Author: Zaheena Rasheed

UK MP urges re-establishment of Maldives rule of law in early day motion

Conservative Party MP Fiona Bruce has tabled an early day motion in the House of Commons this week urging the United Kingdom to take “all reasonable steps to encourage the re-establishment of democracy and rule of law throughout the Maldives.”

The motion – which has so far gained just three signatures – expressed alarm at the series of events that have led to former President Mohamed Nasheed’s removal from office, arrest, conviction on terrorism charges and sentencing to 13 years in jail.

It noted several irregularities in Nasheed’s trial, including the Criminal Court’s decision to deny legal representation at a number of hearings and to reject defence witnesses before they were heard.

Bruce, who also serves as the Chairperson of the Conservative Party’s Human Rights Commission, also highlighted that many of Nasheed’s supporters have been arrested and the live broadcast feed from the People’s Majlis chambers has been cut “so the public have very little knowledge of what is happening within the Parliament.”

She said that any allegations against Nasheed must be considered openly, and with due respect for justice and legal processes.

Early day motions are tabled by MPs to publicise a particular event or cause, and to gather support among MPs for that event or cause.

Nasheed’s terrorism trial regarding the military’s abduction of Criminal Court Chief Judge Abdulla Mohamed has drawn international concern. The UK, United States, and the European Union expressed concern over the lack of due process while Canada said it was “appalled by the guilty verdict”.

Bruce has previously called for sanctions against the Maldives, stating Britain and the international community could not afford to remain silent in the face of “such gross injustice.”

“Targeted sanctions against the international assets of senior members of the regime, as well as a boycott of tourist resorts owned by senior members of the regime of their associates, should be seriously considered. The Commonwealth should consider suspending the Maldives,” she said.

The ruling Progressive Party of the Maldives (PPM) hit back at Fiona’s comments claiming Nasheed had been “fully accorded his rights in line with the Constitution and the laws of Maldives.”

The PPM recommended Bruce do a “basic fact-check” and said the government cannot drop the charges against Nasheed, or anyone else.

President Abdulla Yameen has previously described advocating for charges to be dropped against Nasheed as judicial interference, and said foreigners must not meddle in Maldives’ domestic affairs.

The UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul said the trial made a “mockery” of the Maldives Constitution and said: “The speed of proceedings combined with the lack of fairness in the procedures lead me to believe the outcome of the trial may have been pre-determined.”

Meanwhile, the UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein said the trial was “hasty and apparently unfair” and urged Nasheed be given adequate time to prepare and present his defence during the appeal process.

Foreign Minister Dunya Maumoon has since invited the United Nations Secretary General, the Commonwealth, Office of the High Commissioner for Human Rights, and the EU to send experts to observe Nasheed’s appeal process.

Nasheed’s legal team has suggested that tomorrow’s deadline for an appeal cannot be met, arguing that the court has not supplied the necessary documents.

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After incendiary sermon, thousands pray for Nasheed and Nazim’s freedom

Following an incendiary Friday sermon warning unjust judges of hellfire, thousands gathered outside the Islamic Center in Malé at noon and prayed for former President Mohamed Nasheed and former Defence Minister Mohamed Nazim’s freedom.

Dozens of police officers attempted to disperse the congregation before the prayer began, but later watched on until the prayer was completed. The police then cordoned off the area.

The sermon, issued by the Ministry of Islamic Affairs, quoted several verses from the Qur’an and hadiths from the Prophet Mohamed’s Sunnah on the importance of delivering just verdicts and the wickedness of false testimony.

The unusually incendiary sermon comes in the wake of an 11-year jail term for Nazim on charges of smuggling weapons, and a 13-year jail term for Nasheed on charges of terrorism over the military detention of a Criminal Court judge.

The opposition has claimed the trials were unjust and marred with irregularities including the Criminal Court’s refusal to call defence witnesses and to allow adequate time and facilities to mount a defence.

Nazim maintains he was framed by rogue police officers on the orders of Tourism Minister Ahmed Adeeb, a claim the police and Adeeb have denied. Defence lawyers said prosecution’s witnesses had lied in court, and said the judges had violated the ex-defence minister’s right to defence.

Reading out the prepared sermon, Imams across the country said upholding justice was necessary for progress and the establishment of peace and order. Islamic Empires had progressed because they were founded on justice, they said.

