Democracy Network alerts Special Rapporteur on Independence of Judges on Nasheed’s sham trial

Human Rights group Maldivian Democracy Network (MDN) has urged the UN Special Rapporteur on the Independence of Judges and Lawyers to investigate the jailing of former President Mohamed Nasheed on terrorism charges.

The “independence of the judiciary has been lost,” MDN said in a letter to Gabriela Knaul, stating President Abdulla Yameen was using the judiciary as a tool to “oppress the opposition.”

“We fear that without timely intervention, the country will complete its slide back to autocracy. We strongly urge you to investigate the matter further and issue a public statement denouncing this flagrant abuse of rights being perpetuated through the Maldives’ judiciary,” the letter read.

MDN called upon the international community to take serious measures to prevent further human rights violations at the “helm of a corrupt judiciary.”

The former president was convicted of terrorism and sentenced to 13 years in prison last night (March 13) over the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

Nasheed’s administration detained Judge Abdulla after deeming him a national security threat. Then- Home Minister Hassan Afeef accused the judge of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

Delivering the guilty verdict last night, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed ordered the chief judge’s arrest or “forceful abduction.”

The NGO described the trial as a “political tool designed to disqualify him from contesting future elections and silence his voice of political opposition,” noting that the trial took place at an “uncharacteristically extreme speed.”

“The systematic procedural irregularities in the current proceedings demonstrate that the current charges against Nasheed are a continuation of the same campaign to disqualify him from political office and effectively silence his political dissent in the Maldives, using a corrupt and biased judicial system to realise this goal,” said MDN.

All four of Nasheed’s lawyers quit on March 9 in protest of the Criminal Court’s refusal to grant sufficient time to examine the prosecution’s evidence and mount a defence.

The presiding judges had denied the lawyers’ request for adequate time, stating the legal team has had the case documents for three years.

Meanwhile, the Human Rights Commission of the Maldives (HRCM) said today Nasheed “was denied fundamental rights which guarantee a fair trial by the constitution, and some rights granted by the International Covenant on Civil and Political Rights.”

HRCM noted that the Criminal Court denied requests made by the commission to observe trials.

Advocacy group Transparency Maldives (TM) also expressed “grave concern” on the guilty verdict, stressing Nasheed was denied legal representation, right to appeal and adequate time to build a defence against new terror charges.

TM also noted that the “serious issues of conflict of interest were prevalent in the case” with two of the three judges presiding over the case having provided statements during the investigation.

“These procedural irregularities raise serious questions about the fairness, transparency and independence of the judicial process followed and the provision of the accused’s inalienable right to a fair trial,” read a TM statement today.

TM called upon state actors to “uphold democratic principles and international conventions”, while urging the public and law enforcement agencies to “exercise restraint and calm in order to mitigate further deterioration of the security situation in the Maldives.”

Knaul had previously expressed concern over lack of due process in a 2012 trial in which Nasheed had been charged with “arbitrarily detaining” Judge Abdulla at the Hulhumalé Magistrate Court.

Knaul questioned the constitutionality of the magistrate court and the appointment of the three-judge panel, “which seems to have been set up in arbitrary manner, without following procedures set by law.”

“It is indeed difficult to understand why one former President is being tired for an act he took outside his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” wrote Knaul, in her report to the UN Human Rights council following her mission in Maldives in February 2013.

Prosecutor General Muhthaz Muhsin in February withdrew the lesser charges and re-prosecuted Nasheed on harsher terror charges.

The United States, United Kingdom and the European Union have expressed concern with the lack of due process, while Amnesty International said Nasheed’s sentencing “after a deeply flawed and politically motivated trial is a travesty of justice.”


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PPM accuses international community of “double standards and hypocrisy” in Nasheed’s trial

The ruling Progressive Party of Maldives (PPM) has condemned the international community’s “hypocrisy and double standards” with regards to an ongoing terrorism trial against former President Mohamed Nasheed.

Nasheed is accused of abducting Criminal Court Chief Judge Abdulla Mohamed in January 2012. If convicted, he faces a jail term or banishment between ten and 15 years.

Speaking to the press today, MP and PPM Spokesperson Ali Arif said the former president is “close to the international community’s hearts” because he had allegedly “spoken against Islam while abroad.”

