" culpable for the arrest of the Judge. At the time of arrest, the Prosecutor General, the HRCM, Judiciary, Judicial Services Commission, Lawyers' Association and even international legal unions condemned the arrest as illegal and unconstitutional. Leaked audios of various events at the time of arrest include Nasheed stating that he had indeed ordered the Judge's arrest and that he ordered thus because the Judge was corrupt.

There is no dispute, even from Nasheed or his legal team to the present day, that Judge Abdulla was arrested upon Nasheed's orders. The legal merits of the case, that is, whether Nasheed is guilty of a crime or not in the arrest of Judge Abdulla can only be decided by the court, something that the Prosecutor General is attempting to do. At the time of arrest, the Prosecutor General Ahmed Muizzu had told media that there can be no legal basis for the military arrest and indeterminate incarceration of any individual and that he would see the persons responsible brought to justice.

For Nasheed's arrest today, the MPS went armed with an arrest warrant from the court. Days before, the MPS had rejected a prior court order to produce Nasheed before the court, stating that MPS could not force an individual to appear before court unless it was accompanied by an arrest order in accordance with the law and implementing regulations. In response, the court yesterday issued a court order to MPS for the arrest of Nasheed and to produce Nasheed before court for the trial hearing scheduled for October 9th at 4pm Maldivian time.

The court order to MPS was issued yesterday, after Nasheed last week violated two court orders in relation to the trial. The first was an order to Nasheed to remain within the court's jurisdiction for the scheduled date of the trial. This is a standard practice against all, without discrimination, where there is risk that the defendant may not appear before the court. Legal experts report that under Islamic Shari'a, a criminal case cannot be carried out against an individual in absentia. Physical presence of the defendant is required at the hearing. A legal representative cannot act as an alternative to the defendant's presence. This is reportedly also enshrined in Maldivian criminal court regulations. Hence, according to legal experts, the trial cannot even begin in Nasheed's absence even if his legal team is present.

Ordering MPS to produce defendants before the court is standard practice and not discriminatory practice according to the court. This practice is followed when the defendant fails to attend trial hearings. The justification for the practice is that justice must be served for all parties, and that it is unjust for the proponent if a case were to be delayed indeterminately due to lack of attendance by the defendant.

Nasheed's second violation of a court order was his lack of appearance at the first hearing of the trial. Nasheed did not appear, neither did his legal team. Instead, Nasheed departed from the capital, Male', on a campaign trip organized to last two weeks. Nasheed's departure was telecast live on local media, which reported that Nasheed was departing in violation of a court order for him to remain on Male'.

In the days prior to the hearing Nasheed and his legal team had denounced the court as invalid and the case as politically motivated. His legal team told media that Nasheed would not attend the hearing for two reasons. The first reason was that Nasheed's party council had passed a motion that the party did not recognize the Judidicary as valid and hence would not oeby any orders by any court. It was argued that Nasheed, as Spiritual Leader of the party was the supreme head of the party and could not violate a decision by the party council. This position was later confirmed by Nasheed on local media.

The second reason given by Nasheed's legal team, and later confirmed on local media by Nasheed, was that the court at which the case had been lodged, Hulhumale' Court, was an invalid court created by the judicial administration in violation of the law. The Court had been created in Nasheed's term as President and had been functioning as a majistrate court up to today. All legal rulings by the court had been accepted by the Nasheed administration, the current administration, independent institutions such as the Prosecutor General and the public to date. In addition, the Supreme Court yesterday ruled that Hulhumale' Majistrate Court was a legally valid court, thus demolishing one legal pillar in the arguments raised by Nasheed's legal team.

On the charge of "political motivation", respected lawyer and MP for Kulhudhuffushi North Mohamed Nasheed has pointed out 10 legal points on the basis of which he concludes that there is littel room to conclude that the Prosecutor General's case against ex-President Nasheed is "politically motivated". These arguments were raised in Lawyer Nasheed's blog on October 2.

