Maldives High Court declares Thimarafushi parliamentary vote invalid; orders fresh vote
In a landmark case, Ghassan Maumoon, the Dhivehi Raiyyithunge Party candidate for Thaa Thimarafushi, has successfully won an appeal to invalidate the Thimarafushi parliamentary vote. On June 11, the Maldives High Court declared that the parliamentary elections in Thimarafushi had not taken place in a free and fair environment. It found that several conditions of voting in Thimarafushi were in direct violation of the law, and that voting in Thimarafushi had taken place in a climate of terror and intimidation. The court ordered the Maldives Elections Commission to take a fresh vote for both ballot boxes in the constituency. Ghassan Maumoon’s appeal stated that, voting on Thimarafushi island took place under intimidation, threat and violence by supporters of Maldivian Democratic Party candidate, Thimarafushi Musthafa.
The High Court ordered the EC to ensure within 20 days that the island had a peaceful environment within which free and fair elections could be held as under Article 70 of the Maldives Constitution. It further ordered the EC to take a fresh vote within 30 days from the date of the court order. It also ordered the Maldives Security Forces, the police and the army, to assist the EC should it request assistance. The High Court ordered that the fresh vote should be taken under the observation and monitoring of the Maldives Human Rights Commission and international observers.
The decision by the High Court invalidates the EC’s decision that the MDP candidate Thimarafushi Musthafa had won the Thimarafushi seat. In the provisional results announced by the Commission for Thimarafushi, MDP candidate Musthafa lead DRP candidate Ghassan Maumoon by about 100 votes. It had required a High Court stay order to bar the EC from announcing this result. Although mountains of evidence were presented to the contrary, Deputy Commissioner of the EC Hussain Siraj has continued to adamantly contest Ghassan Maumoon’s case, asserting that no irregularities had taken place on that day, and that the vote and vote results were valid. Hussain Siraj is one of the lead lawyers of President Mohamed Nasheed’s MDP.
However, in delivering the court decision the High Court Judge Ali Hameed declared that evidence from the reports and depositions of the Maldives Human Rights Comission, the review panel of the Elections Commission, independent elections monitor Transparency Maldives and the IDP clearly showed that voting on Thimarafushi did not take place in a peaceful environment, but one which the rule of law was repeatedly violated. Evidence cited by the court included elderly being forced to vote, arson attack on a vessel belonging to a Ghassan Maumoon supporter, vandalism of Ghasssan Maumoon’s campaign office on the island, and actions by the Maldives Democratic Party to influence voters.
Concrete evidence was presented that the MDP candidate Musthafa’s supporters hijacked the ballot boxes twice during the voting process by rushing the voting area and forcing elections officials and Ghassan’s observers out of the area. After a lengthy delay during which the ballot box was in the hands of Musthafa’s supporters, ballot counting proceeded under police supervision. Ghassan’s observers were also prevented from attending the ballot counting. In addition, when the ballot box was sealed after counting, some ballots had been left outside the box. Other reports also validate those elections officials responsible for the election administration in the constituency refused to accept the Thimarafushi ballot box because the seal was broken when it reached them.
The High Court decision on Thimarafushi today brings into the foreground several other cases in which candidates have challenged that voting in their constituencies took place in violation of the law. These include the case of independent candidate Ahmed Shareef in the Lhaviyani Hinnavaru parliamentary vote, and that of Marz Saleem, DRP candidate for Hulhuhenveryru. In both cases, several violations of the law such as double voting, voting by minors, fear and intimidation of citizens and campaigning on voting day by the MDP candidate have been cited.
The High Court verdict of June 11th went against Maldives President Nasheed’s top financier, Thimarafushi Musthafa. Musthafa, a close friend and ally of President Nasheed, is a well known gang lord and loan shark, who heavily funds the MDP. President Nasheed’s MDP had in fact threatened the Judiciary with violence and unrest should the court decision not be in MDP’s favour. Speaking as an MDP rally on June 4th, MDP Parliamentary Group leader Reeko Moosa Maniku warned the High Court there would be civil unrest if the court ruling went against the MDP candidate. The warning was delivered in the midst of spate of attacks on opposition leaders and Ghassan supporters in Thimarafushi. The family home of a key witness for Ghassan Maumoon was torched by the MDP on the day of her deposition in court.
