Government sends out letters to international stakeholders with demonstrably false claims

Letters from the government to stakeholders in India as well as the UN High Commissioner for Human Rights concerning the trial and conviction of former President Mohamed Nasheed contains several demonstrably false claims.

An open letter dated March 19 – sent from the Maldives High Commission in India to major political actors – along with a letter from Foreign Minister Dunya Maumoon to the UN High Commissioner for Human Rights were recently leaked online and reported on by local media.

A ‘Timeline of key events in the trial’ in the letter to Indian stakeholders read: “On 23 February 2015, former President Nasheed was given the opportunity to appoint legal counsel, when he was presented before the judge of the Criminal Court for a procedural remand hearing in relation to the amended and re-filed charges.”

“His legal team was not present at this hearing because they had failed to register themselves as per Criminal Court regulations.”

The claim is false as Nasheed was arrested around 2:30pm on February 22 and brought to the Criminal Court for the first hearing of the terrorism trial at 4:00pm the next day, where charges were read out and he was given three days to appoint lawyers.

Nasheed’s lawyers held a press conference at noon on February 23, announcing they were unable to represent the opposition leader, as the Criminal Court had told them they should have registered two days in advance despite being unaware of the trial until the opposition leader’s arrest the previous day.

Moreover, while remand hearings take place within 24 hours of an arrest, Nasheed was brought to court after the 24-hour period lapsed.

At the same hearing, judges ruled Nasheed be held in a location determined by the Home Ministry until the end of the trial. He was subsequently held in police custody at the Dhoonidhoo Island Detention Center.

The High Commission’s letter also justified Criminal Court’s refusal to grant adequate time to prepare for defence stating the court “determined that all the relevant documents relevant for the defence had been issued as far back as mid-2012, and that no new evidence was being put forward by the state prosecutors.”

But Nasheed’s defence team quit half-way through the trial after they were unable to view documentary evidence submitted by the state as some evidence CDs were left blank or were dysfunctional.

“The court repeatedly reminded former President Nasheed to engage legal counsel or the bench would consider that he waived his right to counsel, but advised former President Nasheed that he could engage counsel at any time,” the High Commission’s letter stated.

However, in subsequent hearings, the court refused Nasheed’s repeated request for between ten and 15 days to appoint new counsel and concluded proceedings four days later.

“Rushed process”

Meanwhile, a letter from Foreign Minister Dunya Maumoon to UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein was also leaked online.

In a statement on March 18, the UN human rights chief said Nasheed was convicted after “a rushed process that appears to contravene the Maldives’ own laws and practices and international fair trial standards in a number of respects.”

Asserting the independence of the Prosecutor General and judiciary, Dunya insisted that criminal proceedings against Nasheed were fair, transparent and in accordance with the Constitution.

“I can therefore assure Your Excellency that the independence of the judiciary and the fairness of due legal process remain as sacrosanct in the case against [Nasheed] as they would for any other Maldivian citizen,” the letter stated.

“I can also further assure Your Excellency that the government of Maldives will continue to ensure the inviolability of a citizen’s right to a fair trial, insulated from political interference.”

Dunya also falsely claimed that Nasheed was presented before the Criminal Court on February 23 for a remand hearing.

“His legal team was not present at this hearing because none of them had registered their right of audience for the case,” the letter stated.

While the High Commissioner stated that Nasheed was “constrained from calling witnesses” and noted a conflict of interest as “judges in the case as well as the Prosecutor General were witnesses in the investigation,” Dunya claimed both points were “indeed incorrect.”

Dunya said Nasheed had called two of the presiding judges and the PG as witnesses for the defence.

“Mr Nasheed’s request was naturally overruled by the bench on the basis that these officials could not be called as witnesses on evidentiary rules of relevancy and probative value,” the letter stated.

The PG, and two of the three presiding judges were at Judge Abdulla’s home at the time of his arrest and had testified in a 2012 Human Rights Commission of the Maldives investigation. The PG’s case is built on the HRCM investigation.

