Day: October 9, 2012

Nasheed released from custody, travel ban still in place

Additional reporting by Mohamed Naahii

Former President Mohamed Nasheed has been released from custody following the first hearing in the Hulhumale Magistrate Court concerning his detention of Chief Criminal Court Judge, Abdulla Mohamed.

The trial began around 4:20pm this afternoon. The court was packed with attendees, most of whom were Nasheed supporters. Nasheed’s wife Laila Ali and family members were also present.

At the beginning of the trial, the state read the charges.

Responding, Nasheed stated that the trial reflected the “grave” situation that the democracy of the Maldives is in.

“Honorable judges, this charge against me is a deliberate attempt by the prosecutor general to bar the presidential candidate of the largest opposition political party of this country from contesting the next presidential elections,” Nasheed declared.

“The Maldivian constitution explicitly states that the powers of the state derives only from the people and there is no stronger power than that of the power of the people. That power of the people will only be restored through free and fair elections,” he said.

“Honorable Judges, I sincerely ask of you to consider this fact before you proceed with the trial. My lawyers will continue advocating on behalf or me from now on,” he said.

Former President’s member on the Judicial Services Commission (JSC) and outspoken whistleblower Aishath Velezinee has maintained that Nasheed’s detention of the judge was justified given the failure of both the JSC and parliament to hold the judge accountable for allegations of serious ethical misconduct.

Lawyers take over

On her opportunity to speak, Nasheed’s lawyer Hisaan Hussain raised procedural irregularities concerning the case that was being heard.

Firstly, she questioned the judges as to whether a magistrate court could hold a trial on an island other than the island on which the magistrate court was established – despite the case been filed in the Hulhumale Magistrate Court, the hearing was held in the Justice Building in Male’.

Hisaan also asked the court to decide on the claim that the magistrate court was formed in contradiction with the Constitution and the laws of the country, before it proceeded with the hearings. The matter is currently being considered by the Supreme Court.

Member of Nasheed’s legal team, Abdulla Shair, also raised a point on procedural irregularities citing that the magistrate court’s order to detain Nasheed was unlawful because such orders should legally only come from a court set up in the locality of the defendant’s permanent address. Nasheed is based in his family home in Male’.

Shair challenged that it should be the Criminal Court ordering nasheed’s detention, as Nasheed’s permanent address was located in capital Male’.

The lawyers asked the court to temporarily suspend the hearings until it had resolved the procedural irregularities. However, court rejected the proposition.

Responding to the procedural issues raised, the court rejected all but one of the issues raised without giving any reasoning.

The court however responded to Nasheed’s lawyer Abdulla Shair’s point of procedure, and stated that the court followed a precedent set by the High Court.

Responding, the state challenged that no lawful authority of the country had decided that Hulhumale’ Court was legitimate, and it was within the power of the prosecutor general to file charges in a court with relevant jurisdiction.

The state presented more than 32 pieces of evidences it claimed proved that Chief Judge of Criminal Court Abdulla Mohamed was detained unlawfully, including the judge himself.

Other evidence produced included audio and video of the Judge’s detention, and speeches given by Nasheed.

The State also presented an evidence list of figures from both Maldives National Defence Force (MNDF) and Maldives Police Services (MPS).

In response to the presented evidences, Nasheed’s lawyers asked the three member panel of Judges to give them a time period of 30 days to study the evidences and prepare a defence.

The judges however gave a period of 25 days. They announced that the next hearing would be held on November 4, 2012.

Supporters of Nasheed cheered when he came out of the hearing. With Nasheed’s detention order expired following his attending of the hearing, Nasheed is technically free.

However, the previously imposed travel ban is still in place and Nasheed is confined to Male’.

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Decoding Nasheed: The Hindu

“Eight months after the political upheaval in the Maldives that saw Mohammed Nasheed resign as President, fresh turmoil there has belied hopes that the nation would slowly settle down. Mr. Nasheed, who alleged after resigning that he was ousted in a coup, has been arrested for defying a court order,” writes an anonymous author in The Hindu today.

