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Mr. Gayyoom guilty of High Treason?

Mariyam Mohamed, 26th May 2004

Mr. Gayyoom and his cabinet

On 23rd May 2004 editorial[1], Dhivehi Observer called upon Gayyoom for the immediate lifting of the ban on all dissent websites and allow free media and press to take its course in shaping the future of our country.

Gayyoom's response came swift and fast. Attorney General of the Maldives, Dr. Hassan Saeed, the young graduate from Australia said to reporters "Press Freedom in Maldives has been traditionally very strictly controlled , so letting loose of such controls suddenly will not be very good"

DO recalls Gayyoom’s BBC Exclusive interview of 17^th October 2003, in which he stated “Freedom of Expression is guaranteed by our Constitution”.

Let us now recall some key clauses from the Constitution of the Maldives[2].

Chapter I – Clause 6. The government of the Maldives shall be the authorities exercising the powers of the State in accordance with this constitution.

Chapter I – Clause 12. (a) Any person who, by the threat or use of force or in violation of the Constitutions, abrogates or attempts to abrogate (to repeal or abolish) the Constitution or attempts to undermine the Constitution or conspires to commit any of the said acts shall be guilty of high treason.

Freedom of expression
Chapter II – Clause 25. 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.

Protection of the Constitution, upholding the law and honouring the rights of others

Chapter II – Clause 30. It shall be the duty of every Maldivian citizen to protect and uphold the Constitution and the laws of the Maldives and to honour the freedoms and rights of others.

Voidance of laws, regulations and principles inconsistent with fundamental rights

Chapter II – Clause 31

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

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

Unfortunately, the Executive is also the Head of the Judiciary in the Maldives; hence no charges can be brought against him. This is the principle flaw in the current constitution, which was amended over a period of 19 years. In addition to that the Lower House of Parliament cannot pass judgement on him because he is in full control of the House as well. Finding that Gayyoom’s Grand Constitution does not “consolidate the democratic institutions and protect the rights of the people” in fewer than 7 years, is another indication of this man’s incapacity and inadequacy to govern. Former MP for Male’, Mr. Mohamed Nasheed (Anni) adequately refers to the Parliament of the Maldives as a Rubber Stamp of Mr. Gayyoom.

Perhaps, the learned Attorney General of Maldives, who is an expert on Freedom of Expression and well as in Law, can state on record for the people if this is not the case. In this instant, Dhivehi Observer would like to remind him that constitutional experts have studied numerous such cases, of undermining the constitution of the Maldives by Mr. Gayyoom and concluded that if there was anyway to bring a case against him in the Maldives, the evidence will stand firm and he will be found guilty of treason.

DO would now like to state on the record, that the statement of the Attorney General is a clear proof that the Government of Maldives, headed by the Mr. Gayyoom is in clear violation of the constitution, this constitutes as an act of treason as per Chapter I Clause 12 – (a).

[1] Constitutional Reform

[2] The Constitution of Maldives