Day: July 18, 2012

Judge Abdulla’s human rights violated, no physical abuse: HRCM

The Human Rights Commission of Maldives (HRCM) has told local media that while Criminal Court Chief Judge Abdulla Mohamed had “not been subject to any form of physical abuse“ during his controversial 22 day detention, attempts had been made to violate his fundamental human rights.

Haveeru today reported that HRCM President Mariyam Azra had said that its investigation had uncovered evidence that the judge, who was detained during the administration of former President Mohamed Nasheed over allegations that he posed a threat to national security, had faced attempts to remove him from his post and send him abroad.

The opposition Maldivian Democratic Party (MDP), who had been in government during the time of Judge Abdulla’s detention, today raised concerns over what it claimed was the “complicit irresponsibility” of the HRCM – a body it alleged was biased towards the political interests of former President Maumoon Abdul Gayoom.

Local media reports today claimed that HRCM President Azra had opted against giving the names of those involved in the alleged abuse of the judge’s human rights.  HRCM also declined to give any other details at present that could influence any potential trials after charges were filed against Nasheed and several senior figures in the Maldives National Defense Force (MNDF) this week.

Azra was not responding to calls when contacted by Minivan News at time of press.

The HRCM used today’s press briefing to publicise its concerns that “efforts” had been made to “coerce” the judge to commit unspecified actions that would have contravened his human rights.

“Serious concerns”

Responding to the press briefing, the opposition Maldivian Democratic Party (MDP) – of which Nasheed is the current presidential candidate – said it held “serious concerns” in the selective nature of the HRCM’s investigations.

MDP MP Hamid Abdul Ghafoor today alleged that the HRCM’s investigation had now formed the basis of criminal charges filed against Nasheed.  The case was today returned to the Prosecutor General’s (PG’s) Office after the Hulhumale’ Magistrate Court said it did not presently have jurisdiction to hear such a case.

In March, the Prosecutor General Ahmed Muizz told Minivan News that the completion of the Nasheed cases was being delayed whilst police reviewed certain aspects of the investigation.

Ghafoor claimed that the decision to move ahead with the charges this week raised questions about allegations of political influence on the HRCM and the information it made available to the PG’s Office.

“I believe there is a very strong link between the HRCM holding this media briefing today and Islamist factions linked to [former President] Gayoom,” he added. “This week this faction has been very active in lobbying the HRCM, the Police Integrity Commission (PIC) and even the president himself.”

Just last month, Deputy leader of the Progressive Party of Maldives (PPM) Umar Naseer has expressed his confidence that the Prosecutor General’s (PG) investigation into charges against former President Mohamed Nasheed will see his imprisonment before the scheduled elections in July 2013.

“We will make sure that the Maldivian state does this. We will not let him go; the leader who unlawfully ordered the police and military to kidnap a judge and detain him for 22 days will be brought to justice,” local paper Haveeru reported Naseer as having said.

The PPM was formed by former President Gayoom, who also serves as head of the party.

HRCM investigation

Former President Nasheed became the first Maldivian president to be summoned before the HRCM in March this year in connection to his alleged role in the controversial detention of Judge Abdulla.

Nasheed had been requested to attend a HRCM hearing filed to try and understand who was responsible for taking the decision to arrest the judge. The former president attributed the initial arrest call to his Defence Ministry, on the grounds of “protecting” national security relating to alleged ethical concerns about the judge.

The summons of the former president was the first of three cases filed at the HRCM involving Nasheed. These cases all relate to potential human rights abuses allegedly carried out both by and against Nasheed during the lead up and aftermath of a controversial transfer of power that saw President Dr Mohamed Waheed Hassan installed as his successor.

Representatives of Nasheed’s legal counsel at the time claimed Nasheed has used his testimony to claim that he had been informed by the Home Ministry that the judge had allegedly posed a “national threat” – prompting his eventual detention.

The MDP MP added that Nasheed then claimed that the Home Ministry had communicated with the Defence Ministry on the situation, which in turn led to the decision to arrest the judge after bodies like the Judicial Service Commission has raised alleged concerns over his ethical conduct.

“I was told Abdulla Mohamed would not comply with the police’s summons to investigate allegations [against him],” Nasheed later stated at a press conference following the meeting with the HRCM.

“The Home Minister wrote to the Defense Minister that Abdulla Mohamed’s presence in the courts was a threat to national security. And to take necessary steps. And that step, the isolation of Abdulla Mohamed, was what the [Defense] Ministry deemed necessary.”

Nasheed claimed additionally that he had sent representatives to Girifushi to check on Judge Abdulla Mohamed’s well-being during his detention, alongside allowing the HRCM to visit the judge.