One of his key arguments is that, the criminal charges against Nasheed is not for an alleged political act, but for "illegal and unconstitutional acts" that Nasheed blatantly committed "in full view" and "on purpose".Secondly, Lawyer Nasheed points out, the prosecution is not by a current leader against a former leader on allegations raised by his administration.

Thirdly, in the criminal case against Nasheed, it is not a decision that can be taken by the current President whether to prosecute or not to prosecute, but rather a decision that can only be taken by the Prosecutor General under his mandate under the Constitution. Fourthly, the decision to prosecute has been taken by an independent body, the Prosecutor General, and that this decision is his alone under the Constitution.

Fifth, the PG can, under the Constitution, decide to prosecute even a President currently serving his/her term, and such decision can only be suspended until the end of term by the Parliament alone. A sixth reason given by Lawyer Nasheed is that the PG's decision to investigate the arrest of Judge Abdulla and to prosecute those responsible was taken and publicly announced within hours of the judge's arrest and that at the time Nasheed was the serving President.

Seventhly, Lawyer Nasheed notes that at the time that the PG took this decision the PG was not aware of which individuals were responsible for the crime, and hence his prosecution could not be seen as "politically motivated" against Nasheed as Nasheed nor any other responsible for the arrest were not even identified at the time.

The PG's request to the Human Rights Commission to investigate the arrest was issued within days of the arrest and that even then the ruling president was President Nasheed himself. Finally, the charges against Nasheed are based on the Human Rights Commission findings that Nasheed was culpable in the Judge's arrest.

As these legal arguments by a respected local lawyer and independent MP show, the case against former President Nasheed cannot be called "politically motivated" by any means. On the contrary, if the case is not pursued by the Prosecutor General, then the crime of illegally and unconstitutionally arresting Judge Abdulla Mohamed will go unpunished and justice will be denied to the judge. Further, should this criminal case against Nasheed be dropped by the PG just as he dropped a case of elections violations by Nasheed in 2008, then such act can be determined to be "politically motivated".

#Maldives: President Waheed secures major victory: Parliament Committee opens door for Government Bills

2012-10-08T06:36:00.000+05:00

#Maldives: President Mohamed Waheed Hassan's Government today secured a major victory in Parliament. The Parliamentary Committee on General Matters unanimously approved a motion to amend Parliamentary Regulations to allow Government bills to be tabled to Parliament by MPs belonging to Dr. Waheed's coalition partners.

Dr. Waheed's Government has been shackled in the Legislature due to the lack of even a single MP from his party Qaumee Itthihaadh. Parliamentary Regulations state that a Bill by Government can only be tabled by a member of the ruling President's Party. The amendment passed in Committee today states that a Government Bill can be tabled by an MP belonging to any of the parties in the ruling Coalition. The amendment will now go to the Parliamentary floor for a vote.

The ruling coalition has a nominal majority in Parliament and can pass the motion if all goes well. However, one of the major coalition partners in Govrnment in terms of MP numbers, Dhivehi Raiyyithunge Party (DRP), has in recent weeks been in vocal opposition to the Government on several matters. DRP leaders and MPs, including DRP Leader MP Ahmed Thasmeen Ali, have criticized government for its policies and lack of action on major economic issues. In return, the President's media group, including his Spokeperson Abbas Adil Riza, have attacked DRP Leader Thasmeen Ali on several issues. The critical divisive issue between the DRP and the coalition of parties in Dr. Waheed's National Unity Government apears to be the issue of continuation of the lease agreement for Male' International Airport between Indian multinational giant GMR and Government.

The amendment was proposed by MP Riyaz Rasheed of the Qaumee Party. Qaumee Party, formerly in coalition with DRP, has been vocally critical against DRP on public media, criticising its leaders for their stand on the "GMR issue". Riyaz Rasheed has called for DRP to be evicted from the coalition. Qaumee Party is seen to be now very closely aligned with Dr. Waheed's Qaumee Itthihad, fuelling speculation that its leader Dr. Hassan Saeed may be Dr. Waheed's running mate in the 2013 Presidential Elections. Dr. Saeed and Qaumee Party are crucial to any challenger for the presidential post given its strong voter base in Addu Atoll, the second largest voting population in the country. Dr. Saeed successfully swung away from incumbent Maumoon Abdul Gayoom a large percentage of the Addu vote in 2008, a substantial contribution to Gayoom's defeat by the opposing alliance.