The High Court decision also throws into the spotlight the issue of missing ballot papers and falsified vote results sheets. At the court hearings on Ghassan Maumoon’s case, presiding Judge Ali Hameed specifically questioned the Elections Commission on irregularities in signatures on the elections results sheet, irregularities in the handover process of the ballot box to Elections Commission officials and on the issue of 115 ballot papers that were missing from the box. Upon close questioning, Deputy Elections Commissioner Hussain Siraj admitted that the ballot results sheet was falsified and that 155 ballot papers missing from the ballot box had disappeared before the ballot box had reached the Commission. The Elections Commissions had previously in court admitted violation of regulations on several issues in the case.
The issue of falsified results sheets has dogged the EC even at the time of the 2008 presidential elections. At that time, President Nasheed’s cousin by marriage Saabe was Deputy Commissioner of the EC. Commissioner Shahid, a top official in the MDP, resigned just prior to the elections saying that his wife, President Nasheed’s cousin Eva Abdulla, was contesting the parliamentary elections as an MDP candidate. However, in the days of vote counting and preparation of final results by the EC, ex-Commisioner Shahid was known to have accessed the vote data sheets. He was removed from the EC premises by police after public protested of illegal entry and illegal access to elections data by Shahid.
The High Court verdict declared that it is the mandate of the EC to ensure that electoral voting took place in a free and fair environment, one that was free from fear, intimidation, fighting and corruption, and in which every citizen could freely exercise their constitutional right to vote. It said that that it is a right of citizens to have such an environment, a right that could not be abrogated except in accordance with Article 16 of the Constitution.
The burning question is whether the EC will even try and ensure free and fair elections in the second round of voting in Thimarafushi. It has to be noted that, even though concrete evidence has been presented in court and in the public domain, the EC has so far failed to pursue legal action against any of the people who committed illegal acts during voting on the island that day. Similarly, the Prosecutor General also has shown extreme zealousness in pursing certain cases sent by the EC, while deferring others. A case in point is the case of the PG deciding to pursue legal action against Thoddoo MP Ali Waheed, while arbitrarily deciding to drop the same charges against the then presidential candidate Mohamed Nasheed.
There also remains the question of whether the Maldives Police Service can indeed provide support to ensure peaceful and free voting conditions. In the past month, the police, led by President Nasheed’s appointee Ahmed Faseeh, have shown a remarkable willingness to be used as a tool in Nasheed’s persecution of opposition leaders.
Much also depends on the independence and vigilance of the Maldives Human Rights Commission. Sadly, to date, the HRC appears to have cowed into silence by President Nasheed even as he continues to trample upon citizen rights day in day out.
The High Court ordered the EC to ensure within 20 days that the island had a peaceful environment within which free and fair elections could be held as under Article 70 of the Maldives Constitution. It further ordered the EC to take a fresh vote within 30 days from the date of the court order. It also ordered the Maldives Security Forces, the police and the army, to assist the EC should it request assistance. The High Court ordered that the fresh vote should be taken under the observation and monitoring of the Maldives Human Rights Commission and international observers.
The decision by the High Court invalidates the EC’s decision that the MDP candidate Thimarafushi Musthafa had won the Thimarafushi seat. In the provisional results announced by the Commission for Thimarafushi, MDP candidate Musthafa lead DRP candidate Ghassan Maumoon by about 100 votes. It had required a High Court stay order to bar the EC from announcing this result. Although mountains of evidence were presented to the contrary, Deputy Commissioner of the EC Hussain Siraj has continued to adamantly contest Ghassan Maumoon’s case, asserting that no irregularities had taken place on that day, and that the vote and vote results were valid. Hussain Siraj is one of the lead lawyers of President Mohamed Nasheed’s MDP.
However, in delivering the court decision the High Court Judge Ali Hameed declared that evidence from the reports and depositions of the Maldives Human Rights Comission, the review panel of the Elections Commission, independent elections monitor Transparency Maldives and the IDP clearly showed that voting on Thimarafushi did not take place in a peaceful environment, but one which the rule of law was repeatedly violated. Evidence cited by the court included elderly being forced to vote, arson attack on a vessel belonging to a Ghassan Maumoon supporter, vandalism of Ghasssan Maumoon’s campaign office on the island, and actions by the Maldives Democratic Party to influence voters.