“Charged with detaining a judge unlawfully on January 16 while he was still in power, and ordered by the court to remain in Male for the period of the trial, the former President opted to break free of his ‘island arrest’, going off to the southern islands in the archipelago to attend political rallies.

He believes that the charges are politically motivated, designed to convict and make him ineligible to contest elections. If that is correct, he is now responsible for handing the courts a far simpler way to achieve the same objective, by convicting him on a possible charge of contempt.

Evidently, Mr. Nasheed thinks brinkmanship serves better his political objectives, especially after the Commission of National Inquiry — constituted to go into political events from January 14 to February 8 — destroyed some of his political planning by concluding there had been no coup in the Maldives.

It said the change of President was legal and constitutional, and that what happened was a ‘reaction’ to Mr. Nasheed’s own actions as President. Though he has refused to accept the conclusions of the report, he can hardly accuse the Commission of bias.

It was at his bidding that its mandate was rewritten; additionally, a Maldivian member of his choice, plus an international co-chair and two other international observers, were added to it.”

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MDP proposes no confidence motion against Home Minister

The opposition Maldivian Democratic Party (MDP) has confirmed that a no confidence motion against Home Minister Dr Mohamed Jameel Ahmed has been sent to the secretariat of the People’s Majlis.

MDP MP and Spokesperson Hamid Abdul Ghafoor speaking from the island of Thinadhoo confirmed to Minivan News that an estimated 26 signatures had been secured by the party to support the no confidence motion.

However, Ghafoor said he was not able at time of press to confirm the exact numbers of MPs expected to support the motion, or if the People’s Majlis had approved or set a date for a no confidence vote to take place.

Parliament’s Counsel General Fathmath Filza could also not be reached for comment today by Minivan News.

To have a no confidence motion heard within the People’s Majlis, officials regulations require signatures from 25 serving MPs. Support from a majority of the full membership of parliament during the vote is then needed to remove the Home Minister from his post.

As well as serving under the present coalition government of President Dr Mohamed Waheed Hassan, Dr Jameel served as Justice Minister with oversight of the judiciary during the autocratic rule of former President Maumoon Abdul Gayoom, as well as being an active member of the former opposition party, the Dhivehi Qaumee Party (DQP).

The case is the second no confidence motion to be proposed this month after MP Alhan Fahmy of the government-aligned Jumhoree Party (JP) said he had held discussions over taking a no confidence vote against both President Waheed and Vice President Mohamed Waheed Deen.

Addressing the motion proposed against Dr Jameel, MDP MP Imthiyaz ‘Inthi’ Fahmy claimed in local newspaper Haveeru that the action had been taken over concerns concerning what the party called an “unprecedented” increase in murders and assault in the Maldives since the transfer of power.

Inthi also criticised the Jameel for what he called a failure to probe human rights abuses allegedly conducted by police on February 8 this year.

Police Integrity Commission findings

In a Police Integrity Commission (PIC) report released earlier this month into allegations of police brutality in the breaking up of Maldivian Democratic Party (MDP)’s demonstrations held on February 8 provided two contradicting accounts of the events.

The report contended amongst it findings that on February 8 , police acted within the boundaries of the law and its own regulations, acting in accordance with Article 6(4) and Article 6(8) of the Police Act and as protection from any danger that may ensue from the MDP demonstrations.

President of the PIC, Shahindha Ismail, has however stated in the report that she saw certain acts carried out by police on February 8 to have been against the law, claiming that there no valid reason for police to have broken up the MDP demonstrations in the manner the police did.

Dr Jameel’s detention

During his time in opposition before February’s controversial transfer of power, Dr Jameel was an outspoken critic of Nasheed’s religious policies, authoring a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’ and attacking his “business dealings with Jews”.

Under the former government, Dr Jameel was controversially detained by police on charges of slandering the government as a result of the publication, which authorities alleged at the time was a “pamphlet of hatred”.