Quoting from Surat al-Nisa, the sermon said: “Allah commands that you should render back the trusts to those to whom they are due; and that when you judge between men, you judge with justice.”

The sermon also urged judges to be fair, consider both sides of the argument and evidence in delivering a verdict. Providing false testimony is among the greatest of sins, it added.

Quoting from Prophet Mohamed’s Sunnah, the sermon said: “Judges are of three types, one of whom will go to Paradise, and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell.”

Religious conservative Adhaalath Party’s scholars control the Islamic Affairs Ministry. The party recently withdrew support for President Yameen’s administration, and joined Nasheed’s Maldivian Democratic Party (MDP) under the banner “Alliance Against Brutality.”

The alliance has been organising daily protests in Malé.

After the sermon ended, the congregation of men and boys gathered outside the Islamic Center, adjacent to the military barracks and offered a prayer for Nazim and Nasheed: “Our beloved leader, a man loved by a majority of us, Mohamed Nasheed, has been unjustly sentenced and imprisoned. He has suffered and continues to suffer brutality. O Allah! Save Mohamed Nasheed from jail and keep him safe. Bless us in our work to establish peace and security in our country, and make us victorious.”

“Colonel Mohamed Nazim, a man who has dedicated his life to serving our people, has been falsely accused and unjustly imprisoned. Protect Mohamed Nazim and all Maldivians who suffer injustice.”

Opposition supporters last week also offered a similar prayer at the Islamic Center, prompting Home Minister Umar Naseer to call for police action against using mosques and surrounding areas to “make political statements.”

Dozens of opposition supporters on Baa Atoll Thulhadhoo Island also prayed for Nazim and Nasheed yesterday.

The alliance meanwhile held a march attended by hundreds in the afternoon and a rice pudding banquet at Raalhugandu area at night in Malé. There were protest marches on Thulhadhoo and Gaaf Alif Atoll Kolamafushi as well.

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Ex-Defence Minister Nazim found guilty of smuggling weapons, sentenced to 11 years in jail

The Criminal Court has found former Defence Minister Mohamed Nazim guilty of smuggling dangerous weapons and sentenced him to 11 years in jail.

At a late night hearing on Thursday, the three-judge panel said Nazim had not been able to demonstrate how he had come to possess a pistol and three bullets found in his apartment during a police raid on January 18.

The weapons did not belong to the state armoury and therefore must have been smuggled into the country, the judges said. Further, since the police had discovered the weapons at Nazim’s home in a raid conducted according to the law, they must be considered to belong to the former defence minister, judges concluded.

Nazim’s defence team have maintained the pistol and three bullets were planted by rogue officers on the orders of Tourism Minister Ahmed Adeeb, after the pair fell out over Adeeb’s alleged use of police SWAT team for criminal activities.

The Maldives Police Services and the Tourism Minister have denied the accusations as baseless and untrue.

Nazim, as he was escorted out of the courtroom under a police guard tonight, told his distraught family, “We will still gain justice.”

Speaking to reporters outside the courthouse, defence lawyer Maumoon Hameed said the three judges had not considered the defence’s arguments and said he would lodge an appeal at the High Court as soon as possible.

The Criminal Court last week refused to call all but two of the 37 defence witnesses, claiming some were not relevant while others did not appear to negate the prosecution’s claims.

Following the weapons discovery, Nazim was dismissed from the cabinet. He was then arrested on February 10 under additional charges of terrorism and treason.

State prosecutors in court also claimed documents on a pen drive confiscated along with the weapons revealed that Nazim was plotting a coup d’etat and planning to harm President Abdulla Yameen, Commissioner of Police Hussein Waheed and the Tourism Minister.

The documents were presented in a closed hearing, allegedly to demonstrate the former defence minister had a motive in smuggling the pistol.

Nazim’s family had previously said “there is no hope for a fair trial” due to a “notoriously politicised judiciary,” and said Nazim had “fallen foul of a political conspiracy, one in which powerful forces within the government have sought to destroy him and prevent him from challenging the leadership of the ruling party.”

Right to defence “obstructed”

At a 4:oopm hearing on Thursday, state prosecutors and defence lawyers presented closing statements.