The MDP has also alleged that the decision to arrest the judge was related to a number of possible misdemeanour’s that had been attributed to him dating back several years.

In November, the national court watchdog, the Judicial Service Commission (JSC), was ordered to cease an investigation into Judge Abdulla Mohamed by the Civil Court under an action the judge himself instigated.

MDP spokesperson and MP  Imthiyaz Fahmy contended following Nasheed’s first HRCM summons on March 21 that it was ironic that a leader he claimed who had openly discouraged the use of torture and actively campaigned against human rights abuses, had become the country’s first former leader to have been called in front of the HRCM.

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MPs reject dissolving media council

MPs voted 53-1 against a recommendation by the Finance Committee to dissolve the Maldives Media Council and transfer its mandate to the Maldives Broadcasting Commission (MBC).

While the vote was taken on July 4, the result was announced at today’s sitting of parliament.  It had not been officially declared due to disorder in the chamber that forced the sitting on July 4 to be called off.

The Finance Committee, chaired by Deputy Speaker Ahmed Nazim, recommended dissolving the media council after studying its audit report, which suggested that the independent regulatory body was not functioning as envisaged in the law.

Also at today’s sitting, MPs voted 33-18 to send a bill on freedom of assembly proposed by Independent MP Mohamed ‘Kutti’ Nasheed to a seven-member ad hoc committee for further review.

The list of MPs approved for the committee were MP ‘Reeko’ Moosa Manik from the opposition Maldivian Democratic Party (MDP), MP Moosa Zameer from the People’s Alliance (PA), MP Visam Ali and MP Abdulla Abdul Raheem from the Dhivehi Rayyithunge Party (DRP), Independent MP Ahmed Amir, MP Riyaz Rasheed from the Dhivehi Qaumee Party (DQP) and Abdulla Jabir from the Jumhooree Party (JP).

MPs meanwhile voted unanimously in favour of the Maldives becoming a member of the SAARC (South Asian Association for Regional Cooperation) Convention on Cooperation on Environment following a report submitted by the National Development Committee of parliament.

Speaker Abdulla Shahid adjourned today’s sitting at 2.30pm after quorum was lost during a debate on a report submitted by the Economic Committee after studying amendments proposed to the Tourism Act.

Today’s sitting was interrupted seven times due to loss of quorum before Speaker Abdulla Shahid brought the sitting to a close after quorum was lost for an eighth time.

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Hulhumale’ Court rejects case against former President Nasheed

Hulhumale’ Magistrate Court rejected a case forwarded by the Prosecutor General against former President Mohamed Nasheed and three Maldives National Defence Force (MNDF) officers for their alleged role in detaining Criminal Court Chief Judge Abdulla Mohamed.

Hulhumale’ Court Magistrate Moosa Naseem told Minivan News that the case was sent back to the Prosecutor General’s Office after the court stated it did not have the jurisdiction to deal with such cases under the Judicature Act.

‘’We studied the case and we found that we do not have the jurisdiction to deal with the case according to article 66 of the Judicature Act,’’ Naseem said.

Naseem today told local media that the Hulhumale’-based court can only accept the case after the Chief Justice issues a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council as stated in the article 66[b] of the Judicature Act.

Article 66[b] of the Judicature Act states that “In accordance with Section (a) of this Article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.’’

Deputy Prosecutor General Husaain Shameem said he was presently on leave and was not aware of the exact details of the matter when contacted by Minivan News. Prosecutor General Muiz was also not responding to calls by Minivan News at the time of press.

Earlier, Muiz has said that the case was sent to Hulhumale’ Magistrate Court because it related to the Chief Judge of the Criminal Court.  He contended therefore that the case cannot be filed at the same court overseen by the judge owing to a conflict of interest.

Former President Nasheed has said that he is “prepared” to justify the reasons for the arrest of Judge Abdulla, and said he was ready to appear in court and prove his actions were valid.

Nasheed also dismissed accusations of the High Court, the Supreme Court and the prosecutor general that he had ordered the military to arrest Judge Abdulla unlawfully.

“I did nothing unlawful during my tenure,” he challenged.

He also called on the population to be present at his trial and witness what happened in the court, alleging that the whole case was politically motivated and that his opponents were seeking to gain an unfair upper hand from the “political scandal”.

The Chief Judge was detained by the military, after he had opened the court outside normal hours to order the immediate release of former Justice Minister and current Home Minister and deputy leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel.