Both Dr Jameel and DQP Deputy Leader of the Dhivehi Qaumee Party (DQP) were not responding to calls by Minivan News at the time of press in regards to the no confidence motion.

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Former President Nasheed presented to court hearing, protesters gathered outside

Former President Mohamed Nasheed has been presented to a court hearing under police custody, following his arrest on Monday on an order issued by Hulhumale Magistrate Court.

Hundreds of protesters are gathered in the area surrounding the court. Protesters claim that the Hulhumale’ court is unlawful and are calling for Nasheed to be freed.

The arrest of Nasheed on the island of Fares-Mathoda by the police followed a decision by Nasheed’s party to ignore two previous summons and a travel ban issued by the court, which the Maldivian Democratic Party (MDP) contend has no legitimacy under the 2008 Constitution. The matter is currently being considered by the Supreme Court.

Excessive force used in arrest: Amnesty

International human rights NGO Amnesty International has stated that the Maldives Police Services (MPS) used “excessive force” during the arrest of Nasheed.

The statement noted eyewitness accounts of the police vandalising the house of former Minister of Housing and Environment Mohamed Aslam, where Nasheed was staying at the time of arrest. It also highlighted accounts of attacks against supporters outside the residence who were exercising their right to protest peacefully.

Regarding the case against Nasheed, the statement further says that although it is “positive” that the Maldivian authorities are investigating the case, the organisation is concerned that the human rights violations during the 30 year presidency of Maumoon Abdul Gayyoom and those that have occurred since Mohamed Waheed Hassan assumed office in February 2012 were being ignored.

“Investigations into past abuses are always welcome. However, accountability must not be selective – all authorities including former presidents should be held accountable for human rights violations. The focus on human rights violations during only Nasheed’s presidency appears politically motivated,” said Amnesty International’s Researcher on Maldives Abbas Faiz.

Arrest was carried out “very professionally”: police

Police have released a statement claiming that police officers acted “very professionally” in bringing Nasheed into police custody.

The statement says that the police had initially requested Nasheed to hand himself over to the police. According to the police, officers broke down the door of the room Nasheed was in and detained him after he failed to respond to the initial commands. The statemen claims that this is the general course of action used by police in similar situations.

The police denied that any officers used offensive language or that any physical or that psychological trauma was caused to anyone during the arrest.

The statement further notes that from the time Nasheed was brought to the Dhoonidhoo Detention Centre last night, the Human Rights Commission of the Maldives and the Police Integrity Commission have been provided with the opportunity to observe the proceedings of the operation to arrest Nasheed.

Police have also stated that Nasheed is allowed access to legal counsel and family under the arranged regulations.

“No chance of a fair trial”

The MDP has claimed there is no chance of a fair trial in the Maldives for former President Nasheed, and Nasheed’s legal team have complained about the “extraordinary way” the trial is being conducted.

President Nasheed’s legal team said they had not received official notifications from the court about trial dates., and were instead learning this information from local media reports.

“Moreover, in an unprecedented move, the Judicial Services Commission, which includes President Nasheed’s political rivals (such as resort tycoon and Jumhoree Party (JP) leader Gasim Ibrahim), have hand-picked a panel of three magistrates to oversee the case, whose names have been kept secret. This is in breach of normal practice and in violation of the Judicature Act,” the party stated.

“The coup has not been fully completed,” said MDP spokesperson Hamid Abdul Ghafoor. “There is no point bringing President Nasheed down in a police mutiny if he then goes on to win presidential elections 18 months later. To ensure its survival, Mr Waheed’s regime needs to remove President Nasheed from the political equation and that is precisely what they intend to do.”

He noted that the UN Human Rights Committee, the International Commission of Jurists, Amnesty International, FIDH, and the Commonwealth had all have expressed concern over the independence and competence of the Maldivian judiciary and called for reform.

Police used force despite Nasheed not showing resistance: Aslam

Former Minister of Housing and Environment, who had accompanied Nasheed on the police boat along with MDP MPs Imthiyaz Fahmy and Ilyas Labeeb, told Minivan News on Monday that Nasheed had not shown any resistance to being arrested, but the police had used undue force in the arrest.