State prosecutor Adam Arif said Nazim had admitted police discovered the weapons in his bedroom during a search carried out in his presence. Claiming Nazim had failed to explain who the weapons belonged to, Arif said he must be held responsible for the pistol and three bullets discovered under his roof.

Tests carried out by Maldives National Defence Force (MNDF) proved the weapons were functioning and dangerous. Further, the MNDF had said the weapons did not come from the state armory, he said.

Police officers had also testified the raid and search were conducted according to rules and regulations, he added.

But referring to the Criminal Court’s refusal to call the majority of Nazim’s defence witnesses, defence lawyers contended the court had “obstructed” Nazim from mounting a proper defence.

Lawyers claimed over 15 SWAT officers broke down the door to Nazim’s apartment on the night of the raid, barged into his bedroom in the dark, pointed a riot gun at his head and escorted him and his wife into the living room.

SWAT officers then spent at least ten minutes unsupervised in the former Defence Minister’s bedroom, during which they planted the bag containing the pistol in a bedside drawer, lawyers suggested.

Police testimony confirmed the search team had arrived approximately 15 minutes after the SWAT officers secured the premises, but state prosecutors had failed to explain the gap, lawyers argued.

The defence team also contended police conduct of the raid and search was unlawful, arguing the resulting evidence was therefore inadmissible in a court of law.

Lawyers said if the defence had been allowed to call its witnesses, it would have been possible to prove police spent time unsupervised in Nazim’s bedroom, and that SWAT officers were previously under investigation for criminal activities.

They would also have been able to prove the pistol was in fact imported by the state for the protection of foreign dignitaries, they added.

Lawyers urged judges not to accept the testimony of police officers, claiming they had lied in court. Lawyers pointed to what they called serious contradictions in testimony, as one claimed the search team had checked the ceiling and above a cupboard in the bedroom, while the others denied doing so.

Some witnesses claimed secret information indicated the weapons were located on either the seventh or eight floor while others said it was just the eighth floor, lawyers said.

The panel overseeing Nazim’s case are the same judges who sentenced former President Mohamed Nasheed to 13 years in jail on March 13.

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Ex-defence minister’s final hearing on illegal weapons pushed back to Thursday evening

The Criminal Court has pushed back the last hearing in former Defence Minister Mohamed Nazim’s illegal weapons charge to Thursday evening.

Defence lawyers today requested additional time to listen to recordings of witness testimony from previous hearings before they issued concluding statements.

The three-judge panel gave lawyers until 4:00pm on Thursday to prepare. Judges could deliver a verdict at their discretion afterwards.

Defence lawyers once again requested the three-judge panel to allow Nazim to leave the country, claiming doctors had said the retired colonel faced a potentially life-threatening condition, and had recommended he be flown abroad as soon as possible for medical tests that are not available in the Maldives.

But presiding Judge Abdul Bari Yoosuf contended the phrase ‘as soon as possible’ could be interpreted in various ways, and said the Criminal Court was working to expedite a verdict in the case.

Nazim was charged with illegal weapons possession after police discovered a pistol and three bullets at his home during a controversial midnight raid on January 18. He was subsequently dismissed from the cabinet, and arrested on February 10 on additional charges of terrorism and treason.

Nazim, in his defense, claims rogue police officers planted the weapons at his home on Tourism Minister Ahmed Adeeb’s orders after the pair fell out over Adeeb’s alleged use of SWAT officers for criminal activities, including the chopping down of all of Malé City’s areca palms in October last year.

Both Adeeb and the Maldives Police Services have dismissed the allegations.

In the last hearing on Monday, judges summoned only two of Nazim’s 37 defence witnesses.

Fabricated evidence?

State prosecutors also claim documents in a pen drive confiscated along with the weapons suggested Nazim was plotting a coup d’état and planning to harm President Abdulla Yameen, Commissioner of Police Hussein Waheed and the Tourism Minister.

Defence lawyer Maumoon Hameed once again claimed police officers had tampered with and fabricated evidence against Nazim, suggesting coup plans were in fact not even contained in the allegedly planted pen drive.

Hameed, who is also President Yameen’s nephew, said a forensic digital expert, Ameen Abdul Gayoom, in a closed hearing on March 19 said the pen drive had last been accessed in February 2014.