The ruling party said “many observers, ‘experts’ and ‘proponents of democratic values’ including many countries and organisations had ignored the many unconstitutional and undemocratic actions of President Nasheed.”

The Commonwealth, EU, Canada, UK, Australia and India have expressed concern over new terror charges against Nasheed, and denial of legal representation and police mistreatment at the trial’s first hearing.

“We wish to ask these observers and organisations whether they really ‘condone the kidnapping of judges.’ Would they call for individuals, and those in positions of authority, to walk free, without any burden of responsibility, after conducting such actions in their own countries?” reads a press statement issued in English.

“Where was the ‘international community’ when the Supreme Court was locked up?” it continued.

The international community had remained “disturbingly silent” when Nasheed “systematically harassed and persecuted” former President Maumoon Abdul Gayoom, “arbitrarily arrested and detained” then MP and current President Abdulla Yameen, Jumhooree Party (JP) Leader Gasim Ibrahim, Adhaalath Party’s Sheikh Imran Abdulla, and current Vice President Dr Mohamed Jameel Ahmed, the statement said.

When Judge Abdulla was detained, “only a few organisations released statements condemning this illegal act,” but today “every minor incident in Maldives warrants a statement by some countries and organisations while many serious and deteriorating situations in other countries are ignored,” it added.

The party called on the international community to respect Maldives sovereignty and not to undermine its institutions.

PPM also accused the opposition Maldivian Democratic Party (MDP) and media of defaming President Yameen and former President Gayoom to “undermine the good name and respect the Maldives holds in the region and the international arena.”

Stressing the PPM remained committed to strengthening and consolidating democracy in the Maldives and protecting human rights, the party said it believed “justice should take its course and no man is above the law.”

The ruling party invited all international parties to come forward and observe the “actual situation” in the Maldives, “which despite distortions of facts perpetuated by some media remain calm and normal.”

Meanwhile, the MDP continues to hold daily protests, with MDP MPs disrupting parliamentary proceedings, while party supporters continue numerous protests in Malé, at the airport and at sea.

Police previously informed Minivan News over 77 individuals have been arrested at opposition protests, with 33 of them being released on condition that they do not go to further protests.

Recently, an open letter signed by 31 global activists and film makers, including Nobel Peace Prize Laureate Jose Ramos-Horta, called on the international community to use all resources to “pressure the government to free” Nasheed and “desist in all human rights abuses against him immediately.”

Ramos-Horta and Benedict Rodgers, the deputy chairman of the Conservative Party Human Rights Commission in the UK, in a Wall Street Journal op-ed on March 9 called for international sanctions against the Maldives.

“Options include targeted sanctions, freezing the overseas assets of senior members of the regime and suspending the Maldives from the Commonwealth. Tourists should consider boycotting the Maldives, especially resorts owned by regime cronies,” they wrote.

Australian Senator James McGrath has also described the trial against Nasheed as a “state planned judicial assassination,” saying that President Abdulla Yameen was becoming the “Robert Mugabe of the Indian Ocean.”

Foreign Minister Dunya Maumoon has previously condemned international statements of concern, saying: “No foreign power can tell Maldives what to do under President [Abdulla] Yameen.”

“To criticize us in public statements with lies or based with having only heard the opposition’s point of view is not acceptable. The government will not accept these statements and will not pay any attention to them,” Dunya said.


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Opposition MPs continue Majlis protests

The opposition Maldivian Democratic Party (MDP) MPs have continued protests at the People’s Majlis, disrupting proceedings for the fifth consecutive parliamentary sitting since the Majlis opened on March 2.

However, ruling Progressive Party of the Maldives (PPM) accepted an amendment to the Prisons and Parole Act amidst opposition protests. The amendment, submitted by Gemanafushi MP Jameel Usman, bars individuals serving prison sentences from holding a leadership position within political parties or other associations.

MDP MPs have been protesting over the arrest and terrorism charges against opposition leader and former President Mohamed Nasheed. If convicted, he faces a jail term or banishment between ten and 15 years.

If the amendment is passed and if Nasheed is convicted, it could effectively strip Nasheed of his presidency with the MDP and his membership.