Concrete evidence was presented that the MDP candidate Musthafa’s supporters hijacked the ballot boxes twice during the voting process by rushing the voting area and forcing elections officials and Ghassan’s observers out of the area. After a lengthy delay during which the ballot box was in the hands of Musthafa’s supporters, ballot counting proceeded under police supervision. Ghassan’s observers were also prevented from attending the ballot counting. In addition, when the ballot box was sealed after counting, some ballots had been left outside the box. Other reports also validate those elections officials responsible for the election administration in the constituency refused to accept the Thimarafushi ballot box because the seal was broken when it reached them.
The High Court decision on Thimarafushi today brings into the foreground several other cases in which candidates have challenged that voting in their constituencies took place in violation of the law. These include the case of independent candidate Ahmed Shareef in the Lhaviyani Hinnavaru parliamentary vote, and that of Marz Saleem, DRP candidate for Hulhuhenveryru. In both cases, several violations of the law such as double voting, voting by minors, fear and intimidation of citizens and campaigning on voting day by the MDP candidate have been cited.
The High Court verdict of June 11th went against Maldives President Nasheed’s top financier, Thimarafushi Musthafa. Musthafa, a close friend and ally of President Nasheed, is a well known gang lord and loan shark, who heavily funds the MDP. President Nasheed’s MDP had in fact threatened the Judiciary with violence and unrest should the court decision not be in MDP’s favour. Speaking as an MDP rally on June 4th, MDP Parliamentary Group leader Reeko Moosa Maniku warned the High Court there would be civil unrest if the court ruling went against the MDP candidate. The warning was delivered in the midst of spate of attacks on opposition leaders and Ghassan supporters in Thimarafushi. The family home of a key witness for Ghassan Maumoon was torched by the MDP on the day of her deposition in court.
The High Court decision also throws into the spotlight the issue of missing ballot papers and falsified vote results sheets. At the court hearings on Ghassan Maumoon’s case, presiding Judge Ali Hameed specifically questioned the Elections Commission on irregularities in signatures on the elections results sheet, irregularities in the handover process of the ballot box to Elections Commission officials and on the issue of 115 ballot papers that were missing from the box. Upon close questioning, Deputy Elections Commissioner Hussain Siraj admitted that the ballot results sheet was falsified and that 155 ballot papers missing from the ballot box had disappeared before the ballot box had reached the Commission. The Elections Commissions had previously in court admitted violation of regulations on several issues in the case.
The issue of falsified results sheets has dogged the EC even at the time of the 2008 presidential elections. At that time, President Nasheed’s cousin by marriage Saabe was Deputy Commissioner of the EC. Commissioner Shahid, a top official in the MDP, resigned just prior to the elections saying that his wife, President Nasheed’s cousin Eva Abdulla, was contesting the parliamentary elections as an MDP candidate. However, in the days of vote counting and preparation of final results by the EC, ex-Commisioner Shahid was known to have accessed the vote data sheets. He was removed from the EC premises by police after public protested of illegal entry and illegal access to elections data by Shahid.
The High Court verdict declared that it is the mandate of the EC to ensure that electoral voting took place in a free and fair environment, one that was free from fear, intimidation, fighting and corruption, and in which every citizen could freely exercise their constitutional right to vote. It said that that it is a right of citizens to have such an environment, a right that could not be abrogated except in accordance with Article 16 of the Constitution.
The burning question is whether the EC will even try and ensure free and fair elections in the second round of voting in Thimarafushi. It has to be noted that, even though concrete evidence has been presented in court and in the public domain, the EC has so far failed to pursue legal action against any of the people who committed illegal acts during voting on the island that day. Similarly, the Prosecutor General also has shown extreme zealousness in pursing certain cases sent by the EC, while deferring others. A case in point is the case of the PG deciding to pursue legal action against Thoddoo MP Ali Waheed, while arbitrarily deciding to drop the same charges against the then presidential candidate Mohamed Nasheed.
