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Gayyoom cannot stand criticism and resorts to undermining the constitution

Editorial 8^th July 2004

On 9^th June 2004, Gayyoom told the Maldivians to “meet, discuss and debate” constitutional reform issues. A couple of meetings were organised by senior reformists. The gathering in Social Centre on 29^th June and the latest one on 5^th July were ground breaking events in which the crying voices of reformists were unanimous in their support for pluralistic democracy and in renouncing the dictatorship of Gayyoom.

As ever, Gayyoom could not tolerate the voice of the public and especially the banner displayed in the last meeting at Ghiyaasuddeen School on 5^th July calling for his resignation, was just far too much for him to digest. Criticising Gayyoom is one thing but to call for his resignation is the biggest crime you can commit in his eyes and in the eyes of his cronies; equalled by the man himself to renunciation of the Islamic faith.

Abdul Rasheed
A victim of Gayyoom's dictatorship

As it has been proven time and time again, Gayyoom knows only one way, which is to use his National Security Service (NSS) to harass and control the public. The free debate has now come to an end and no one is allowed to talk freely anymore. Last night there was a lot of police on the streets of Male’. They were specially looking for Mr. Abdul Rasheed, who displayed the banner calling for Gayyoom’s immediate resignation.

Abdul Rasheed and many of his friends were near the old Maaveyo Mosque in Koarukendi Magu last night. Sergeant Ali Ahmed had called Mr. Rasheed earlier and asked him to pop into NSS headquarters for a “friendly chat”. Mr. Rasheed was advised to request the NSS to serve a notice rather than a phone call. As it happens, NSS is above the law and they wanted to take him to NSS by force but the large crowd hampered their mission.

Early this morning a notice was served by NSS. He went to NSS and he was questioned by 3 NSS personnel including Sgt. Ali Ahmed, who asked him if he had attended the Debate on 5^th July at Ghiyaasuddeen (this is to establish the link with the banner which was displayed briefly resulted in a huge uproar and cheer in the audience). Mr. Rasheed said he will not answer any of his questions without the presence of a lawyer. He further told NSS personel that he had no faith in their procedures. Half an hour later he was asked to come back at 4:00 in the afternoon with a lawyer.

Mr. Rasheed arranged Dr. Munawwar, former Attorney General and a Member of the Parliament, academic and expert on constitutional law, to represent him regarding this case. DO has further obtained information that NSS took a statement from Mr. Rasheed as to why he showed the banner and that as per Criminal Law Act 38, he had committed a crime by displaying that banner to the public. Mr. Rasheed explained to them that as per article 25 of the constitution, guaranteed by Article 31 (1) and (2) stated below, he had a constitutional right express his view and that no one can take away that right from him. NSS personal then said that their superior had instructed them to charge him and they were obeying orders. Mr. Rasheed has not yet signed the statement and NSS has requested him and his Lawyer Dr. Munawwar to report back tonight at 10:00 pm.

DO Editor-in-Chief called Commissioner of Police Major General Adam Zahir this morning and discussed this matter with him and urged him to uphold the rule of law and to protect the rights enshrined in the constitution of the Maldives. Furthermore, DO also called the Special Majlis Member for Haa Dhaal Atoll, Hon. Ahmed Adhil and reminded him of his duty and responsibility towards his constituent Mr. Rasheed, whose rights are being violated for expressing his views.

DO would now remind Gayyoom, that as per Article 25, of the Constitution of the Maldives and furthermore Article 31 (1) and (2) which protects the fundamental rights of the Maldivians enshrined in this Chapter, Gayyoom is committing a grave crime by attempting to undermine the Constitution of the Maldives by harassing and charging Mr. Rasheed for practicing his freedom of speech.

Gayyoom himself said on the BBC’s Exclusive Interview last October 17^th, that “Freedom of Expression is guaranteed by our constitution”. He should have added the term “if and when I approve or as long as no one criticises me”.

Constitution of the Maldives - Article 25 – Freedom of Expression

Every citizen shall have the freedom to express his conscience and thoughts orally or in writing or by other means, unless prohibited by law in the interest of protecting the sovereignty of the Maldives, of maintaining public order and of protecting the basic tenets of Islam.

Constitution of the Maldives - Article 31 – Voidance of laws, regulations and principles inconsistent with fundamental rights

(1) Where any law, regulation or any principle having the force of law is inconsistent with the undamental rights stipulated in this Chapter, such law, regulation or principle shall, to the extent of such inconsistency, be void.

(2) The fundamental rights stipulated in this Chapter shall not, temporarily or otherwise, be denied save in accordance with this Constitution.