When Majlis began at 9am, MDP MPs gathered at the secretariat’s desk calling for the the immediate release of President Nasheed and other political prisoners including former Defence Minister Mohamed Nazim.

Some MPs were blowing stadium horns while MDP MP Ali Azim was calling for Nasheed’s release through a megaphone.

Crossing the line

Speaking to Minivan News, PPM parliamentary group leader Ahmed Nihan said that he understands the opposition’s need to protest, however saying that they are “crossing the line.”

“Freedom of expression is granted to fullest extent on the People’s Majilis floor,” said the Vilimalé MP.

“Members are allowed to express themselves freely unless they contradict a tenet of Islam. However, that does not mean members are allowed to do whatever they want on the floor,” he continued.

Nihan said MPs should follow due procedure and lodge a complaint at the secretariat’s desk, saying that the floor will become a “battleground” if the opposition MPs keep on protesting every day.

“We understand their need to protest. Their leader is under arrest and standing trial so it is obvious that they would protest. But we want them to do it in a manner which does not prevent parliament proceedings,” Nihan said.

On March 2, ruling party Progressive Party of Maldives (PPM) MPs also protested, with several carrying placards which read: “Nasheed deserves to be in prison,” “Nasheed supports terrorism” and “MDP must learn democracy.”

MDP MP Imthiyaz ‘Inthi’ Fahmy said that the opposition would protest “indefinitely” until the state addresses the issues highlighted at the parliamentary protests.

“The current defense minister has been accused of being a terrorist. The most popular politician is being tried at a Kangaroo Court and is going to be put in jail. We will not stop the protests,” Fahmy said.

Fahmy accused PPM members of inciting violence within the parliament.

Meanwhile, PPM MP Ahmed Thoriq has written to the Parliament speaker Abdulla Maseeh alleging that former PPM MP Ahmed Mahloof hit PPM MP Riyaz Rasheed during the presidential address on March 2.

Nihan also accused MDP Medhuhenveiru MP Ali Azim of hitting Nihan with his elbow during yesterday’s parliamentary session. Fahmy has dismissed claims of assault as lies.


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Comment: Why we must object to the farce of a ‘trial’ against Nasheed

This article first appeared on DhivehiSitee.com. Republished with permission

On Sunday, former President of Maldives, Mohamed Nasheed, was arrested. The arrest warrant issued by Criminal Court stated “terrorism charges brought against the subject and fears that he may not attend the Court or go into hiding” as reason for arrest.

The evidence and substantiation for Court decision was given as, “how matters had transpired when a case against subject was heard at the Hulhumale’ Magistrate Court, and Police Intelligence reports”. The arrest warrant was provided on the request of the Prosecutor General who was according to the arrest warrant, “investigating case”.

Till then, there had been no mention of terrorism charges against Nasheed by any authority nor had an investigation into terrorist activities by Nasheed taken place.

Local media soon reported the trial has been scheduled in Criminal Court for 4pm today, and it emerged that the Prosecutor General had filed new terrorism charges in Criminal Court after withdrawing the case against Nasheed pending in Hulhumale’ Magistrate Court for over two years as Nasheed challenged the cherrypicking of his trial bench by the Judicial Service Commssion and the procedural appeals dragged on without decision.

As the new trial begins in a couple of hours, there is more reason than ever before to object to the farce.

  1. The current Prosecutor General Muhthaz Muhsin is a former Criminal Court judge, who worked as a junior judge under Criminal Court chief Judge Abdulla Mohamed who is himself the subject in the case against Nasheed.
  1. Media reports the Criminal Court has selected a bench of three judges – Judge Abdulla Didi, Judge Ahmed Rasheed and Judge Shujau Usman – for the case.

The first two are both former members of the Judicial Service Commission (JSC) who played crucial roles within JSC in both re-appointing Abdulla Mohamed as judge despite him not meeting criteria and pending serious misconduct issues, and in covering up misconduct after re-appointment.

Moreover, both carry bias against Nasheed evident in JSC records, especially in discussions of misconduct allegations against Judge Abdulla Mohamed filed with the JSC by the President’s Office in 2009 when Nasheed was in office.