Conspiracy

The government meanwhile denied a “conspiracy to unwarrantedly convict” Nasheed to prevent the opposition leader from contesting the 2018 presidential election.

In the open letter to stakeholders in India, the government also assured that Nasheed was “afforded a free and fair trial in full accordance with the Constitution and laws” contrary to “speculation and misrepresentation of facts” by the opposition Maldivian Democratic Party (MDP).

It suggested that Nasheed’s participation in the 2013 presidential election “amply proves there are no conspiracy theories to eliminate him from the political arena.”

The administration of President Abdulla Yameen could “neither interfere nor influence” any decision by the independent Prosecutor General or the judiciary, it added.

“The independence of the judiciary and the fairness of due legal process have been as sacrosanct in the case against former President Nasheed as they would have been for any other Maldivian citizen. The Maldives government will continue to ensure the inviolability of a citizen’s right to a fair trial, insulated from political interference,” reads the letter.

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Foreign minister slams alleged attempts to place Maldives on CMAG agenda

Foreign Minister Dunya Maumoon has slammed alleged attempts to place Maldives on the formal agenda of the Commonwealth Ministerial Action Group (CMAG) over former President Mohamed Nasheed’s trial on terrorism charges.

Speaking to the press at the President’s Office today, Dunya accused unnamed “foreigners” working alongside local opposition politicians of pushing for CMAG action against the Maldives on the grounds that the opposition leader’s trial was unlawful and unfair.

Nasheed’s trial was proceeding in accordance with laws and regulations, Dunya insisted, arguing that the “issue does not necessarily have to be taken to CMAG.”

Dunya also claimed there was “no international pressure” regarding Nasheed’s trial, stating that other countries would not be allowed to meddle with Maldives’ domestic affairs.

“CMAG placed us on their agenda in 2012. We believe it was not the best action and CMAG also has the same views,” said Dunya.

“Commonwealth does not want to go through the same experience. It was a bitter experience.”

Nasheed is  presently on trial at the Criminal Court over the military detention of Criminal Court Chief Judge Mohamed Abdulla in 2012.

If convicted, the opposition leader faces ten to 15 years of imprisonment or banishment.

Meanwhile, a ruling Progressive Party of Maldives (PPM) MP has proposed amendments to the Prisons and Parole Act that if passed would effectively strip Nasheed of his party membership.

Also speaking at the press conference today, Attorney General Mohamed Anil – who recently flew to Sri Lanka to brief diplomatic missions about Nasheed’s prosecution – said the international community raised a number concerns.

Anil revealed that foreign diplomats inquired as to why the charges against Nasheed were abruptly changed from arbitrary detention to terrorism, while sharing concerns over the swift speed of trial proceedings.

The attorney general said the Maldives delegation responded by explaining that the Judge Abdulla’s detention was not arbitrary detention as he was neither presented at court within 24 hours nor released despite several court orders.

Anil also dismissed Nasheed’s legal team’s claim of insufficient time for preparation, arguing that his lawyers have had access to the prosecution evidence and witness testimony since 2012. The only difference was the charge of terrorism, he said.

Dunya meanwhile said that she recently briefed numerous diplomats regarding the trial during trips to Geneva and the United Kingdom, including Minister of State for the UK’s Foreign and Commonwealth Office Hugo Swire.

Swire had previously released a statement stressing the importance of following due process and respecting Nasheed’s rights “for international confidence in the Maldives.”

“It is also incumbent upon the Government of Maldives to ensure his safety. We urge calm right across Maldives and we encourage all parties to act with moderation and restraint,” he said.

“The UK will continue to monitor the situation closely.”

Maldives was previously placed on the formal agenda of CMAG after Nasheed controversially resigned in February 2012 in the wake of a police mutiny.

Pro-government MPs at the time alleged that the Commonwealth was being bribed by opposition supporters, with MP Riyaz Rasheed claiming that the United Kingdom was “not a democracy” and that the queen was “physically challenged.”