Aslam further said that the police had forced themselves into the house, damaging property in the process. He further said that the police had “pushed around” people inside the house.

In addition to riot guns, Aslam also alleged that police had been carrying firearms.

“We also later on knew that they had pistols. I don’t know what sort of pistols they were. But we saw them packing them away after escorting us on to the boat,” Aslam said.

MDP Chairperson ‘Reeko’ Moosa Manik gave a press briefing following a visit to Nasheed in Dhoonidhoo on Tuesday afternoon, stating that the former president was being kept in detention outside of the normal systems and deprived of his freedoms. He said that he condemned the police treating Nasheed “like a convicted criminal”.

No force used after Nasheed was brought to Dhoonidhoo: PIC

Police Integrity Commission (PIC)’s Vice President Abdullah Waheed confirmed Tuesday that a three member team had visited Dhoonidhoo on Monday night following Nasheed’s transfer to the detention centre.

Speaking to Minivan News, Waheed said that observers had not accompanied the police who had travelled to FaresMathoda to arrest Nasheed, but had stayed at Dhoonidhoo from the time he was brought until midnight.

“During their visit to Dhoonidhoo, our team did not see any force being used against Nasheed,” Waheed said.

“We have not received any complaints from anyone alleging anything was done wrong by police during Nasheed’s arrest,” Waheed said, adding that the commission only looked into matters when an official complaint was filed.

Vice President of Human Rights Commission of the Maldives (HRCM) Ahmed Tholal confirmed to Minivan News that himself and the President of HRCM Mariyam Azra had made a visit to Dhoonidhoo last night in relation to Nasheed’s arrest.

He said that more information could be provided following a commission members meeting, but did not respond to calls later.

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Maldives delegate to UN General Assembly call for assistance in fighting climate change

The Maldives delegate to the 67th session of the United Nations General Assembly (UNGA), Hassan Hussain Shihab, has appealed to larger nations to commit themselves towards more clean and renewable forms of energy in order to reduce carbon emissions.

The Ministry of Foreign Affairs reports that Shihab told those at the assembly in New York that the Maldives was doing all it could to build resilience to the effects of climate change.

He said that the Maldives government was currently spending more than 27 percent of its national budget, suggesting that a small country such as the Maldives could not overcome these issues alone.

He also highlighted the Maldives commitment to implementing the decisions made at the recent Rio +20 conference on sustainable development,  expressing hoping that progress would be made during the current UNGA towards on issues relevant to Small Island Developing States (SIDS).

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President received Indian and Danish dignitaries

President Dr Mohamed Waheed Hassan was visited yesterday by both the Danish Ambassador to the Maldives, Freddy Svane, and the General Officer Commanding in Chief of Southern Army Command of India, Lieutenant General A K Singh.

The President’s Office website reported that Waheed had discussed human rights, the rule of law, the environment and democracy during his meeting with the Danish ambassador.

Both local media and the Maldivian Democratic Party (MDP) stated that the Danish Ambassador was scheduled to meet former President Mohamed Nasheed on his southern trip yesterday before Nasheed was arrested and taken to Dhoonidhoo before today’s court hearing.

Former Minister of Finance and Treasury Mohamed Shibab confirmed that there was a meeting between the ambassador and the party yesterday evening in Male’, although he could not reveal any specific details.

Lieutenant General AK Singh was said, by President’s Office spokesman Masood Imad, to have met with Waheed to explore those areas in need of assistance regarding security and disaster management.

Masood also said that some plans for exercises and training were to be carried out in collaboration with the Maldives National Defence Force (MNDF).

MNDF Colonel Abdul Raheem said that the senior delegation from the Indian military will be travelling to the southern atolls, and will today visit Gan.

President Waheed underlined the importance of cooperation and sharing of resources in order to maintain security in the region.