If the amendment is passed in Parliament, it will remove the shackles on Dr. Waheed which have prevented the Government from tabling substantial legislation to address critical issues including those on social and economic matters.

#Maldives: September revenue collection 2% less than forecast, 48% of revenue comes from Tourism - MIRA

2012-10-07T09:38:00.002+05:00

#Maldives: September revenue collection is 2% less than forecast, announced Maldives Inland Revenue Authorty yesterday. In a fact sheet publicized yesterday, MIRA reported that revenue collection in Maldivian Rufiya for September totalled 6.6.3 million and 29.2 million in dollars. This was an increase of 16% over September 2011, but a decrease of 2% from the projected value.

Tourism land rent contributed 36.4% to total revenue, while Goods and Services Tax contributed 28.6%. Business Profit Tax contributed 12.3%, Tourism Tax 11.3% and Airport Service Charge 4.3%.

Over 50% of US dollar revenue was from Tourism Land Rent while Tourism Tax contributed 15.6%, thus making it 65.7% YS dollar revenu directly from the Tourism industry.

These figures is brings into sharp focus the high dependence of Maldives on the tourism industry, and industry now being threatened by former President Mohamed Nasheed and his friends overseas.Mohamed Nasheed has consistently carried out campaigns overseas to prevent tourism from visiting the Maldives. Prior to the election success of the opposition coalition in 2008 which installed him as President, Nasheed and his rich foreign benefactors ran a campaign led by an organization called Friends of Maldives. This organization is owned and led by Nasheed's college mate, a Christian missionary named David Hardingham. When he because president Nasheed rewarded Hardingham with the post of Honorary Consul for Salisbury.

Nasheed's first anti-Maldives Tourism campaign initially called for tourists to stop visiting Maldives alleging wide scale human rights abuse. Later, after the Asian Tsunami of 2004 which devastated Maldives and destroyed over 20% of tourism infrastructure, Nasheed ran a campaign calling on European countries not to give aid to Maldives for tsunami recovery. Coming at the crucial time that Maldivian people needed foreign aid, Nasheed's campaign hit hard in areas of housing and basic infrastructure and services for tsunami affected peoples.

The current campaign against Maldives Tourism is led by rich benefactors such as Virgin Air billionnaire Richard Branson and actor Edward Norton. The current campaign blindly ignores the internationally accepted and legitimate transfer of power from Nasheed to his elected Vice President Mohamed Waheed Hassan, and takes up the cause of their friend Nasheed, a corrupt leader who violated human rights and the constitution during his short term as President. Unfortunately for the Maldives people, they have nowhere the riches nor the type of resources and leverage with international media needed to fight such morally irresponsible attacks by the rich.

#Maldives: Courts versus Guilty Rulers - Stamping out the Dregs of Corruption in a Raped Democracy

2012-10-05T23:16:00.002+05:00

#Maldives: Corruption in governments lives on long after the corrupt leader is removed from office. Such is the state of Maldives, after its liberation on February 7th, 2012 from the corrupt administration led by former President Mohamed Nasheed. Even after the national liberation movement that removed the corrupt leader from office, powerful networks of loyalists are left in place that attempt to strangle the resurgence of the independent sovereign state. Eight months after Nasheed's resignation from office, Maldives is still struggling to rehabilitate the fledgling democracy that he raped together with his money hungry partners.

The corrupt leader rules through outright bribery, graft and corruption on a far larger scale than comprehensible to the ordinary citizen. The beneficiaries of the corrupt leader's largesse range from multinationals, rich playboys, international networks promoting private agendas, local businesses, party activists, drug dealers and local gangs. Such was the case with former President Nasheed, the man who raped the Maldives and proclaims that rape as consensual.