But the alleged plans to harm President Yameen – which were only revealed to judges and lawyers in the closed hearing – were supposedly to be carried out in November or December 2014, he said.

He went on to claim that the then-Assistant Commissioner of Police Hassan Habeeb had printed out the documents in the pen drive and questioned Nazim soon after the raid. He questioned how Habeeb had accessed the pen drive without resulting in the change of date of last access and noted Habeeb’s name was not listed on the pen drive’s chain of custody.

Habeeb was recently promoted to Deputy Commissioner of Police, and according to witness testimony in previous hearings, had commanded the raid on Nazim’s apartment.

State prosecutor Adam Arif denied that the forensic digital expert had made any comments on the date of last access, and said the chain of custody recorded the officers who had handled the physical pen drive, and not the electronic documents contained in it.

Hameed also noted several empty slots on the chain of custody record, saying the broken record suggested possible tampering.

Chain of custody is the record of all individuals who maintained unbroken control over the items of evidence, to establish proof that the items of evidence collected at the crime scene is the same evidence presented in a court of law.

Hameed also said there were gaps of between six and nine hours between when investigating officers had received the evidence and when they had handed evidence over to the forensic departments, arguing the delay amounted to officers flouting police regulations.

Further, while a Maldives National Defense Force (MNDF) officer had testified in a previous hearing to having fired the pistol to test if it was functioning, Hameed said the chain of custody record indicated the MNDF only had the weapons for just 15 minutes.

In response, Arif said the empty slots on chain of custody do not mean an unauthorised individual had handled the evidence, and said it did not affect the credibility of evidence presented at court.

Arif claimed the MNDF had possessed the evidence for over an hour, ample time to test the authenticity of the pistol and three bullets.

He also said the long delay in investigating officers handing over evidence to the forensics department did not necessarily mean officers had tampered with the evidence.

If convicted, Nazim faces a jail term between ten and 15 years.

The three judge panel overseeing Nazim’s case are the same judges who convicted former President Mohamed Nasheed on terrorism and sentenced him to 13 years in jail in a trial many observers have called a “travesty of justice.”

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Maldives bans migrant worker protests, threatens to cancel visas

The Department of Immigration and Emigration today warned migrant workers against participating in protests and threatened to cancel work visas for protesting expatriates.

The warning came after local media today announced migrant workers had called for a mass protest on Friday against entrenched discrimination and a recent spike in violence which saw two Bangladeshi nationals murdered and three stabbed in Malé.

A 25-year old Bangladeshi, Shaheen Mia, was stabbed to death in a Malé café in the early hours of the morning on Sunday (March 22), while a Bangladeshi national identified as Bilal was found dead in Alif Alif Atoll Thoddoo Island on Monday night.

Meanwhile, three expatriate workers were stabbed on Tuesday between 7:20pm and 7:40pm in three different locations in Malé.

But the Controller of Immigration and Emigration Mohamed Anwar in a statement today said expatriates protesting for their rights was against the terms of their work permits, and threatened to cancel visas without a second warning.

If action was taken against an expatriate worker for protesting, Anwar said the Immigration Department would also suspend services to their employers.

He called on employers to remind migrant workers to respect Maldivian laws and stay away from protests.

“The immigration department will not hesitate in penalising those who participate in protests,” he added.

The Human Rights Commission of the Maldives’ (HRCM) Vice President Ahmed Tholal said the ban on migrant worker protests was unconstitutional.

“The constitution guarantees every person on Maldivian soil the right to protest. A clause in a migrant worker’s contract cannot override the constitution,” he told Minivan News.

Expressing grave concern, Tholal said the recent fatal attacks amount to hate crimes as the violence appears to be targeted against migrant workers.

He noted discrimination and inhumane treatment of migrant workers were entrenched issues in the Maldives, and said this week’s violence further marginalised an already vulnerable group.

Tholal called on the Maldives to immediately initiate discussions with diplomatic missions and take urgent action to ensure the safety of migrant workers.

According to the 2014 national census, there are 58,683 migrant workers in the Maldives. However, the department of national planning said the figure was much lower than the official figure recorded by the Immigration Department.

The US State Department in its 2014 Trafficking in Persons report described the Maldives as a “destination country for men, women, and children subjected to forced labor and sex trafficking.”