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Hundreds demonstrate in capital after former president placed in detention

Additional reporting by Mariyath Mohamed and Daniel Bosley

Hundreds of protesters gathered near the President’s Office in Male’ on Monday night as close family and legal representatives of former President Mohamed Nasheed left to visit him at the Dhoonidhoo detention facility, where he is being kept ahead of his trial on Tuesday afternoon.

The country’s first democratically elected president was taken into police custody yesterday on the island of Fares-Mathoda in Gaaf Dhaal Atoll after the Hulhumale Magistrate Court issued a warrant for his arrest and presentation in court on Tuesday October 9.

The issuing of the warrant – exactly seven months after Nasheed’s ousting – follows his defiance of a court-ordered travel ban outside the capital Male’, and two court summons.

The Maldives Police Service confirmed to Minivan News that it had been ordered to detain Nasheed and present him at his trial in Male’ at 4:00pm today, but added that no order had been received to keep him in custody beyond the hearing so far.

Leaving to meet Nasheed last night, his wife Laila Ali, several close family members, and a handful of legal advisers travelled to Dhoonidhoo  at 10:15pm to cheers and chanting from a vocal group of around 500 to 600 supporters. The demonstrators had gathered behind temporary police barricades set up by the main Bank of Maldives building in the capital.

Demonstrators had been gathering since about 9:30pm as police set up blockades around the roads surrounding the President’s Office building on Boduthakurufaanu Magu.

Tensions during the evening were mostly evident in vocal exchanges between protesters on the front line and the 20 to 30 police officers assigned to man the blockades, who faced heckling and jeering from the crowds.

“You are only protecting certain individuals in this country,” one protester shouted angrily.

An police officer on the front lines responded that he was there to protect everyone. The jeering and chanting continued throughout the evening.

By 10:30pm, Minivan News observed some minor scuffles as police attempted to force the several hundred demonstrators back behind temporary barriers to chants of “free Nasheed” by the gathered crowd.  However, violent clashes with authorities were minimal during the gathering.

Senior officials of MDP were among the demonstrators, with MDP MP Imthiyaz Fahmy and parliamentary group leader Ibrahim Mohamed Solih on the front-lines of the gathering.

Police Spokesperson Sub-Inspector Hassan Haneef said the demonstrations, which concluded at around midnight, were conducted peacefully and without any arrests.

“There were three barricades that were thrown into the water by the Bank of Maldives building, but no one had been arrested as a result,” he said.

Minivan News observed a small number of riot police in helmets later gathering behind police lines, but these officers were not deployed, as protests died down soon after midnight.

Also present earlier in the evening was former Minister of Environment Mohamed Aslam, who had travelled with Nasheed during the day after he had been detained by police.

Speaking to Minivan News, Aslam said Nasheed had requested he be returned to his home in Male’ under police custody ahead of his trial, rather than the detention centre at Dhoonidhoo.

The request was rejected by authorities, with Nasheed being dropped off at Dhoonidhoo, where representatives from the Human Rights Commission of the Maldives (HRCM) were said to be present.

While being returned to the capital yesterday, Aslam alleged that a foreign national, whom he believed to be from the India, was also travelling with police, saying he had requested to be transported back to Male’.

“I would say it is highly irregular to have a foreign person on a police boat in such a situation,” he claimed.

Discussing Nasheed’s arrest, Aslam said that after meeting with members of the public on Fares-Mathoda, Nasheed and his entourage returned to the former environment chief’s home on the island after it had been confirmed that a police force had landed nearby.

“These were police armed with riot guns gathered by my home,” he said.

Upon requesting entry to the building and showing an arrest warrant for Nasheed, Aslam said he had asked officers for a few minutes to discuss the situation with the former president.

“As soon as I turned around they had forced their way into the building and begun shoving us around,” he said. “As they forced there way in they also pushed me onto a glass table that broke, fortunately I wasn’t badly hurt from this.”

As police forced themselves into several rooms before locating Nasheed, Aslam claimed that the former president did not resist arrest. The former environment minister said that he was however unable to confirm reports that Nasheed had been pepper sprayed by officers, adding that he did not see such an incident at the time. He claimed to have seen some form of unidentified firearms being packed away by police after they left Fares-Mathoda.