History shows that nothing about Nasheed's dictatorship was consensual, not even his ascension to power. Nasheed was soundly thrashed by the incumbent Maumoon Abdul Gayoom in the first round of the Presidential Elections in 2008. Gayoom's narrow defeat in the second round of the elections was not by Nasheed, but by a coalition of over nine parties, that included all the opposing candidates from the first round. The people's consent was given to this coalition of parties. not to Nasheed. They had rejected him in the first round.

History also shows that as soon as Nasheed took the reins of power, he immediately consolidated that power in his own hands. He did not honor his commitments to the coalition partners who put him in the President's seat. Instead, Nasheed immediately began the sale of national assets to multinationals sourced by his close aides and confidantes. Ministers representing other coalition parties were required to join Nasheed's party or face sacking from their cabinet posts. One by one, his coalition partners chose to come out in opposition, rather than be part of the rampant corruption led by Nasheed.

Corrupt leaders attempt to protect their rule by co-opting the pillars that protect citizens. So did Nasheed. Having taken over the Executive, Nasheed then bought out the Legislature. Riches from sale of national assets were used to buy Members of Parliament, swiftly purchasing a majority in Parliament. Privatization of state media was blocked and state media handed over to a family member to be used as a propaganda machine. Media Council and journalists associations were muzzled, and private media stations threatened with cancellation of licenses. Private newspapers were threatened with eviction from their offices which were on state land.The largest daily newspaper was bought out with hard cash, its new role to transmit Nasheed's propaganda to the remote areas unreachable by television networks.

Corrupt leaders uphold thir dictatorship through the use of force. Nasheed sacked senior officers of the security forces without reasonable cause and installed stooges sudeenly elevated from the middle ranks. The Maldives National Defence Force and the Maldives Police Service became his private army. These were supported by gangs of youngsters, funded through his Party and kept happy through unlimited supply of alcohol and drugs. Statistics show that the gang activity and gang rule in the capital and urban areas increased a thousand fold during Nasheed's short rule. Police statistics show that the numbers of gang members released from custody increased in huge numbers, under an exit path introduced by Nasheed called "Second Chance". Re-offending became the norm as gangs ran riot armed with an immunity guaranteed by the President himself.

Once nationals assets such as the country's international airport and telecommunications company had been sold to multinationals in return for payouts to himself and to finance his party, Nasheed moved onto co-opt local businesses and gangs. A saturated and struggling tourism industry saw new tourist resort leases handed out freely to Nasheed's family and friends. Over 400 uninhabited islands were given to family and party members with not even a pretense of public tender. Government contracts worth millions of dollars were handed out to party leaders and gangs. Over 900 government posts were created and filled by party activists, who in return had to pay a % of their salary to the party coffers. Nasheed hijacked investments by local communities into utility services such as power and water without paying a single cent in compensation. Over 60 new state companies were set up under various names, and over 1,000 jobs in these companies handed out to party activists as company executives and board members. Assets of existing national were sold off to family and friends of the President and his closest allies such as MP Mariya Didi. Eight months after Nasheed's resignation, the Anti-Corruption Commission is still swamped in investigating the "mega"-scale corruption shamelessly led by Nasheed.

The sole obstacle to consolidating Nasheed's dictatorship remained the Courts. The Supreme Justice, the Judicial Sevices Commission and individual judges refused to bow to intimidation or succumb to the lure of money. Time and again, the courts upheld citizen rights, protected the constitution and ordered redress for Nasheed's illegal and unconstitutional activities. The courts ordered the release of community assets illegally taken by Nasheed without compensation. The courts ordered the reinstatement of police and military officers sacked without due casue. The courts ordered the halt of sale of national assets without Parliamentary approval. The courts upheld parliementary independence from the executive. Sentences were passed on the corrupt and the guilty in criminal and corruption offenses.