Judge Didi served on the JSC from it’s establishment as an interim commission in 2008 till 2015 as the lower courts appointee. Ahmed Rasheed elected by the law community served on the JSC from 2009 to 2015 and was appointed a Criminal Court judge by the JSC just days ago.

The third, Shujau Usman, was re-appointed a Magistrate by JSC despite a criminal record and was one of three magistrates cherry-picked by the JSC for the Hulhumale’ Magistrate Court bench for Nasheed’s case.

Nasheed’s trial then is not simply political persecution by the government of President Yameen but an already orchestrated trial, managed by the JSC, with the Prosecutor General and the Criminal Court bench already set against Nasheed and ready to avenge Abdulla Mohamed.

Meanwhile, heading the JSC today is Supreme Court Justice Ali Hameed infamous for his white underpants and sex tapes gone viral on the internet.

Aishath Velezinee sat on the Judicial Services Commission from 2009-2011.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Nasheed’s constitutional rights violated in three year trial, says legal team

Former President Mohamed Nasheed’s legal team has called on Prosecutor General Muhuthaz Muhsin to drop criminal charges, claiming the opposition leader’s constitutional rights had been violated for three years on pending “unlawful” charges.

Muhsin on Monday withdrew charges against all former government and army officials accused of detaining Criminal Court Chief Judge Abdulla Mohamed for further review. The withdrawal came amidst Nasheed’s challenge of the process by which judges were appointed to an extraordinary bench to oversee his trial.

The offense carries a maximum jail term of three years under Article 81 of the Penal Code, but will carry a reduced sentence in the new Penal Code scheduled to come in to force in April.

“President Mohamed Nasheed’s charges have been pending without a verdict for three years. In those three years, he has been deprived of his constitutional and legal rights and the trial has affected his political career,” said Nasheed’s lawyers in a letter to the PG.

Nasheed was first summoned to court in 2012, but the trial was stalled in 2013 when the High Court began to review the composition of the bench. After a two-year hiatus, the High Court on February 9 threw out Nasheed’s complaint, paving the way for the trial to restart at the Hulhumalé magistrate court.

However, the former president’s legal team immediately launched a new challenge at the Civil Court. Meanwhile, the Maldivian Democratic Party accused the PG of attempting to expedite the case before the enactment of the new Penal Code in order to bar Nasheed from contesting the 2018 presidential polls.

Nasheed’s lawyers today contended the PG is not authorized to take up the charges in court for a second time.

MDP has describing the case among many “unjust obstacles to the party and President Nasheed.” Further pursuit of the case only “serves the government’s political agenda” the party claimed.

Judge Abdulla’s arrest led to daily protests on the streets of the capital, culminating in a police and army mutiny and Nasheed’s resignation on February 7.

Jumhooree Party Leader Gasim Ibrahim, a key figure in Nasheed’s ouster, has called on the state to drop charges, describing charges as “out of line with national and public interest.”

In January, the MDP and JP formed an alliance against President Abdulla Yameen’s claiming his administration has repeatedly violated the constitution.

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Police commissioner discusses expediting cases with prosecutor general

Commissioner of Police Hussain Waheed met Prosecutor General Muhthaz Muhsin this morning to discuss measures to fast-track investigation and prosecution of serious crimes following a crime wave in the capital during the past six days.

According to police media, discussions focused on expediting the investigation process with police working closely with state prosecutors to ensure that the evidence collected is sufficient to establish guilt at trial.

Senior investigating officers, senior officers in charge of operations, and members of the police executive board also participated in the meeting at the police headquarters at Iskandhar Koshi.

Muhthaz Muhsin was formerly a judge at the Criminal Court.

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MP Abdulla Jabir files complaint against Prosecutor General for not taking action against police

Maldivian Democratic Party (MDP) MP Abdulla Jabir filed a complaint in parliament against the Prosecutor General (PG) for not taking action against the Maldives Police Service  after he was assaulted by arresting officers last year.

Jabir requested on Wednesday (October 2) that parliament’s Independent Institutions Committee investigate the matter and take action against the PG as necessary.

Jabir and fellow MDP MP Hamid Abdul Ghafoor are among several senior party figures charged with drug and alcohol offences, after being arrested on on Hondaidhoo Island in November 2012 whilst allegedly under the influence of illegal substances.