In late 2011, Judge Abdulla was himself under investigation by the JSC, the country’s judicial watchdog, for allegedly politically biased comments made to private broadcaster DhiTV. The Judicial Services Commission (JSC) was due to release a report into Judge Abdulla’s ethical misconduct, however the judge approached the Civil Court and successfully filed an injunction against his further investigation by the judicial watchdog.

Judge Abdulla’s arrest sparked three weeks of anti-government protests in January, leading the Nasheed administration to appeal for international assistance from the Commonwealth and UN to reform the judiciary.

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Commonwealth Envoy expresses concern at “rising political tension” in the Maldives

The Commonwealth Secretary General’s Special Envoy to the Maldives, Sir Donald McKinnon, has expressed concern at “rising political tension” in the Maldives –  specifically over ongoing street protests and the criminal charges filed against ousted President Mohamed Nasheed.

Nasheed’s Maldivian Democratic Party (MDP) has taken to the streets for the tenth consecutive day calling for an early election, alleging the former President was deposed in a coup detat on February 7.  Police have clashed violently with protesters resulting in injury to police and public as well as the arrest of hundreds of protesters. However, President Dr Mohamed Waheed Hassan has insisted the earliest constitutionally permitted date in which fresh polls can be held is July 2013.

Meanwhile, Prosecutor General Ahmed Muizz on Monday filed criminal charges against Nasheed for his alleged role in the detention of Criminal Court Chief Justice Abdulla Mohamed in January.

The Commonwealth’s Ministerial Action Group (CMAG) has urged for early elections to be held in 2012, and has played a crucial role in the reconstitution of the Commission of National Inquiry (CNI), set up to investigate the controversial transfer of power.  The composition was changed after the Commonwealth raised concerns over the body’s impartiality during its first iteration. The CNI is expected to release its report by the end of August.

In a statement released yesterday, Sir Donald called for dialogue among political leaders, urging all parties to show “restraint and restore calm.”

“It is absolutely essential that all relevant actors in Maldives refrain from any actions that could jeopardise the stable environment necessary to allow the Commission of National Inquiry to complete its work and produce an outcome within the stipulated time-frame,” he said.

“Restore calm”

Sir Donald added that he has been in contact with President Waheed and Mohamed Nasheed to discuss the MDP’s ongoing protests, along with the response by security forces to these demonstrations and the charges filed against the former president.

“What is very much needed in Maldives right now is for all concerned to show restraint and restore calm. Any actions that create or exacerbate political instability cannot be helpful to the national interest, including in the difficult economic circumstances at the moment in the country and the global context,” Sir Donald said.

The Maldives is facing a foreign currency shortage, plummeting investor confidence, spiraling expenditure, a drop off in foreign aid and a crippling budget deficit of 27 percent.

Speaking on the need for a stable environment for the CNI to complete its work, and urging all parties to refrain from jeopardising the commission’s efforts, Sir Donald said: “We have all invested a huge amount of time, energy and resources in reconstituting the Commission of National Inquiry, to establish the truth about the events of 7 February 2012 and help Maldives move forward. The international community has been supportive of these efforts.”

Hence, Sir Donald has called on Maldivian leaders to engage in dialogue, stating that “Ultimately, any resolution of contentious political issues in Maldives can only come about through inclusive political dialogue.”

“I therefore urge the leaders of Maldives to engage in genuine dialogue, with the interest of the people of Maldives in mind,” he added.

MDP Spokesperson Hamid Abdul Gafoor welcomed the Special Envoy’s statement, but said that MDP protests would continue. “You must remember our protests are non-violent and are aimed at restoring political stability,” he told Minivan News.

Stalemate

Sir Donald’s comments come at a time when renewed attempts at restarting the All-Party talks appear at a stalemate.

The talks were conceived as one of two internationally-backed mechanisms – alongside the CNI – to resolve the political deadlock in the Maldives following the controversial transfer of power on February 7.

The Convenor of the All-Party talks, Ahmed Mujuthaba, on July 12 announced that a series of “high-level” discussions will be held between President Waheed and the leaders of the largest political parties after sixteen previous attempts had resulted in “no breakthrough.”

However, a spokesperson for President Waheed on Tuesday said the president will not hold talks with Nasheed as long as street protests continue, condemning the protests as an “act of terrorism.”

Meanwhile, former President Maumoon Abdul Gayoom – who served as the country’s autocratic leader for 30 years up to 2008 – said he would not negotiate with Nasheed.  Gayoom claimed that Nasheed had made baseless comments about him in both the local and the international community, particularly that the former President had masterminded a “coup d’état” on February 7.

Nasheed subsequently released a statement on Monday arguing that his allegations were based on public statements made by Gayoom and those closely affiliated with him politically, including his family members – many of whom now hold senior positions in government. Nasheed then offered to apologize if Gayoom agreed to participate in the all-party talks.