Nasheed bowed to none of these. Instead, he continued the dictator's path of many a corrupt leader. He summoned the Chief Justice to military headquarters and intimidated loss of tenure if the Supreme Court bench passed rulings against his wishes. He locked up up the Supreme Court using military personnel and kept the Supreme Court bench out of office when they passed sentences that displeased him. He undermined the work of Judicial Services Commission when it refused to sack judges whom he alleged as corrupt. Nasheed then ran defamatory campaigns agains lead judges, ordered police and gang intimidation of judges, and finally, arrested and held under military confinement the Chief Judge of the Criminal Court.

It did not stop there. Even with one of their members in forced disappearance, the judges held firm against the corrupt leader. Nasheed threatened to withhold the judges salaries, to dissolve the Judiciary. The courts did not budge, forcing a deadlock in Nasheed's attempt to consolidate all powers in his hands. The vaccuum thus created provided the opportunity for the events of February 6th and 7th that led to Nasheed's voluntary resignation from the presidency.

Unfortunately for Nasheed, the arm of the law is long and it does not rest until justice is done. The courts continued to do their work, to hold trials and pass judgement on the cases before them, a slew of which are against Nasheed's family, friends and activists for corruption, misuse of power, graft, bribery, theft, arson, vandalism and the list goes on. Nasheed himself is on trial, charged by the country's independent Prosecutor General for the arrest of the judge.

Nasheed's response has been the same as many a corrupt and guilty ruler, to blame the courts as "politically motivated". History is strewn with exampls of guilty rulers who sought to escape justice by blaming the courts. They seek to escape justice by hiding behind their politican's screen, charging the judges as being politically biased.

Witness Italy's three time Prime Minister Silvio Berlusconi, a man dogged by the law for his use of Mafia connections and corrupt deals. Berlusconi sought to escape justice by attacking the judges. He alleged that the courts tried to subvert his government with unfounded accusations. The Judicairy, he told Reuters (June 25, 2008) was a "cancerous growth". Berlusconi, escaped justice on many counts by using his Parliamentary majority to grant him absolute immunity and to shorten the time limit in which courts could try certain offences. The BBC in 1998 (July 8) reported that Berlusconi was sentenced several times, but escaped by using the immunity law as a shield till October 2009. In October 2009, Italy's Constitutional Court finally lifted the immunity amids vociferous public outcry for justice.

Witness Thailand's former Prime Minister Thaksin Shinawatra. Thaksin denounced the Thai Judiciary as "politically motivated" after the Thai Supreme Court found him guilty of conflict of interest in land purchase in Bangkok and sentenced him in absentia in October 2008 to two years imprisonment. Both the New York Times and Reuters quoted him as saying that the case is politically motivated. The NYT quotes him as saying, “The case is politically motivated and you know what politics in Thailand is like.” (NYT, October 21, 2008).

WitnessPhilippines former President Joseph Estrada. Estrada was sentenced by court in September 2007 for plundering USD 86 million in graft. Estrada claimed that the trial was unfair, and repeatedly maintained that the judgement against him was a product of political manipulation.

Witness former Tunisian President Zine El Abidine Ben Ali. On June 20, 2011, Ben Ali and his wife Laila Ali were found guilty of theft and unlawful possessopn of cash and jewellery. Both were sentenced in absentia to 35 years in prison, and fined 45.5 million euros. Ben Ali was earlier sentenced in absentia to 20 years imprisonment, the conviction being for inciting violence and murder. Ben Ali told AFP (June 21, 2011) that the Tunis court "delivered a seentence that is judicially insane but politically apportune". He called the conviction a "parody of justice" and "political liquidation".

These same leading papers now quote the same mantra from former President Nasheed. Reuters, AFP, the New York Times, the Guardian have all provided former President Nasheed with the international platform and exposure to re-enact the play acted out by many a guilty ruler, that is, to denounce his country's Judiciary as "politically motivated". Nasheed has gone one step further than most corrupt rulers, he has also denounced the validity of the courts and refused to submit to any court order. Powerful international friends have stepped up their lobby to halt the trial of the man who raped an infant democracy. An MP who served as Vice President of the Judicial Services Commission has been brutally murdered, strong evidence points to four activists of Nasheed's party. In spite of this international pressure and local intimidation, the courts, the country's independent Prosecutor General and the independent Human Rights Commission continue to demonstrate their independence as they move inexorably forward with Nasheed's trial for human rights abuse. The scene is now set for the Courts versus a Corrupt Leader, as they attempt to stamp out corruption and abuse of power in the Maldives.

