President Yameen will not resign and go home, says PPM MP Nihan

MP for Vilimalé constituency, Ahmed Nihan, is the leader of ruling Progressive Party of the Maldives’ parliamentary group. Minivan News interviewed Nihan ahead of mass anti-government demonstrations planned by the Jumhooree Party and Maldivian Democratic Party (MDP).

Zaheena Rasheed: Former President Mohamed Nasheed has a lot of supporters. He has now allied with the Jumhooree Party and they are planning a mass demonstration for today. Do you consider this a threat?

Ahmed Nihan: No. You see, there are about 50 MPs in our parliamentary group, a lot of their constituents are here. The past two days, we’ve been working on finding out how many people will attend the protests. So based on that, we do not foresee any such danger. I do not believe the state should obstruct the right to free speech.  If citizens are dissatisfied with this government, they must be able to say so. But that right must not be abused to violate others’ rights, such as closing down streets, blocking lagoons, they cannot do this. But this is a cautious situation, we must be alert, to acts of terrorism, I’m saying this because this has happened before. And I note, there are some young men who’ve been convicted on terrorism, for example I have one mother whose son was sentenced after vandalizing the Villa TV Station on March 19. What answer do I have for her? There are many on my island, Gaaf Dhaal Thinadhoo, who have terrorism charges pending against them, at least 112, following the torching of government buildings on February 8. I am sure they are not criminals, they became sucked into politics. And tomorrow, how many will be tricked into this again? We will not support vandalism and arson.

Opposition parties say President Yameen’s government is lurching towards authoritarianism. Can you tell me what you believe are PPM’s democratic successes and what you plan to do to protect democracy in the future?

Many Maldivians believe the biggest challenge the country faces is the enforcement of the rule of law. Some are able to walk free, there are many cases where young men wielding swords, machetes and weapons are shedding blood. The whole country used to be in shock when they heard of a murders, but since 2007, we’ve seen over 30 murders. Everyone believes upholding the rule of law is essential in putting an end to this. In the past year, President Yameen, has taken an important step forward for a resolution. For example, the amendment to the Possession of Dangerous Weapons Act, charges will be pressed within ten days and it will be prosecuted within 30 days. This will prevent the intimidation of witnesses, and the accused changing their confession statements. We also have a draft of the Criminal Procedure Act; with this it shows President Yameen is working to turn this country. This is not an easy task for any leader, especially with a large youth bulge.

How does this relate to democratization?

What I’m trying to say is, politics rolls from the courage and determination of politicians, not just from what is written in the law. It must be implemented. To show he has the courage to implement the law, President Abdulla Yameen has said he will enforce the death penalty, once it has passed through all necessary appeals. Delivering justice is our biggest aim. We are in a state of fear, we are seeing such gruesome scenes, who would want to see this?

When there is a link between political stability and public safety, does the government have any plans to initiate talks?

The President met with us on Wednesday, and he said he is always ready for dialogue, but on reasonable grounds. If you look at the real issue behind the current crisis, all these trials are not yet completed. The opposition’s role is to criticize the governing party, MDP is good, and MDP must criticize the government. But the JP’s motives are unclear.

They are not coming out for the people. Gasim Ibrahim is working in his own interest. He left Mohamed Nasheed in 2008, after only 21 days in government, because he did not get what he wanted. It’s the same with us. Even if Mohamed Nasheed comes to power next, if he doesn’t oblige with Gasim’s demands, he will do the same. They were behind the 22 days of protests prior to Nasheed’s resignation. These are the same people who cried and hugged each other when he resigned. And the people who carried Nasheed’s resignation letter, the people who spurred the country into two years of chaos, who forced MDP supporters to the streets shouting traitor, they cannot be clean now. So I think tomorrow’s protests will amount to zero. There will be no benefit to anyone.

They cannot say this government wasn’t elected legally. The question is are Maldivians in the business of overthrowing governments? Are we engaged day to day in overthrowing governments? This cannot become our daily lives.