Aslam said he had opted to travel with Nasheed they were transported to larger boat off the island to return to Male’. Along the way he added they had stopped for lunch, at which point it was announced that Nasheed was to be taken to the Dhoonidhoo detention facility.

Speaking to Minivan News yesterday, President’s Office Media Secretary Masood Imad said the government had wished to avoid any direct involvement in Nasheed’s detention and trial, referring any requests on the matter to police and judicial authorities.

“We have asked the Maldives Police Service to notify media of any developments.  The President’s Office wishes to stay clear of this matter,” he said at the time. ”We know as much as the [media] about developments right now.”

Masood added that, despite allegations raised by the MDP concerning alleged use of excessive force to seize the former president, police authorities had insisted officers had acted with restraint.

“I’m told [Nasheed] asked for a box of cigarettes, a request that [officers] granted.  He was given Benson and Hedges as I understand,” Masood said.

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Nasheed treated like “a fugitive”, MDP tells New York Times

The former president of the Maldives, Mohamed Nasheed, was detained on Monday for failing to turn up for a court hearing in a case involving the unlawful arrest of a High Court judge when Mr Nasheed was president, writes Sruthi Gottipati for the New York Times.

Mr. Nasheed was arrested by the police while on a campaign stop in Fares-Maathodaa island, one of the 1,200 islands that make up the tiny Indian Ocean nation of the Maldives, ahead of the presidential elections in July next year.

While there’s little argument that the police took Mr. Nasheed into custody, there’s plenty of disagreement concerning the manner in which it took place.

Mr. Nasheed’s supporters said he had just eaten breakfast at a party member’s home when masked police broke into the house armed in full riot gear, spewing obscenities, and swept the former president out in what his supporters contend was a politically motivated move solely aimed at stopping him from campaigning.

Maldivian Democratic Party workers said that former ministers and aides in Mr. Nasheed’s government who were in the house were pepper-sprayed and violently dragged out.

“You could only see their eyes,” said Hamid Abdul Ghafoor, the spokesman for Mr. Nasheed’s party, describing the police who he said had burst in to brutally arrest their party leader. “They wanted to make it look like they were catching a fugitive.”

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Government bans smoking in public places

The government has published new regulations to control tobacco, banning smoking inside all government buildings, private restaurants, cafes, teashops and social spaces.

The regulation prohibits smoking at Rehabilitation Centres, children’s parks and places frequently visited by children, aboard ferries and ferry terminals and at any place where people have to wait in a queue to obtain services.

According to the new regulation places such as cafes and restaurants that want to have smoking allowed will have to apply for permission from the Ministry of Health. The permission will be granted to places determined by the Ministry.

Any person who smokes in an area determined to be non-smoking can be fined to MVR 500 (US$32) and the owner of a place that allows smoking in such places without authority can be fined MVR 1000 (US$64) according to the regulation.

The regulation states that if the owner of the premises has not put up the sign board to inform that smoking inside the place is disallowed, the ministry has the authority to fine the venue MVR 500 first time and MVR 5000 (US$3200) on further occasions.

The Centre for Community Health and Disease Control (CCHDC) estimates that the 44 percent of the total population use tobacco, mainly by smoking.

According to the Maldives Demography and Health Survey (MDHS) 2009, 42 percent of people in the age group 20-24 are smokers while 20 percent of 15-19 years age group smoke.

Customs data shows that in 2010 alone 346 million cigarettes were imported into the Maldives at a cost of MVR 124 million (US$8 million) – a disproportionate figure considering the 350,000 populace. In 2009, MVR 110 million was spent to import 348 million cigarettes – mostly included well-known brands such as Marlborough, Camel, and Mild Seven.

The first President of the Maldives Ameen Didi, who assumed office in 1953, banned tobacco in the Maldives. However, people were outraged over this decision and a group of rebellious citizens overthrew his government and lynched Didi in the street.

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