Migrant workers – primarily Bangladeshi and Indian men in the construction and service sectors – experienced forced labor, including fraudulent recruitment, confiscation of identity and travel documents, withholding and nonpayment of wages, and debt bondage, the report said.

The State Department welcomed the Maldives passing its first anti-trafficking law in 2013, but decried “serious problems in anti-trafficking law enforcement and victim protection.”

“The government did not adequately train police and other officials on trafficking, nor did it provide authorities with procedures to identify victims among vulnerable populations and refer those victims to protective services. Consequently, the government penalised some victims for offences committed as a result of being trafficked and also deported thousands of migrants without adequately screening for indications of forced labor,” the report said.

Following the enactment of the Anti-Human Trafficking Act in 2013, the Maldives avoided relegation to Tier 3 and possible international sanctions.

Human rights group Transparency Maldives (TM) has also described the Immigration Department’s protest ban as unconstitutional and called on the government to listen to worker’s concerns.

TM also urged law enforcement agencies to expedite investigations into migrant worker murders and called on the government to sign the International Covenant on Migrant Workers immediately.

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Nasheed to wait on appeal until Criminal Court provides full case report

Former President Mohamed Nasheed has decided to wait on appealing a 13-year jail term until the Criminal Court provides both a full transcript of court proceedings and sufficient time to prepare, despite a looming appeal deadline of Thursday (March 26).

The Criminal Court has so far only provided a judgment summary, and not a full case report as requested by lawyers.

The court today blamed the delay in issuing the full report on Nasheed and his lawyers’ alleged refusal to sign statements they had made during court hearings.

Another unnamed individual had also failed to sign off their statements, the Criminal Court said, adding that it could not release full proceedings without the required signatures.

“We hereby publicly announce that if there is a delay in releasing the detailed case report, it is not because this court has failed in its duty, but because Mohamed Nasheed and his lawyers have not cooperated with the court,” the court said in a statement.

But Nasheed’s lawyers said the former president had refused to sign the statements only because they contained serious errors, which they say the Criminal Court has so far refused to correct.

“For example, the statement of witness testimony from the Chief of Defence Force contains statements he did not make in court. Further, the Criminal Court omitted President Nasheed’s request for medical attention at the first hearing on February 23,” lawyer Hisaan Hussein told Minivan News.

She also noted the statements were not a transcript of all that was said at court, but a summary, which had resulted in omissions and paraphrasing of the actual comments.

In a statement issued today, Nasheed’s lawyers said the Criminal Court has been “repeatedly obstructing President Nasheed’s constitutional right to appeal and imposing administrative restrictions by failing to provide the court report to date.”

“The full case report would include the testimonies of prosecutor’s witness which was recounted by the Judge wrongly, submissions made regarding documentary evidence, closing statement submitted by the prosecution, detailed findings of the judges with reference to the evidences and conflicting rulings made on many aspects of procedural law which was contended during the trial.

“Additionally, since the first and last three hearings were conducted in the absence of legal representation, the arguments and submissions made by the prosecution regarding witness testimonies, documentary evidence and closing statement will be known only after we receive the full case report,” lawyers said.

A High Court appeal could be filed solely based on the judgment summary, but Nasheed’s lawyers said they would then only have the opportunity to argue within the parameters raised in the initial submission.

As issues contended in subsequent hearings would only be considered at the discretion of judges, it is imperative that Nasheed receives the case report to prepare his appeal, lawyers said.

The Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor claimed the Criminal Court is “using every procedural trick in the book to deny President Nasheed’s right to appeal.”

“The Criminal Court conducted a disgraceful and blatantly politicized trial, and now they are busy trying to hamper the appeal,” he added.

Nasheed was convicted of terrorism on March 13 over the January 2012 military detention of Judge Abdulla in a trial many international and domestic observers called a “travesty of justice.”

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein and the UN Special Rapporteur on Independence of Lawyers and Judges Gabriela Knaul last week urged the Maldives to guarantee that Nasheed’s appeal would respect the most stringent fair trial standards and observe due process, including adequate time for preparation.

The surprise trial began one day after Nasheed was arrested on February 22, and was completed after 11 hearings in 19 days.