After the Commonwealth Secretary-General released a statement last month expressing concern with denial of legal representation to Nasheed, Dunya issued a counter-statement expressing regret with “the strategic misrepresentation of basic facts in the Secretary General’s statement.”

“I wish to recall that the Commonwealth Secretariat had misread the situation in the Maldives once before, in 2012 and presented it to the CMAG, which took punitive measures against the country,” Dunya said.

“The Maldives, however, emerged from the situation vindicated by the CoNI Report. The government is hopeful that the Commonwealth will not repeat the same mistakes again.”


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EU, UN join international chorus of concern over Nasheed’s arrest, terrorism trial

The United Nations (UN) and European Union (EU) have joined a growing international chorus of concern over former President Mohamed Nasheed’s arrest and surprise trial on terrorism charges.

In a statement today, the UN urged “fairness and transparency in regards to the legal proceedings” against the former president.

The Assistant Secretary-General for Political Affairs, Jens Toyberg-Frandzen in a telephone conversation with Foreign Minister Dunya Maumoon, “stressed the need for full respect for due process and transparency” in Nasheed’s trial.

He also appealed to the government to allow peaceful political dissent and to engage with the opposition in the interest of long-term political stability in the Maldives, the statement read.

At a first hearing yesterday, a visibly injured Nasheed appeared in court with his arm in a makeshift sling and repeatedly asked for medical attention and legal counsel.

Presiding Judge Abdulla Didi denied Nasheed bail and gave him three days to appoint a lawyer and answer charges.

The former opposition leader is to remain in police custody until the conclusion of the terrorism trial over the January 2012 detention of Criminal Court Judge Abdulla Mohamed.

The EU Heads of Mission and Ambassadors of Norway and Switzerland in Colombo in a statement this evening said the delegation was “very concerned” over Nasheed’s arrest and was seeking clarification as to the nature of the terrorism charges.

“Equally, reports of former President Nasheed having effectively been denied appropriate legal representation at the court hearing on 23 February 2015, are of great concern,” the statement read.

“The EU Delegation reiterates the importance of respect for democratic principles, including respect for the rule of law, for the Constitution, for due legal process and for the independence of the judiciary.”

Foreign Minster Dunya Maumoon has hit back at the UN, and previous statements by the Commonwealth and Canada, expressing disappointment over what she called biased statements.

“Those who prefer to issue public statements about an on-going legal case, or on a domestic political situation, are advised to do a basic fact-check, before bandwagoning on to accusations made by a political party,” a press release by the Foreign Ministry this afternoon said.

Dunya insisted the police followed due process and standard procedure in arresting Nasheed and presenting him at court.

“The Government of President Abdulla Yameen Abdul Gayoom will not take instructions from a foreign government on any issue in governing the country,” she said.

She urged foreign countries and international organisations to “refrain from acts and signals that could undermine the sovereignty of independent states,” and said President Abdulla Yameen’s government “will implement to the letter, the decisions and verdicts of the Courts.”

It added that Nasheed was arrested with a court warrant and presented before a judge within 24 hours in accordance with “normal procedure,” after which the judge granted the former president the opportunity to appoint a lawyer.

However, Nasheed was brought to court more than 24 hours after the arrest for the first hearing of a trial on terrorism charges, rather than a remand hearing.

Meanwhile, the Asian Centre for Human Rights has called “upon the United States, European Union, India, Singapore and others to impose a travel embargo on Prosecutor General Muhthaz Muhsin and presiding Judge Abdulla Didi for the illegal arrest and detention of Mr Nasheed.”

“The arrest and detention of former President Nasheed on terrorism charges is a grotesque act of political vendetta. The accountability of Prosecutor General Muhsin and Presiding Judge Didi must be established, including under universal jurisdiction for meting out torture, inhumane and degrading treatment to former President Nasheed in the court premises,” stated the ACHR’s Director Suhas Chakma.


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First meeting on Chinese tourist safety held

The first convening of the ‘Joint Meeting Mechanism’ to discuss the safety and security of Chinese tourists in the Maldives has been held between foreign minister Dunya Maumoon and Chinese Ambassador Wang Fukang.