“Given that not for a single moment would I wish for someone unelected by the people of Maldives to entertain himself as leader to them, I believe now is the time for all parties to come forth in support of the best interest of the nation and its citizens, and as such, if President Gayoom indeed was not party to the coup, I have decided to apologise to President Gayyoom for the fact that I said he was behind this coup,” Nasheed said in his statement.

However, Gayoom told local media today that he believed Nasheed’s apology was “insincere” and has asked Nasheed to issue a formal apology on local and international media.

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US and UK must consult Maldives judiciary over dropping Nasheed charges: government

The government has said it will “not interfere” with the Maldives’ judiciary amidst calls from the US and UK to drop charges against former President Mohamed Nasheed, alleging that requests may have been made by diplomats with “sympathies” for the one-time head of state.

President’s Office Media Secretary Masood Imad told Minivan News that requests had been made by UK and US officials to drop charges against Mohamed Nasheed over his potential role in the controversial detention of Criminal Court Chief Judge Abdulla Mohamed earlier this year.

However, Masood added that any such requests needed to be addressed to the country’s judiciary, reiterating a previous pledge by President Dr Mohamed Waheed Hassan that his administration would not interfere with judicial process.

“We promised, as you may remember, that we will not interfere in the running of the country’s judiciary,” he said.

“Sympathies”

Masood also raised doubts whether calls to drop the charges were an official request of the UK or US governments, rather than the views of individual elements in either nations’ respective embassies based in Colombo, Sri Lanka.

“I do not believe that it is the UK and US governments that have made this request, I think it is the embassies themselves,” he alleged. “Maybe they have sympathies for Nasheed.”

The comments were made after China’s Xinhua news agency reported yesterday that the US Embassy of Sri Lanka and the Maldives, as well as its UK counterpart based in the country, asked that the former president not face charges that could potentially exclude him from standing in the next general election presently scheduled for next year.

The UK High Commission was not responding at time of press, while a US Embassy spokesperson said the embassy had no comment on the matter.

Nasheed, along with former Defense Minister Tholhath Ibrahim Kaleyfaanu both face charges for their alleged roles in the detention of Chief Judge Abdulla Mohamed.  The charges were filed this week by Prosecutor General Ahmed Muizz.

The detention, which the former government claimed had been made over concerns about “national security” owing to allegations that Judge Abdulla was involved in perjury and “blatant collusion” with the previous administration, was widely criticised by international bodies at the time.

On Sunday, (July 15), Nasheed himself claimed to Maldivian Democratic Party (MDP) supporters that he did not wish to see the charges presented against him withdrawn for any reason.

“I, as the president of this country and as the presidential nominee of the MDP, worked for the benefit of the Maldivian people, for their well-being and to fulfil the needs of the people of the Maldives. I have not done anything to further my own interests during my tenure as president,” Nasheed said.

He also called on the public  to be present at his trial and witness what happened in the court, alleging that the whole case was politically motivated and that his opponents were seeking to gain an unfair upper hand from the “political scandal”.

“This case is a case that I wanted to see coming. This is a case that I want to face myself. I will not back down from this case,” he said.

Nasheed has joined MDP supporters on numerous occasions during more than a weeks worth of consecutive daily protests in Male’ calling for the present government to step down and hold early elections on the back of the controversial transfer of power in February.

The MDP continues to allege that it was removed from office in a “coup d’etat” sponsored by mutinous elements of the police and military, as well as former opposition politicians.

Judicial Reform

While the Waheed administration has publicly stressed that it would not seek to tamper with the running of the nation’s judiciary, the UN Human Rights Committee (UNHRC) has identified the courts among a number of areas that need to be overhauled of part of “radical changes” to ensure compliance with the International Covenant on Civil and Political Rights.

The committee is “deeply concerned about the state of the judiciary in the Maldives,” a statement released by the UNHRC this week noted.

“The state has admitted that this body’s independence is seriously compromised.  The Committee has said the judiciary is desperately in need of more serious training, and higher standards of qualification,” the statement read.

The Supreme Court in particular needed “radical readjustment,” the committee said. “As 6 of 7 Supreme Court judges are experts in Sharia law and nothing more, this court in particular is in need of radical readjustment.  This must be done to guarantee just trials, and fair judgements for the people of Maldives.”

A panel member during the UNHRC session also noted the “troubling role of the judiciary at the centre” of the controversial transfer of power on February 7.

“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” he observed.

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UN Office for Human Rights expresses concern over use of excessive force against demonstrators

The UN Office of the High Commissioner for Human Rights has expressed concern over violent protests and use of “excessive force” against demonstrators.