“It is hard to see how such hasty proceedings, which are far from the norm in the Maldives, can be compatible with the authorities’ obligations under international law to conduct a fair trial,” Zeid said.

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Criminal Court bars ex-defence minister from calling witnesses

The Criminal Court today admitted only two of the 37 defence witnesses requested in former Defence Minister Mohamed Nazim’s weapons possession trial.

Nazim has previously claimed rogue police officers planted a pistol and three bullets found at his apartment during a midnight raid, but the Criminal Court refused to allow the retired colonel to present witnesses, stating they do not appear to negate the prosecution’s charge.

Defence lawyer Ibrahim Shameel pointed to a 2011 Supreme Court precedent in which the apex court said judges had no authority to refuse to hear witnesses.

In reply, presiding Judge Abdul Bari Yoosuf said: “We know what that verdict says. [But] this court has made a decision.”

State prosecutors and defence lawyers are to present concluding statements at the next hearing on Wednesday. Afterwards, the three-judge panel could issue a verdict at their discretion.

The three judges overseeing Nazim’s case, Judge Yoosuf, Judge Abdulla Didi and Judge Sujau Usman, had convicted former President Mohamed Nasheed of terrorism on March 13 and sentenced him to 13 years in jail over the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein and UN Special Rapporteur on Independent of Judges and Lawyers Gabriela Knaul last week called Nasheed’s sentence unfair, contending the Criminal Court’s refusal to call defence witnesses contravened international fair trial standards.

The Criminal Court tonight also refused to allow Nazim to leave the country for urgent medical treatment, noting doctors had said he could attend court hearings despite his condition.

Lawyer Maumoon Hameed in court last week said Nazim’s condition was life-threatening. The former defence minister was subsequently transferred from the Dhoonidhoo Remand Center to house arrest on the doctor’s recommendation.

SWAT officers “gone rogue”

At today’s hearing, the Criminal Court called Superintendent of Police Abdulla Satheeh and Assistant Commissioner of Police Hussein Adam to the witness stand.

Although judges summoned Chief Superintendent of Police Abdul Mannan Yoosuf, they refused to allow the defence team to ask questions over a possible setup against Nazim.

Meanwhile, Adam, who current heads the police’s Internal Security Command and commands the Specialist Operations (SO) officers, told the Criminal Court that Deputy Commissioner of Police Hassan Habeeb asked him to alert the SO’s SWAT team for a major operation, four days before the raid.

Satheeh, who was the chief investigative officer in Nazim’s case, confirmed the raid was carried out under Habeeb’s commands, and said it was the deputy commissioner who had decided not to arrest Nazim at the scene despite the discovery of dangerous weapons.

Satheeh also corroborated testimony by several anonymous police officers last week that the search team had entered Nazim’s apartment after SWAT officers secured the premises.

Nazim’s lawyers previously claimed SWAT officers, after breaking down Nazim’s door and herding his family inside the living room, spent ten minutes inside the then-defence minister’s bedroom unsupervised before the search began.

Adam noted the police would normally request the Maldives National Defense Force (MNDF) to secure premises before a raid to confiscate illegal weapons and explosive devices.

He also said he was unaware the police were raiding Nazim’s home until the next day, and he had raised the issue with the Police Commissioner Hussein Waheed afterwards. But the police chief said some operations must be kept secret, Adam said.

Satheeh, who also heads the police’s Serious and Organized Crime Unit, said he did not notice police having acted against laws and regulations during the investigation.

The search warrant was obtained after police received information from a credible source, Satheeh said. The information did not come through the police’s intelligence directorate, he said, but the police acted on the information because of the reliability of the source.

State prosecutors in court previously said confidential documents on a pen drive confiscated along with the pistol and three bullets indicated Nazim was plotting to attack President Abdulla Yameen, Tourism Minister Adeeb and Waheed, with the financial backing of opposition Jumhooree Party Leader Gasim Ibrahim’s Villa Group.

But Nazim said the SWAT officers framed him on Adeeb’s orders following a fall-out over his complaint with President Yameen regarding Adeeb’s alleged use of the SWAT team to commit crimes, including the chopping down of all of Malé City’s areca palms.

Police have previously dismissed allegations of framing as “untrue” and “baseless.” Adeeb has also said he was “shocked” by the defence team’s “lies.”