Dunya spoke of the importance of strengthening tourism ties between China and the Maldives and stressed the significance of the joint mechanism to facilitate a line of communication regarding the safety of Chinese tourists, reported the foreign ministry.

“Ambassador Wang Fukang thanked the Government of Maldives for the coordination and cooperation extended in ensuring a safe environment to the Chinese tourists in the Maldives,” the statement read.

The meeting was attended by senior officials from the Maldivian foreign service and the embassy of China, along with representatives from the tourism ministry, the immigration department, the police, the Maldives Customs Service, as well as relevant tourism industry groups.

The joint mechanism was agreed under an MoU signed during Chinese President Xi Jinpeng’s official visit to the Maldives in September 2014, during which President Abdulla Yameen expressed his hope Chinese visitors would increase three-fold over the next four years – which would mean nearly one million Chinese visitors a year.

While one Chinese tourist was killed in a motorcycle collision in the capital last year, the majority of casualties are related to water sports – most often drowning.

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ARC condemns “systematic flaws” after death of Rakeedhoo toddler

Local child protection NGO Advocating the Rights of Children (ARC) has condemned “systematic flaws” in child protection systems following the death of a three-year-old boy in Vaavu Rakeedhoo.

ARC called on the state to enhance protection measures without delay after it emerged that authorities had been made aware of the regular abuse suffered by Mohamed Ibthihaal prior to his death.

“ARC remains deeply concerned about the systematic flaws in the child protection system in the country, and that cases of child abuse continue to be neglected and overlooked due to the deficiencies in the legal, judicial and social sectors tasked with the promotion and protection of the rights of the child in the Maldives,” read the statement.

Ibthihaal’s body was found in his home just before midday yesterday (January 28), with locals describing severe bruising to his left ear and genitals.

Police have revealed that the mother has been taken into custody after the Criminal Court produced a warrant. Haveeru has reported multiple island sources as saying that she has confessed to the killing.

Rakeedhoo Island Councillor Abdulla Rasheed told Minivan News that officials from the Ministry of Law and Gender were also on the island, while the victim’s siblings were in the care of their grandmother on another island.

History of abuse

ARC’s statement revealed that it had been unable to receive information from the ministry on the case, though the island council has said the ministry was aware of the mother’s record of abuse.

The gender ministry has yet to release any statements on the incident, though the Family Protection Authority has today denied having any prior knowledge of the case.

ARC has been joined by Minister of Foreign Affairs Dunya Maumoon today in welcoming the launch of investigations into the Rakeedhoo abuse case.

Dunya stated that the death of the boy once again underscores the critical need to strengthen the national child protection mechanism and highlights the absolute vulnerability of children in society, read a foreign ministry press release.

“Every child is a precious gift from God who makes our lives joyous and wholesome, and it is our duty to protect and safeguard them” said Dunya.

Never again

ARC called upon the government to update legislation on child protection, noting that the state is obliged under international law to assure the protection of children.

“ARC strongly urges the Government to conduct an assessment of the State’s capacity to respond and react to cases of abuse with a specific view to enhance the child protection system by providing sufficient resources to Family and Children Service Centres (FCSC) in the Atolls, and to establish an effective monitoring mechanism to ensure the safety of children who are removed from their home environment.”

The NGO noted that the existing legislation on child rights was adopted in 1991, calling on the government to submit the draft Child Protection Bill to the People’s Majlis at the earliest opportunity.

As members of the public prepare to hold a rally in support of child protection tomorrow afternoon in Malé, ARC arranged an event titled ‘Break the Silence on Child Abuse’ at the Youth Centre in the capital.

The event – held between 5pm and 6pm – is seeking to raise awareness of the role individuals can play in preventing child abuse.

“In the wake of this horrific incident, ARC invites everyone to attend this event and vow to fulfill our individual responsibility to work together to ensure that never again will such an atrocity be committed against children in our country,” read a statement regarding the event.

The NGO has also called upon media to observe ethical practices by not publishing pictures or personal details of the victim.

