While some members of the “23rd December Coalition” and some activists of the Maldivian Democratic Party (MDP) were carrying out separate demonstrations in the Artificial Beach Area in the evening of 6th February 2012, the orders given by President Mohamed Nasheed to withdraw from the said Area, those officers of the Police Force and the officers of the Maldives National Defense Force who were stationed there to maintain law and order, clearly violates Article 238 of the Constitution; and as the Commanding Officers in both the Police Force and the Maldives National Defense Force (MNDF) obliged by carrying out the orders (of the President) by withdrawing their respective officers who were performing their lawful duties in the Area where the demonstrations were going on, the Commanding Officers’ actions violated Article 245 of the Constitution as their actions obstructed the lawful duties that were being carried out by the Security Service officers.
While it is stipulated in Article 18 of the ‘National Defense Act” that if any orders that are given to MNDF personnel violates the Constitution or the “National Defense Act” or any Rules and Regulations formulated under the said Act, then the orders or part of the orders that violates the Laws and/or Regulations pertaining to the said Laws are nullified.
As a result of the Commanding Officers of the Police Force and MNDF obeying the (unlawful) orders given by President Mohamed Nasheed, and in consequence, giving commands to the other police officers and the MNDF officers to carry out unconstitutional acts, the Commanders of the Police Force lost their ‘command and control’ and on the eve of 6th February 2012, some members of the Police Force entered the MDP Convention Centre with no apparent ‘chain of command’ from the Police Headquarters; and President Mohamed Nasheed ordered the Maldives National Defense Force (MNDF) to arrest the members of the Police Force, who were gathered in the Republican Square (“Jumhooree Maidhaan”) to protest against having to take unlawful orders, and as a result of the MNDF trying to arrest the Police Officers gathered in the Republican Square, many police officers who were performing their duties in various posts in different areas of Male’ City, vacated their posts and came to the Square to join their fellow officers in their protests. It has to be noted, that as a result of these events, there was no security or law and order in Male’ during the time. The Commission also notes that some people took the opportunity to cause widespread damage and destruction as well as arson to many places in Male’.
Article 238 of the Constitution stipulates that the Security Services must perform their duties and carry out all their activities in accordance with the Constitution and the Laws of the Republic of Maldives, in a manner that will make the Security Services answerable or accountable for their actions; and while the same Article additionally mandates the President to ascertain that the Security Services carry out their obligations in accordance with the stipulations laid down in the said Article; by obeying the (unlawful) orders given by the President to withdraw the officers whose duty was to maintain security and public order in an ‘Area’ where large numbers of the public had gathered, and by giving orders to the said officers on duty to return to the MNDF Headquarters (“Bandeyri Koshi”), the Commanding Officers of the Maldives National Defense Force has violated Article 245 of the Constitution. Due to these actions, the Commanding Officers of MNDF has also failed to carry out their lawful duty of providing security to the public and upholding the Constitution of the country.
In response to President Mohamed Nasheed’s orders to withdraw or bring back to the MNDF Headquarters, those MNDF officers who were stationed in the Republican Square (“Jumhooree Maidhaan”) for maintaining law and order, the Commanding Officers of MNDF gave orders to these officers to that effect, as a result of which, these officers on duty left their posts in the Republican Square and returned to their Headquarters, leaving no one to attend to security matters in that area. Immediately, the MDP activists who were present in the area where the demonstrations were going on, entered the Republican Square in a confrontational manner and calling for the arrest of the Police officers who were protesting (against unlawful orders) in the Square. Subsequently, many members of the “23rd December Coalition” who were gathered in front of the Maldives Monetary Authority (MMA) Building, also entered the Square.
In the confrontations that took place between those members of the public who entered the Republican Square (“Jumhooree Maidhaan”) and the Police officers who were gathered there, several members of the public got seriously injured. With no “chain of command” in the Organization, certain individual Officers of MNDF responded to the orders given to them directly by President Mohamed Nasheed; and some MNDF officers who were in their Headquarters or “Bandaara Koshi” at the time, went out to the Republican Square (“Jumhooree Maidhaan”) to arrest the Police officers who were gathered there; also, MNDF lost its “control and command”; and, as a result of the confrontations that took place between the MNDF officers, the Police officers and the members of the public, several MNDF and Police officers were seriously injured; and some police officers and members of the public caused widespread damage to public property; and some Police officers physically attacked some of their leaders or commanders; the police and the public caused destruction to the MNDF Headquarters; the Public managed to get access to some common weapons used by the MNDF and Police officers; and as a result of all these events , the nation suffered great losses and damages.
With the loss of the “command and control” in both MNDF and the Police Force, and with no “chain of command” following through, some police officers and MNDF officers, together with some members of the public entered the Premises of the Maldives National Broadcasting Commission (MNBC).
Some police Officers and MNDF Officers collaborated with some members of the public and entered the Premises of the MDP Convention Centre and caused damaged to some of the goods that were there.In violation of the Constitution of the Republic of Maldives, in violation of International Conventions, in direct violation of the “National Defense Act” and the “Police Act” and in a manner that caused obstruction to the roles played by the Police Force and the National Defense Force, the Chief Executive of the Nation, President Mohamed Nasheed kept on giving orders and instructions to the Commanding Officers of MNDF and the Police; and as a result of these Commanding Officers obeying and carrying out these orders, the Security Services lost their “command and control”; many Security Service officers and members of the public got injured, incurred losses and damages to a great deal of public property as well as private property; and most importantly the events caused human rights violations that affected many people.
This Investigation did not show that there were any attempts made to assassinate President Mohamed Nasheed during the time he spent in the MNDF Headquarters."
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