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Maldives human rights watchdog under siege

The Human Rights Commission of the Maldives (HRCM) has slammed the judiciary for compromising its independence, describing the Supreme Court’s suo moto proceedings over a submission to the UN Human Rights Council as the biggest challenge the watchdog has faced in its 11-year history.

In its 2014 annual report, the independent commission noted the Supreme Court and the Juvenile Court accused the HRCM of making false allegations in the Universal Periodic Review and a confidential report into a 15-year-old rape victim’s flogging sentence.

The Supreme Court and Juvenile Court’s charges affected the commission’s independence and ability to carry out its mandate, the report said.

The controversial suo moto regulations allow the Supreme Court to initiate proceedings, prosecute and pass judgment. The first case of its kind, in March 2014, saw the apex court sack the Elections Commission’s President and Vice President for contempt of court.

Jumhooree Party (JP) MP Ali Hussein said the judiciary’s “harassment of HRCM” was an indication of the “extraordinary levels of judicial activism in the country.”

“The judiciary is acting outside its boundaries, it is annulling laws, making laws, dismissing members of the independent commissions. The judiciary needs to be restrained immediately. But there is no way to hold them accountable.”

Judges must be educated and sensitised to human rights, fundamental norms and best practices in a democratic society, he continued.

However, lamenting President Abdulla Yameen’s decision to appoint disgraced Supreme Court Judge Ali Hameed to the judicial watchdog Judicial Services Commission (JSC), Ali said judicial reform was only possible through a long hard people’s struggle.

Hameed was implicated in a series of sex tapes involving foreign women, but the police have closed the investigation citing non-cooperation from the judge, according to media reports. The JSC subsequently refused to take action against Hameed.

Meanwhile, parliamentary group leader of the ruling Progressive Party of the Maldives (PPM), Ahmed Nihan, said the People’s Majlis must play a key role in mediating the conflict between the HRCM and the judiciary to ensure the commission’s independence.

The majority leader described the dispute as “a teething trouble in a nascent democracy,” and said the HRCM must continue to exist as “a pillar of multi-party democracy.”

The opposition Maldivian Democratic Party (MDP) agreed the responsibility for ensuring HRCM’s independence rested with parliament, but said the PPM-dominated Majlis had no regard for the independence of the state’s watchdog bodies.

MDP MP Eva Abdulla also accused ruling party MPs of harassing human rights commissioners through the parliament.

The five members of the HRCM were summoned separately to the Majlis last week and questioned in a closed-door meeting regarding the commission’s statement condemning the Criminal Court’s 13-year sentence on former President Mohamed Nasheed.

The HRCM on March 14 expressed concern over apparent lack of due process in the opposition leader’s trial, and said the Criminal Court had failed to respond to a request to monitor court proceedings.

Eva also noted increasing threats against the HRCM, most recently that of a group of angry men on February 24 entered the commission’s officers and threatened to harm the five commissioners following a statement condemning the police’s mistreatment of Nasheed ahead of a hearing on February 23.

HRCM Vice President Ahmed Tholal meanwhile received threatening calls and messages after the police claimed he had called them “baagee” or traitor on February 22. The police have since withdrawn the claim.

The Supreme Court’s suo moto case is still pending “like a sword hanging over the HRCM,” Eva said.

The MP for Galholhu North also concurred with JP’s Ali Hussein, stating the judiciary should be held answerable through the JSC.

“We must end this judicial dictatorship. Within the People’s Majlis we must ensure the JSC fulfills its mandate. And above all, appoint qualified judges to the judiciary,” she said.

The HRCM in its report said the judiciary faced the most number of challenges in protecting human rights in 2014. The commission also expressed concern over the sudden dismissal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan in December.

 

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State concludes witness testimony in former Defence Minister Nazim’s trial

Three anonymised police officers provided testimony with serious contradictions last week in former Defence Minister Mohamed Nazim’s trial on weapons possession charges.

The three officers were part of a search team during the controversial midnight raid on Nazim’s house on January 18. Their testimony indicated the Maldives Police Services did not follow stringent police regulations in conducting the search.

The search team did not videotape the raid as required, and provided conflicting testimony on whether mandatory photographs were taken. One witness said photos were only taken of the illegal weapons, while a second witness said photographs were taken from the moment the raid began.