Pictures taken of Ibthihaal just weeks ago by a local photographer has been used widely in the coverage of the case (see main picture), but some outlets have today published images of the boy’s dead body.

(PHOTO: IBRAHIM ASAD)



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We should not surrender to climate change: Dunya Maumoon

“This month a team of scientists reported that melting ice caps and glaciers due to climate change are causing oceans to rise more drastically than previously calculated,” writes foreign minister Dunya Maumoon for the UK’s Guardian newspaper.

“The news is particularly troubling for my country, the Maldives — the world’s lowest lying island chain — and for other coastal and island nations that sit just metres above sea level.

In fact, saltwater has already begun to contaminate our groundwater supplies, while erosion is wearing away our shores.

And even as the water rises around us, the cruel irony of climate change was driven home last month when a fire shut down our capital island’s only desalination plant, leaving its 100,000 inhabitants in a precarious situation.

Within hours, some of our closest neighbours and partners, including India, Sri Lanka and China, had mobilised shipments of water to get us through until the plant was repaired. Our own private sector, non-governmental organisations, and other civil society groups pitched in, working with the government, and proving that everyone in the society has a role to play in addressing crises.

Tackling climate change over the long term will obviously demand concerted action at a much more substantial scale over decades.

But we should not surrender to the notion that it will be impossible. Recent studies have confirmed that existing technologies, such as energy efficiency, renewable power, and smart policies can rapidly reduce emissions, while bringing important co-benefits, such as improved public health and energy and water security.”

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Foreign Minister calls for greater resilience to climate change impacts

Minister of Foreign Affairs Dunya Maumoon has called on the Maldives to build individual and collective resilience to face rising seas and extreme weather events associated with climate change.

In a statement issued on Friday commemorating the tenth anniversary of the 2004 Indian Ocean Tsunami, Dunya said: “Floods and rising sea levels threaten the loss of our livelihoods, our homes, our cultures and our very existence.”

“The words of scientists that have for years warned of frequent natural disasters due to climate change, are undoubtedly proving to be true.”

The Maldives must take action at home to build resilience, and continue to urge other countries to do their part to combat climate change, Dunya said.

Although the Maldives has urged the international community to reach a strong and legally binding agreement to reduce carbon emissions, President Abdulla Yameen’s administration has begun exploring for oil in the Maldives.

In October, Fisheries Minister Mohamed Shainee said a research vessel has found hydrocarbon source rock in the Maldives.

December 26 is marked in the Maldives as National Day of Unity to celebrate the collective tsunami relief effort.

“What we saw that day was the true spirit of oneness, our common history and the bonds that bind us together like no other,” Dunya said.

At a ceremony to mark the tenth anniversary of the tsunami on Thursday, Housing Minister Dr Mohamed Muizz admitted government negligence in the delays in constructing permanent housing.

Muizz said the government has now completed a majority of the 338 remaining houses for families made homeless by the tsunami. He claimed there are no families living in temporary shelters at present.

The 338 houses include 41 on Thaa Atoll Madifushi, 87 on Gaaf Alif Dhaandhoo, 50 on Gaaf Alif Nilandhoo, 76 on Gaaf Alif Vilingili and 84 on Gaaf Alif Maamendhoo.

Only 51 houses remain unfinished. These include one house on Dhaandhoo, five on Nilandhoo, 12 on Villingili, and 33 on Maamendhoo.

Muizz said the government hopes to complete all houses by the end of 2014.

The housing projects in Thaa and Gaaf Alif atolls were initially commissioned to Maldivian company Vimla and an unnamed foreign company.

The government this year handed over the projects to the Maldives National Defense Forces (MNDF), state-owned Maldives Transport and Contracting Company, the Maldives Road Development Company, and several local companies.

The government is to give these families a grant of MVR 25,000 to buy furniture as they move into their new homes.

In his speech, Muizz also claimed the opposition had obstructed the construction of the permanent housing by vandalising buildings. He did not provide additional details.