Jabir was presented to the Criminal Court by police September 12, after being kept in custody for two days ahead of his trial for alleged possession of alcohol and cannabis.

Earlier this year the Police Integrity Commission (PIC) said that no charges could be pressed against police in relation to the alleged attack against Jabir.

Despite a complaint filed by Jabir’s brother, Ibrahim Shiham, which claimed that there is sufficient evidence proving that police beat Jabir during the arrest, the PIC decided that the case could not be sent to the PG office for criminal prosecution, local media reported.

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Police present MDP MP Jabir to Criminal Court for alcohol raid trial

Opposition Maldivian Democratic Party (MDP) MP Abdulla Jabir was presented to the Criminal Court by police today, after being kept in custody since Tuesday (September 10) ahead of his trial for alleged possession of alcohol and cannabis.

Jabir and fellow MDP MP Hamid Abdul Ghafoor are among several senior party figures charged with drug and alcohol offences, after being arrested on on Hondaidhoo Island in November whilst allegedly under the influence of illegal substances.

While Jabir at the time of his arrest was a member of the Jumhoree Party (JP) – he later defected to the opposition – the MDP has maintained that his arrest was politically motivated to coincide with a no confidence motion at the time against senior government figures.

The MDP has alleged that the treatment of its MPs, including, Jabir was noticeably different to those of other parties currently aligned to the present government, accusing prosecutors of persecuting its members and supporters.

The trial began earlier this month, with Ghafoor being the only MP in attendance to hear charges against him concerning the case.

A total of 10 people taken into police custody on November 16 after officers obtain a warrant to search the island of Hondaidhoo.

Today’s hearing

Criminal Court Spokesperson Ahmed Mohamed Manik said state prosecutors during the hearing read out a list of charges against Jabir. The MDP MP will be given a chance to respond to these charges against him at the next hearing, Manik added.

Police Spokesperson Chief Inspector Hassan Haneef confirmed to Minivan News that Jabir had been held in police custody ahead of the hearing, under an order previously issued by the Criminal Court. Police did not provide any further details on where the MP had been detained.

Jabir earlier this week had his passport held by immigration officials when trying to leave the country, after previously failing to attend the opening hearing of the trial into the charges against him.

Explaining the absence, MDP MP Imthiyaz Fahmy ‘Inthi’ told Minivan News he understood Jabir had not received a summons from the Criminal Court to attend the trial, but would have attended if having done so.

“He has been away from Male’ campaigning [for the presidential election held on September 7] and had not therefore received a summons,” he said, accusing the country’s courts of purposefully scheduling hearings against MDP MPs to try and stymie the party’s election campaign.

Fahmy additionally claimed that the Criminal Court had failed to follow its own procedures, and that a summons had to be re-sent if not received by the individual in question.

By comparison, he alleged that Progressive Party of Maldives (PPM) MP and Deputy Speak of Parliament Ahmed Nazim had failed to respond to 12 summons without arrest in relation to his trial for fraud – charges which he was later acquitted of. That case is now the subject of an ongoing High Court appeal.

Fahmy said although the MDP had not been requested to provide a lawyer for Jabir, the party would be ready to provide assistance to him in what it continues to allege is a “politically motivated” arrest.

Fahmy also alleged that the judiciary was seeking to fast track cases against MDP members to hinder the party and its campaigning ahead of a run-off vote scheduled for September 28.

He himself is currently facing a charge of “disobeying orders” over allegedly contemptuous remarks he made against the judiciary during a television show.

Fahmy argued that Jabir, along with Hamid Abdul Ghafoor and the son of the former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki, were on a “private island” when they arrested by police officers, who he alleged beat and then arrested them.

“This all happened at the time of a no confidence motion against Minister of Defence Mohamed Nazim and is a clear attempt at intimidation,” claimed Fahmy.

He said that the arrest was against Majlis regulations that say an MP could not be arrested at the time of a no confidence vote.

The no confidence vote had been scheduled for April 8, but was postponed after MDP MPs objected to a decision to not hold the vote in secret despite a parliamentary decision approving a secret ballot.