There also remains the question of whether the Maldives Police Service can indeed provide support to ensure peaceful and free voting conditions. In the past month, the police, led by President Nasheed’s appointee Ahmed Faseeh, have shown a remarkable willingness to be used as a tool in Nasheed’s persecution of opposition leaders.
Much also depends on the independence and vigilance of the Maldives Human Rights Commission. Sadly, to date, the HRC appears to have cowed into silence by President Nasheed even as he continues to trample upon citizen rights day in day out.
June 12, 2009 4:13 PM
Fantastic article, RN team! Well-deserved kudos to the High Court for resisting the politics of blackmail and terror practised by President Nasheed and his henchmen! Both this article, and especially the resounding High Court judgment against the Elections Commission, have finally shown the world the true colours of President Nasheed and his party. Shame on the supposedly independent institutions like HRCM, Elections Commission, Prosecutor General and the Maldives Police Service for knuckling under President Nasheed's threats and gross abuse of power. If you can't stand the heat, get out of the kitchen!! Why don't you face up to your consciences and resign, the lot of you? There will always be capable and brave Maldivians ready to defend the rights and freedoms of ALL Maldivians, not just those of Anni and his family!
June 12, 2009 4:32 PM
Yea, great job RN. Most impressive, the Honourable Justices of the High Court! Maldivians are proud of you. Just thinking aloud, what are the odds that pretty soon the President's secret police will come knocking on the doors of the High Court?
June 12, 2009 5:40 PM
Gassan ah maruhaba! Shakkeh neiy, mihaaruves Ganja Force thibeynee fandiyaarunnah faaralaan. Dhen fennannee ebeyfulhun hayyarukuraathan kanneyge!
June 12, 2009 5:56 PM
MDP Parliamentary Group Leader Reeko Moosa had publicly threatened to take MDP into civil unrest if a court ruling was given against MDP and their candidate Musthafa. Well... the Court has ruled against them. Where are all the threats now? I have a piece of advise to Moosa.
" Moosa, you smelly drop of liquid shit.... Give up politics and try something you can do".
June 12, 2009 6:00 PM
This just in. Police are dispatching a 3-man investigation team headed by Jabir's brother-in-law Staff Sgt Ahmed Hussain to Thimarafushi. MNDF preparing to send a large force of MDP-aligned personnel to Thimarafushi, ostensibly as "security reserve" but actually to help in the campaign of terror for Mustafa.
June 12, 2009 7:07 PM
At last! When push came to shove, the High Court has thrown its weight behind the people. Yes, we may see, nay expect, harsh reprisals against these guardians of justice from the Nasheed regime, but this much is clear: unless the regime and its Gestapolice use the harshest of tactics against them, the judiciary will not become a willing tool of the proponents of the politics of hate and terror.
June 12, 2009 7:35 PM
The Judiciary has shown exemplary independence. We salute you, Judges of the Maldives. Indeed, you will be threatened by Anni, Moosa Jaleel, Roy, Faseehu and of course Reekokko and Little Sappalhey through force, terror, abuse and slander. Keep your guard, be alert but never bow down to injustice. Marhabaa Ghassan, you gave the chance for the judiciary to stand up to threats!
June 12, 2009 8:36 PM
what would you write if the court order was not in favor of you? If the judge didn't accept a million from Yameen?
June 12, 2009 9:28 PM
Ho ho ho, was that a million in Monopoly money? Or from the "bank statement" prepared by Moakulhi Sappalhey using CorelDraw? Grow up, and do learn that you can fool all of the people some of the time, and some of the people all of the time, but you can't fool all of the people all of the time!
June 12, 2009 9:32 PM
8.36,
You're hilarious! Suddenly when the court decides against you, it's because of bribes, isn't it? It simply can't be because, oh I don't know, your saadhaakoh baindhaa candidate broke the law?? What a sore loser! Come on, poor baby, don't cry. You're getting another chance to intimidate the Thimarafushi people, only do it right this time, and try not to get caught!!!
June 12, 2009 9:39 PM
Of course Mustafa never broke the law. Of course he wasn't sentenced to jail last year for threatening to kill the Chief Justice, and of course he didn't extort money from people. Just a bunch of slanderous lies to discredit a fine upstanding crimelord... oops sorry I meant to say bainal aqwaamee fenvaru candidate.