Nazim — accused of smuggling illegal weapons — maintains he was framed by rogue SWAT police officers on the orders of Tourism Minister Ahmed Adeeb.

The three officers said they entered Nazim’s apartment after masked SWAT officers broke down the then-defence minister’s door. Nazim’s wife and two daughters were inside the apartment’s living room with the officers at the time, they said.

Police claimed to have discovered three bullets and a pistol in a black bag in a bedside drawer during the raid. Nazim was subsequently dismissed and arrested on additional charges of treason and terrorism.

If convicted of smuggling weapons, the retired colonel faces a jail term between ten and 15 years.

State prosecutors have now concluded summoning witnesses. A total of six individuals testified in four hearings last week. They included five police officers and one Maldives National Defence Force (MNDF) officer.

The defence is to call witnesses at the next hearing on Sunday.

Police procedures

The Criminal Court held four hearings on March 17, 18 and 19. Nazim’s defence team questioned the three anonymised police witnesses on procedures followed during raid, search and chain of custody in evidence.

At the March 17 hearing, the chief Investigative Officer (IO) said he had sought a court warrant to search Nazim’s apartment building, Galholhu Enif, on his superior’s orders.

Intelligence information indicated weapons were kept either on the seventh or eighth floor, he said via telephone. The search team entered Nazim’s apartment ten to 15 minutes after SWAT officers entered the apartment and secured the premises, he said.

The police team searched Nazim’s bedroom first, in his presence, when the weapons were discovered, he said. Police officers searched all of Nazim’s apartment and a second apartment on the eighth floor, but did not search the seventh floor, he said.

The IO said Nazim had fully cooperated with the search. The police did not keep a record of observations in a special notebook or issue a list of items confiscated from the former defence minister’s home as per regulations, the cross-examination revealed.

One anonymised witness on March 18 said the search team did not check the ceiling, while the second said the team brought in a chair to check the ceiling and cupboards.

The legal team had previously claimed that the items found at Nazim’s house were planted by the police, saying that officers spent ten minutes inside Nazim’s bedroom unsupervised before the search began. Police have called the claims “untrue” and “baseless”.

On March 19, state prosecutors summoned Sub Inspector Ameen Abdul Gayoom regarding a forensic digital analysis report of a pen drive confiscated from Nazim’s apartment along with the weapons. The state has previously said documents on the pen drive indicate Nazim was plotting to harm President Abdulla Yameen, Commissioner of Police Hussein Waheed and Tourism Minister Ahmed Adeeb.

Journalists and observers were barred from the defence’s cross-examination of Gayoom due to the confidential nature of the documents on the pen drive.

Prosecutors then summoned MNDF First Lieutenant Mohamed Nazeem to prove the pistol and bullets were functioning. Nazeem said the a weapons expert had fired the pistol in his presence, but they had not tested the bullets. However, a visual inspection shows the bullets were not dummy rounds, he said.

Defence lawyers have named President Yameen, Commissioner Waheed, Chief of Defence Forces Major General Ahmed Shiyam, Home Minister Umar Naseer and several senior ranking police and military officers as witnesses to prove charges were fabricated in a conspiracy engineered by Adeeb.

The Criminal Court said the court would summon defence witnesses only if they appear to negate the prosecution’s evidence.

On March 7, lawyer Maumoon Hameed claimed Adeeb framed Nazim after the former defence minister alerted President Yameen of the tourism minister using SO SWAT officers to commit criminal acts, including the chopping down of all of Malé City’s areca palms in October last year.

The tourism minister has said he was “shocked” by the allegations, and has dismissed accusations as lies.

Defence lawyers have also called Superintendent of Police Ahmed Nafiz and former head of police’s intelligence directorate, Mohamed ‘MC’ Hameed, to prove a complaint was lodged over SO officer’s alleged criminal activities, and that SO officers had engaged in criminal activity.

The defence has also called senior ranking police and military officers to prove that a Special Protection Group Corporal had lost a 9mm Browning pistol at Shangri-La resort in 2014, that police officers did not follow due process in raiding and searching Nazim’s residence, and that police intelligence had not received any information that illegal weapons were smuggled into Malé prior to the raid.

The MNDF promptly dismissed allegations of missing weapons.

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