Previous MP liquor cases

Police last year forwarded a case for prosecution against MP Ahmed ‘Sun Travel’ Shiyam, after a bottle of alcohol was allegedly found in his luggage in March 2012 upon his return to the Maldives after an overseas trip.

The bottle was allegedly discovered when his luggage was screened.

Shiyam is the head of the Maldives Development Alliance (MDA), a new party allied with the Progressive Party of the Maldives and its bid for the presidency on September 28.

Newspaper Haveeru reported on September 3 this year that the case was sent back to police by the Prosecutor General’s Office in August 2012 to clarify further information.

Police have yet to send the case to the PG office over a year later.

The penalty for alcohol possession in the penal code is either a fine of between MVR1,000 to MVR3,000 or imprisonment, banishment or house arrest between one to three years.

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Trial delayed for US citizen accused of funding Maldivian terrorist in 2009 Lahore bombing

The trial of a US citizen who has been charged in the United States with conspiracy to provide material support to a terrorist who helped carry out a deadly attack in Pakistan in 2009 has been postponed.

Reaz Qadir Khan, a 49 year-old waste water treatment plant operator for the city of Portland, US, was arrested on March 5 on charges of providing advice and funds to Maldivian national Ali Jaleel.

On May 27, 2009, Jaleel – along with two other men – stormed Pakistan’s Inter-Services Intelligence (ISI) headquarters in Lahore and detonated a car bomb that left around 23 people dead and a further 300 injured.

Khan’s trial in the Oregon State US District Court has been postponed by the presiding judge, Judge Michael W Mosman, who stated that lawyers need more preparation time given the case’s complexity, according to US publication The Oregonian.

The head of Khan’s legal defence team, Amy Baggio, told the presiding judge that she had received 29,000 pages of government documents regarding the case, the US publication reported in late April.

The documents were mostly Federal Bureau of Investigation (FBI) investigative reports, immigration papers and other documents, according to Assistant US Attorney Ethan D Knight, lead prosecutor for the case. Additionally, another 10,000 pages of paperwork, including financial records, emails and other documents, were to be given to the defense by the government.

Once underway, lawyers expect the trial to last approximately two weeks.

Status conferences related to the trial were held in April and another is scheduled for July 8, however it remains unclear when the trial will commence.

Baggio, who was previously hired by Khan, was designated by Judge Mosman to be paid with public funds as Khan’s court-appointed attorney, given that the case meets US Criminal Justice Act standards for providing representation, The Oregonian reported.

The criminal case defense is expected to be “very costly” and Khan lacks the ability to cover the expenses, said Oregon’s federal public defender Steven Wax.

Currently, Khan is taking a two-year unpaid leave of absence from his municipal job, however he will receive 18 months of paid health benefits for himself and his family, reported the US publication.

“The City is unable and/or unwilling to accommodate the restrictions placed on the employee by the court,” an agreement sent to Portland City Council reads.

Khan will be placed back on the city’s call-back list if he is found not guilty, or the charges against him are dismissed, however if found guilty his leave of absence and health benefits would cease immediately, according to the US publication.

Khan has pleaded not guilty, however he faces a potential maximum sentence of life in prison if convicted.

Alleged support for terrorism

Prior to the attack, US media reported that in 2006 Khan had received an email from Jaleel “goading” him about his past devotion to seek martyrdom for Allah.

“Where are the words you said with tears in your eyes that ‘we shall strive until Allah’s word is superior or until we perish’???” the email stated, according to The Oregonian.

Following the message, Khan then allegedly communicated and provided financial backing through email to Jaleel and his family, making it possible for the Maldivian to attend a training camp in Pakistan ahead of the 2009 bomb attack.

The emails cited in the indictment against Khan – sent in October and November 2008 – were said to have included a coded note from Jaleel telling Khan that he needed US$2,500 to pay for admission into a terrorist training camp, and asked Khan take care of his family and educate his children.

Less than a week after the bombing, US$750 was allegedly wired from Khan to one of Jaleel’s wives in the Maldives from an Oregon store, according to a Portland FBI press release.

“Those who provide material support to terrorists are just as responsible for the deaths and destruction that follow as those who commit the violent acts,” said Greg Fowler, Special Agent in Charge of the FBI in Oregon.

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