#Maldives: MP murdered by gangs paid by ex-President Nasheed's party MDP - Social Media

2012-10-05T08:28:00.000+05:00

#Maldives: Fresh reports on social media state that Mariyam Naifa, a senior MDP activist, paid three gang members to murder MP Dr. Afraasheem Ali. All four arrested are front line members of former President Nasheed's party, Maldivian Democratic Party (MDP). Dr. Afraasheem has been the target of former President Nasheed and his party leaders while serving as Vice President of the Judicial Services Commission (JSC). Days before his murder, Nasheed launched a book by a close friend and MDP Activist Aishath Velezinee which denounces Dr. Afraasheem as deliberately obstructing justice, subverting the Judiciary, and undermining the Constitution. Nasheed is currently running from the law, refusing to appear before the court in a human rights case brought against him by the country's independent Prosecutor General. Dr. Afraasheem belonged to the party headed by former President Maumoon Abdul Gayoom, Progressive Party of Maldives. He was found violently hacked to death a few days ago, lying in a pool of blood in his home compound. Part of his scalp had been separated from his head by the violence of the attack.

Social media report that the killing blows were delivered by a gang member called Humam. MDP activist Naifa (pic), a close friend of Nasheed's cousin MDP MP Eva Abdulla, paid the murderers (pic) a large sum of money that same night. Eye witnesses report that Naifa threw her phone into the sea at time of police arrest in connection with murder of PPM MP Dr. Afraasheem. At the time she was sitting at Dolphin Cafe' (Henveyru) with MDP lawyer Ahmed Abdulla Afeef (pic). Afeef attempted to prevent the arrest, and then to get her released immediately. He claimed that he was her lawyer. Social media commentators speculate that Afeef was present because MDP was aware that Naifa's arrest was imminent.

Hours before, the first suspect, an individual called Humam, a member of MDP Interim President Reeko Moosa Maniku's "security" gang, had been arrested with blood on his hands and clothes, hiding in a bedroom of a home nearby the victim's. Blood stained tissues had been found on the road leading to the house. Humam's phone reportedly carried a message from him reporting that the job was done, and a reply reporting that cash had been received. Humam is said to be very close to Reeko Moosa Maniku, functioning as both a personal security guard and coordinator of attacks on rival politicians and attacks on police during MDP riots. Humam is also reported to led the attack on VTV earlier this year.

Humam, and second detainee Ali Hashim, are said to be members of a knife wielding gang in Male' called Kuda Henveyru Gang. Within minutes of the discovery of Dr. Afraasheem's body, members of other gangs had been informed that the contract had been carried out by Humam.The word was immediately out in the gang networks to stay away from Humam and Smith who had gone into hiding. Members of another gang, present by coincidence near a park adjacent to the block containing the victim's house, report urgent calls from members of Kuda Henveyru gang to report eye witness accounts of the dead body as it was carried out by the police. The request was reportedly for confirmation that Dr. Afraasheem was dead.

Social media chat (pic) between the girlfriend of Ali Hashim (gang name SMITH) shows her telling a friend that "Smith" was acting wierd that night. She said that "Smith" was "missing that nyt" and that his phone was switched off for a long time. Later "Smith" reappeared, acting "wierd" and very "proud", according to his girlfriend. He had proudly told his girlfriend that they would have no more money worries. "Smith" was a frontline activist of MDP, bearing the MDP flag in its riots on Male' streets. Smith himself is reported to provide personal security to MDP Interim President Reeko Moosa Maniku. Reeko Moosa Maniku is well known to the public for repeatedly calling for the death of former President Maumoon Abdul Gayoom and his family. He also has a reputation for calling for the death of various political opponents, during his speeches at party rallies.