(8.36, hint: irony doesn't mean "something with iron in it", and sarcasm isn't "a type of chasm")
June 12, 2009 9:42 PM
Marhabaa Qassan. Saabahey fandiyaarun! Reeko Moosa dhen lalalaa
June 12, 2009 10:08 PM
Kobaa Court ga report nukiyan vegen ulhunu Human Rights Commission ge Lawyer? Ekahala magaamun isthiufa dhinun maa ragalhu vaane efadha hiyyvareh nethiyya. MDP ge goaneega bahaa thanun Minister kameh negun maa buddhiveri vaane. mee ves kiyavaigen thibey meehunnoa?
June 12, 2009 10:11 PM
aan aharenves ebbas 10.08 ah. Saleem kahala, Shafaz kahala MDP ah gos husvefa thibey meehun maa ragalhu vaane minister kan kuriyya. heevaa kahala MDP in mi meehunnah ithubaaru nukuraathee hen nudhenee goaneega bahaa minister kan ves.
June 13, 2009 10:04 AM
Siraj and Mohamed Ibrahim from the Elections Commission said the Thimarafushi vote was "free and fair"; the Police released an official report saying "no unlawful acts were committed in the Thimarafushi elections"... The High Court verdict has given the lie to those blatant attempts to subvert the will of the people. In a true democracy, those responsible for these shambles would do the honourable thing and immediately step down from office after such a damning verdict from the High Court. But don't hold your breath; this is the "New Democracy" in Maldives: none of those responsible care about democracy or honour. Neither Siraj, nor Mohamed Ibrahim, nor Faseeh will step down. And President Nasheed will not have the guts to acknowledge his own role in all of this. All fingers are pointing towards you, Mr. President. Do you have what it takes to do the right thing for once?
June 13, 2009 10:57 AM
Congratulation Gassan Maumoon! Well done the High Court! Very brave of the judges that they stood up for justice.
June 13, 2009 11:35 AM
This is justice. I take my hat for your bravery and honesty. Well done High Court. Keep it up. Almighty Allah will save us all.
June 13, 2009 1:58 PM
At last! There is one institution prepared to slug it out Anni's goon squad. Three cheers for the judges of the High Court! Never let MDP thugs intimidate you as they have successfully managed to intimidate MNDF and Police. The High Court has proved to be an oasis of justice in a lawless desert!
June 13, 2009 8:19 PM
Now it is up to our parliamentarians to follow up on the actions of our brave judges. Let the Majlis debate on a motion of no confidence in the Elections Commission at the earliest opportunity.
June 13, 2009 8:46 PM
Not only Elections Commission. How about Human Rights Commission. They made a correct report of what happened that day but later refused to even acknowledge their own report, let alone read it when the judge asked their representative. These commissions need to be re-elected with unbiased people and lawyers.
June 13, 2009 9:44 PM
Well said Anonymous @ 10.04. Mohd Ibrahim, Siraj, Fuad Thowfeeq, Faseeh and even Nanreethi Saleem should do the proper thing and resign immediately. Actually, Ameen Faisal should also resign, since he was 'in charge' of the police at the time. Where is the 'bainalaqwaamee fenvaru' now? is it only the MDP Majlis candidates who have this fenvaru and not its stooges in ministerial posts and 'anni-ndependent' commissions? Majlis should take a vote of no confidence on Amin Faisal too.
June 14, 2009 12:03 AM
I hear all those guys have sent in their names for the new Election Commission because Annibe told them to. Let's all call up our elected representatives and ask them not to vote for these guys this time around! That'll show them what people power really is.
June 14, 2009 10:32 AM
We shall see the true colors of our Izzaiytheri members of parliament when they start voting on the names for elections commission. I bet u that Mohamed Ibrahim, Siraj and Fuad will be approved again. Thasmeen and Yaameen would trade their mothers to Anni if it can save them from corruption charges.
June 14, 2009 10:01 PM
anon@10:32; thasmeen might. but yameen will not. nor would PA. btw, Thasmeen is not on par with yameen in politics. Yameen is far above in political foresight. Thasmeen might win in business if there ever was a competition between the two! so dont exaggerate and generalise my dear anon@10:32!