When the government hands him lagoons, islands, forgives him the money he owes the government, he will turn on Mohamed Nasheed.

So what is your government’s plans to ensure political stability?

Following the events of February 7, some people believe the president will resign. Because Nasheed did. President Yameen will not do that. He is firm, he will not resign and go home. He will face challenges, and he will ensure safety for everyone, and ensure the country remains a sovereign state. This government will not allow any acts that affect our sovereignty. He will protect our sovereignty. The national security forces will stop such acts. I am certain.

Opposition parties are claiming former President Mohamed Nasheed and former Defense Minister’s charges are politically motivated. What is your response?

Honestly, if you look at the sequence of events, our new constitution does not give the opportunity for politically motivated charges to be levied against any individual. This is different to previous years, when the president could arrest someone at will for their political beliefs. Political parties are free to operate now, it’s been ten years since we were granted that right. Prosecuting someone for crimes they commit, or may commit is upholding the rule of law; this is the norm anywhere in the world. This is one of the strongest facets of democracy. Justice must be ensured. If this is a society, where an individual is able to evade justice after committing a crime, then there is no democracy here. Even if its President Nasheed or former minister Nazim.

I want to note, it is not the government that presses charges, the constitution clearly states it is the independent Prosecutor General who presses charges. Now, some argue the PG is pro-government. A PG must be appointed to the post through the Majlis as per the constitution. Where will you go, to which court, to see if the person is independent and impartial? As we transition to democracy, there have been many events where all parties were not satisfied with the outcome. This is because we are not a consolidated, institutionalized democracy. The new constitution was most heavily influenced by the then-opposition. Are we to go back to square one again? Where do we start again? Or do we go forward with the current situation, everyone cannot be appeased all the time.

They cannot show us any evidence to back their claim that these charges are politically motivated. President Abdulla Yameen did not initiate these trials. We do not see his involvement at any level in this. But Mohamed Nasheed was involved in the arrest of the judge, he has said so in public, at three events, he went so far as to claim Judge Abdulla would not be able to go within 100 meters of the court. We can see his engagement to that level. But President Yameen has not commented even once on today’s events. I can clearly testify to this.

Many have expressed concern over the Criminal Court denying Nasheed legal representation, when the court sentenced him to pre-trial detention

The problem here is that this case concerns a former president. I personally do not believe a former president should be dragged to court just like that. I am the ruling Progressive Party of the Maldives’ parliamentary group leader. Why? Because I proposed the law on privileges to former presidents. Even then I attempted to stop events such as this. The law had an article 9 – MDP threw it out. I had proposed that if criminal charges are to be pressed against a former president, they be passed by a Majlis committee or a majority or two third majority of Majlis. This is not saying they shouldn’t go to court. But MDP annulled it. The result is the challenges President Nasheed is currently facing.

At the time, my idea was that – not everyone becomes president. They would have to take many decisions, which they cannot share with the public, due to national security reasons. So we cannot prosecute them the same way as any ordinary person.

This is not to say that if they commit a crime, whether its Nasheed or Gayoom, the law must apply to them. But because they were former presidents, I tried to ease it for them.

Anyhow, charges have been pressed. And on Nasheed not having had enough time to appoint a lawyer, I hear Nasheed has been afforded the opportunity to defend himself. He still has the opportunity to defend himself, the opportunity to tell us why, for what reasons, he did it. I believe he has that opportunity.

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Nasheed denies ordering Judge Abdulla arrest, granted three days to answer charges

Former President Mohamed Nasheed has denied ordering Criminal Court Chief Judge Abdulla Mohamed’s arrest at the second hearing of a surprise terrorism trial.

“As President of the Maldives, I did not order any harm unto or the arrest of any citizen,” the opposition leader told the Criminal Court tonight.

“These are politically motivated charges, an atrocity planned and carried out by the government,” he said.

Nasheed said he had no hope of a free and fair trial, noting that the Prosecutor General (PG) Muhthaz Muhsin and two of the three judges presiding over his trial were among the state’s witnesses.