The fourth individual is reported on social media to be called Shahin. It is not known whether he too was a member of the Kuda Henveryru gang.

Maldives Police have not confirmed the identity of any of the four persons arrested nor any details of the murder or the details of thee involvement of the four detainees.

An audio was released by police earlier this year, in which former President Nasheed instructs MDP MP Mariya Didi to find a gang of youth who would attack police, in retaliation for police crackdown on MDP illegal activities on the South side of Male'.

In addition to the murdered Dr. Afraasheem, Aishath Velezinee's vitriolic attack on the Judicial Services Commission and the Judiciary names Speaker of Parliament Abdulla Shahid and the former president of the JSC ex-Justice Mujthaz Fahmy as "traitors" to the country who "carried out the biggest traitorous act in the history of the country". The contents of the book have been widely circulated through social media and through Minivan News, a newspaper owned by Nasheed's college friend Christian missionary David Hardingham.

Nasheed and MDP have declared the Judiciary defunct and publicly announced that they would not abide by any orders by the Judiciary. Nasheed has violated two court orders already, by not appearing for the first hearing of the human rights case against him for the unlawful arrest of Judge Abdulla Mohamed and by leaving the court's jurisdiction while the trial was scheduled.

In the aftermath of the brutal murder of Dr. Afraasheem, several politicans previously vocal against Nasheed and his party, have refused to appear on public media. Several did not even attend the funeral prayers for Dr. Afraasheem, reportedly because of death threats against them. Some others appear in public surrounded by private "security".

A research report released today on a Rapid Assessment of Gangs in Maldives highlighted that gang members reported that they were being paid as much as one million Rufiya by politicians for killing a political target. The gang leader would be contacted the client and a file on the target be handed to the gang leader with instructions to kill and the offer of a large sum of money. Exact amounts received would be known only to the gang leader, it was reported. The study was conducted by a team of psychologists, funded by the Asia Foundation.

#Maldives: Murder of MP: Vigilante sentence carried out by opposition party MDP for alleged “traitorous” acts?

2012-10-03T20:52:00.000+05:00

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#Maldives Police today arrested four persons in relation to the brutal murder of MP and moderate Muslim scholar Dr. Afrasheem Ali. One of the individuals arrested was Mariyam Naifa, a leading activist of ex-President Nasheed’s party, Maldives Democratic Party. Unconfirmed reports in social media state identify a second individual amongst the arrested four to be a member of a gang providing “security” to MDP Interim President “Reeko” Moosa Maniku. A book launched by Nasheed on 10^th September repeatedly attacks Dr. Afrasheem, former Vice President of the Judicial Services Commision (JSC) at the time the majority of the present Judiciary was sworn in, calling him a “traitor” who allegedly subverted the Judiciary. Dr. Afrasheem’s murder comes within hours of Nasheed’s refusal to appear before court in a human rights abuse case against him. Nasheed refused to obey the court, denouncing the Judiciary as political and not to be obeyed. Nasheed, holding a lifetime position as the Spiritual Leader of the MDP, enjoys a cult-like following amongst his party faithful.

Unconfirmed reports state that the individual identified as MDP MP Moosa Maniku's security was found hiding in a house nearby the victim’s, with his blood on his hands and clothes. This was reportedly the first arrest, made within hours of discovery of Dr. Afrasheem’s body.

Police have not commented on the identity of any of the four individuals arrested in the case. MDP confirmed in social media today that its activist Naifa had been arrested by Police last night in connection with Dr. Afrasheem’s murder. MDP lawyer Ahmed Abdulla Afeef has confirmed to media Naifa's arrest and stated that he was going to represent her in the case. Afeef himself has appeared on MDP TV channel condemning the Judiciary and JSC.