At a press briefing on Tuesday, Spokesperson for High Commissioner Navi Pillay, Rupert Colville, observed that “instances of apparent brutality have been captured on camera. These include the seemingly deliberate and uncalled-for use of some kind of spray on former President [Mohamed] Nasheed, and the driving of police vehicles at high speed into crowds of protesters.”

“Such actions deserve immediate investigation, and firm action should be taken by the authorities against those responsible for excessive use of force,” stated Colville. “We appeal to all parties to refrain from violence and create conditions for political dialogue and reconciliation.”

Police initially denied pepper-spraying former President Nasheed during a rally on July 14.

“Maldives Police did not use any excessive force nor was pepper spray directed to anyone’s face,” police said in a statement.

However a video released of the incident showed a riot police officer reaching over a crowd of people surrounding Nasheed and spraying him in the face. Nasheed turns away as the spray hits him, and is taken away by his supporters, but later returned to the protest.

President’s Office Spokesperson Abbas Adil Riza said the government had no comment on the matter as it was under investigation, “and in due course the Human Rights Minister [Dhiyana Saeed] will address the concerns.”

The UN Office for Human Rights also noted the criminal charges that had been brought against Nasheed concerning his detention of Chief Criminal Court Judge Abdulla Mohamed during his final days in office.

“We… stress that any such matters must be handled with full respect to the due process rights and fair trial safeguards guaranteed by the Maldives’ Constitution and international human rights treaty obligations,” Colville stated.

In a statement, the Maldivian Democratic Party (MDP) criticised the charges as “politically-motivated, and designed to remove the current regime’s political opponents from the public sphere.”

“International bodies including the UN Human Rights Committee and the International Committee of Jurists have also voiced serious doubts as to the independence and impartiality of the judiciary; showing that it will be impossible to conduct a fair trial,” the party said.

During the Maldives’ defence of its human rights record before the UN Human Rights Committee earlier this week, a panel member noted the “troubling role of the judiciary at the center” of the controversial transfer of power on February 7.

“The judiciary – which is admittedly in serious need of training and qualifications – is yet seemingly playing a role leading to the falling of governments,” he observed.

In a preliminary statement following the Maldives’ appearance, the Committee said it was “deeply concerned” about the state of the judiciary.

The State has admitted that this body’s independence is seriously compromised. The Committee has said the judiciary is desperately in need of more serious training, and higher standards of qualification. As 6 of 7 Supreme Court judges are experts in Sharia law and nothing more, this court in particular is in need of radical readjustment. This must be done to guarantee just trials, and fair judgments for the people of Maldives,” the Committee stated.

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MDP Women’s Wing protest against alleged sexual harassment, call for Fahmy’s resignation

The Women’s Wing of the Maldivian Democratic Party (MDP) gathered outside the government Velaanaage building yesterday in protest at alleged workplace sexual harassment faced by females.

The protest was held after Civil Service Commission (CSC) Chair Mohamed Fahmy Hassan was last week requested to stand down from the position after an Independent Institutions Oversight Committee vote on accusations he harassed a female member of staff at the commission.

Fahmy has continued to refute the allegations, which he claims are “politically motivated”.

The MDP stated that the protest was held to stand against sexual harassment faced by Maldivian women at the workplace.  The group also demanded the resignation of Fahmy within the 14 day time period requested by the parliament Independent Committee.  The 14 days will be up next Wednesday (July 25).

Around two dozen protesters gathered outside Velaanaage at about 2:00pm yesterday, with the demonstration reportedly ending peacefully two hours later.

Protesters were seen holding banners calling on the immediate resignation of CSC Chair Fahmy and other banners mostly expressing disappointment for Fahmy still being in the position.

After parliament’s Independent Commissions Oversight Committee concluded its investigation into the case, the decision was taken to forward the issue to the parliament floor should Fahmy not resign within the 14 days.

Local newspaper ‘Haveeru’ have speculated that there was a chance that Fahmy will not lose his postion as the Chair of the CSC if the issue was presented to the parliament floor. The newspaper reported that Fahmy has close relations with government-aligned MPs that dominate the Majlis chamber, according to some political figures.

In the parliament committee meeting, five MPs voted against taking action against Fahmy and the other five MPs voted in support of taking action against Fahmy and the vote was even.

In such situations where the vote appears even, the regulations obliges the Chair of the committee to vote. It was decided ultimately that action should be taken against Fahmy was passed after the Chair of the committee Independent MP Mohamed Nasheed voted in favor taking action against Fahmy.

The committee took the decision on July 11.

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