President Yameen at the National Day of Unity function urged Maldivians to control negative emotions such as anger, hatred and envy in order to work towards sustainable unity.



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Dunya thanks foreign partners for help during water crisis

Minister of Foreign Affairs Dunya Maumoon has written to the foreign ministers of India, China, Sri Lanka, Bangladesh, Japan, Singapore, and Malaysia to express gratitude for assistance given during the recent water crisis.

“The people and the Government of Maldives are heartened by the strong show of solidarity and humbled by the generosity of our friends,” wrote Dunya.

“With your kind support and the resilience of the Maldivian people, the crisis has been resolved and normal water supply has resumed.”

Relief efforts included the arrival of fresh water supplies in multiple Indian military aircraft as well as passenger aircraft from China and Sri Lanka. Additionally, India sent two naval vessels, with China and Bangladesh also sending ships.

Singapore provided technical assistance in repairing the damaged panels in the Malé Water and Sewerage Company’s desalination plant after a December 4 fire left 130,000 people in the capital without running water for 7 days.

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President and foreign minister express support for Palestinian statehood

President Abdulla Yameen has reiterated the Maldives’ support for the establishment of a Palestinian State on yesterday’s International Day of Solidarity with the Palestinian People.

“Acknowledgment and recognition alone are powerful gestures which can facilitate an international norm,” said Yameen.

“The Maldives welcomes all efforts towards this goal, during the International Year of Solidarity with the Palestinian People. We hope to see a future where Palestine emerges as a State with full recognition from the United Nations.”

First observed in 1977, Palestinian solidarity day falls on November 29 as, on that day in 1947, the General Assembly adopted of the  ‘Partition Resolution’, which provided for the establishment in Palestine of a ‘Jewish State’ and an ‘Arab State’.

Minister of Foreign Affairs Dunya Maumoon also released a statement yesterday, condemning Israel’s “horrific violence” and describing the world’s inability to prevent it as the “greatest failure of modern times”.

“Seventy years ago, the world built institutional mechanisms to mitigate conflicts and to address the atrocities of our times. They constructed pillars that represented the very ideals of humanity and hope for a world free from violence and carnage,” said Dunya.

“They reflect a united effort of the international community to find a prosperous world for our future generations. Yet, the Palestinians continue to be victims of an unjust occupation that violates their very right to a life free from fear and violence.”

UN Secretary General Ban Ki-Moon also marked the occasion with a call “to step back from the brink.  The mindless cycle of destruction must end.  The virtuous circle of peace must begin.”

“The scale of the destruction by the Israeli military has left deep questions about respect for the principles of distinction and proportionality, and generated wide calls for accountability,” he continued.

“The Israeli and Palestinian people face a shared fate on shared land. There is no erasing the other. Yet I fear deeply that with each passing day the people of the region are losing any sense of connection – any sense of empathy – any sense of mutual understanding of our common humanity and common future.”

Maldivian solidarity with the Palestinian people was aptly demonstrated during the Israeli aggression in Gaza this year, in which over 2000 people were killed in 7 weeks – the vast majority of them Palestinians.

An unprecedented 33-hour telethon was one of a number of fund-raising events in August which saw US$1.4 million donated to victims of the war in Gaza.

President Yameen noted yesterday that Palestinian rights remained a key part of the Maldives’ foreign policy.

“As a responsible member of the United Nations Human Rights Council, the Maldives will continue to vociferously advocate the cause of Palestine, and our people stand united as one in support of the brotherly people of Palestine”.

Re-elected to the Human Rights Council last year, the Maldives has pushed to retain agenda item seven – ‘the human rights situation in Palestine and other occupied Arab territories’ – on the council’s agenda.

“The Maldives is appalled by Israeli’s systemic aggression: horrific violence that continue to occur with no heed for international law, and actions that blatantly violate the fundamental principles of international humanitarian and human rights law,” said Dunya.

“We believe that the people of Palestine have experienced far too many losses. History has repeated far too many times.  A peaceful solution to the case of Palestine is an immediate necessity.”



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