The contents of the book “The Failed Silent Coup”, a virulent and defamatory narrative by Nasheed’s representative on the JSC Aishath Velezinee, have been widely circulated by MDP in social media, Minivan News (a newspaper owned by David Hardingham, Nasheed's college friend), MDP media channel Raajje TV, on the internet, public handouts and public speeches. In addition, Velezinee has also tweeted and blogged hate speech against Dr. Afrasheem and some other members of the JSC then and now. Two other key individuals attacked in her “book” are the Speaker of Parliament Abdulla Shahid and the former Interim Supreme Court Justice and former President of JSC, Mujuthaz Fahmy.

Velezinee’s publication is just one component of unsubstantiated hate speech distributed by Nasheed and his party in their war against the country’s Judiciary and the Judicial Services Commission (JSC). During his term of office and even after his resignation, key members of the party including Nasheed’s family members faced several court cases for corruption and illegal activities. Nasheed himself is presently facing three cases in court, one of which is a human rights abuse case brought against him by the Prosecutor General for the unlawful military arrest of Chief Judge Abdullah Mohamed. Following a court summons to Nasheed to appear in court for the first hearing, his party’s governing council passed a motion that the party would not respect any order by the Judiciary until it was reformed. Nasheed then announced that, as member of the party, he would respect his party’s decision, thus imposing an obligation on the party’s general membership to follow the party ruling.

Subsequent to this, age-old allegations against the Judiciary and members of the Judicial Services Commission were again circulated to the general membership via social media, internet and television networks. That same day, Nasheed departed from the court’s jurisdiction in a publicly televised event, stating that he did not recognize the Judiciary as a legal entity and hence did not have to obey its orders. Dr. Afrasheem Ali was found murdered that same night.

Nasheed’s newspaper Minivan News has sought to portray Dr. Afrasheem’s murder as a religious killing, alluding to Dr. Afrasheem’s vocal stand against religious extremism. It has published comments on its internet site which have stated what the comment’s author claims to be details of a contract to kill Dr. Afrasheem and 11 others. However, Minivan News has not substantiated its slant on the murder.

Dr. Afrasheem was brutally attacked from behind as he entered his home late night after a live television broadcast. He had suffered fatal injuries to the head, body and limbs. His body was discovered by his wife lying inside the house compound in a pool of blood. Police have not yet revealed the details of the murder. Dr. Afrasheem, a Muslim scholar and respected teacher had a substantial following in the country for his moderate views on Islam. His brutal murder sent shockwaves through the country yesterday, with nationwide outpouring of grief and calls for justice broadcast on public media.

Dr. Afrasheem belongs to the Progressive Party of Maldives (PPM), the party of former President Maumoon Abdul Gayoom, a political opponent reviled by Nasheed. In the last months of Gayoom’s presidency, an attempt was made to kill him during an official visit to Hoarafushi island. The attacker was stopped by a student scout. The young lad suffered injuries to the hand with which he grabbed the knife as the attacker tried to stab Gayoom. Gayoom escaped with a superficial cut to his abdomen. The man, identified as belonging to MDP, was apprehended by police at the scene.

Dr. Afrasheem’s family revealed to media that the fatal attack on a beloved son and father was the last in a series of physical attacks on him. Various death threats had also been made against him. Fellow Parliamentarians today revealed that Dr. Afrasheem’s murder occurred while his police security had been withdrawn, the reasons for which were unknown to them. Police Commissioner Abdulla Riyaz has been summoned to appear before the Parliamentary Subcommitte on National Security to answer questions related to the withdrawal of police protection from Dr. Afrasheem and other politicians.

Dr. Afrasheem’s murder together with Nasheed’s coordinated attacks on the Judiciary and sitting judges throws the country’s political and justice system into a turmoil that the country can well do without in this period of economic recession. The economic difficulties are further exacerbated by an anti-Maldives tourism campaign headed by Nasheed’s rich and powerful Western friends such as Richard Branson and Actor Ed Norton. Yesterday they launched a fresh campaign in the name of democracy and calling for early elections despite the fact that Nasheed’s resignation from the presidency has been shown under international scrutiny to be of his own free will and without illegal coercion.