Addressing Judges Abdulla Didi and Abdul Bari Yoosuf, Nasheed said: “You saw this very closely. You are his [Judge Abdulla’s] colleagues. I do not see how you, by the Islamic Shari’ah, Maldivian laws and international laws, could deliver an impartial verdict.”

Tonight’s hearing ended with the Criminal Court granting Nasheed three extra days to prepare his defence, after his lawyers claimed they had not had adequate time to research and review the state’s charges and evidence.

The opposition leader was arrested on Sunday ahead of a surprise hearing on terrorism the next day. The Criminal Court had denied him legal representation at the time and ruled he be kept in police custody until the end of the trial.

“Politically motivated atrocity”

Before the hearing began, Nasheed and his four-member legal team complained over seating arrangements which separated the former president from his lawyers. The former president requested to be seated among his lawyers to be allowed to confer with them easily.

The three-judge panel refused to change the setup, but did allow lawyers to approach the defence stand and consult with Nasheed throughout the trial.

In his opening remarks, Nasheed pointed out PG Muhthaz Muhsin, a former Criminal Court judge, was Judge Abdulla Mohamed’s colleague. Muhsin had withdrawn lesser charges submitted by former  PG Ahmed Muizz and asked Nasheed be prosecuted under a harsher terror law.

Nasheed is now being tried under the 1990 Anti Terrorism Act, which considers abductions, kidnapping and attempts to do so as acts of terror.

Muhsin’s decision to re-prosecute demonstrated the political nature of the charges, Nasheed contended.

The PG raises criminal charges on behalf of the public to ensure public safety, Nasheed continued, stating: “Public support for me during the presidential elections, 49 percent, demonstrate they do not view me as a terrorist.”

“My concern is not on damages I would be caused, but on the dark shadow [this trial] would cast on Maldives’ future,” he added.

Noting the Criminal Court had denied him legal representation at a first hearing, and ruled he be held in pre-trial detention, Nasheed said: “What I’m seeing is that you are unable to or face great difficulty in ensuring a fair trial.”

The three judges did not respond to Nasheed’s statements, and upon his request asked lawyers to proceed with his defence.

Lawyer Abdulla Shaairu then held up a thick sheaf of papers and said the legal team had not had adequate time to prepare a defence. In the three days granted previously, lawyers were only able to skim through documents and needed more time to clarify the exact nature of charges, he added.

Judge Didi agreed, and adjourned the hearing. Judge Sujau Usman is the third member of the Criminal Court panel.

In a statement earlier this week, PG Muhsin said there were no legal obstacles to pressing terrorism charges. Meanwhile, the ruling Progressive Party of the Maldives (PPM) insists it has no influence over the independent PG and independent courts.

Nasheed’s trial demonstrates “no one is above the law,” PPM MPs have claimed.

Judge Mohamed’s detention in January 2012 triggered three weeks of nightly protests, culminating in a police and army mutiny forcing Nasheed’s resignation.

Manhandled

Nasheed appeared in court on Monday with his arm in a makeshift sling after a scuffle in which police manhandled the former president as he attempted to speak with journalists outside the Justice Building.

The EU, UN, Commonwealth, US, India, Canada and UK have expressed concern over Nasheed’s arrest, subsequent terrorism charges and denial of legal representation.

Current Defence Minister Moosa Ali Jaleel, then-Defence Minister Tholhath Ibrahim, MDP MP and retired Brigadier General Ibrahim Mohamed Didi and retired Colonel Mohamed Ziyad are also facing terrorism charges over the judge’s detention.

All have pleaded not guilty to charges.

On Tuesday, Nasheed’s lawyers named presiding Judges Abdulla Didi and Abdul Bari Yoosuf as witnesses, noting the pair had been present with Judge Mohamed at the time of his arrest, and requested they withdraw from the bench.

Nasheed’s trial comes shortly after the MDP and former ruling coalition partner Jumhooree Party allied against what they call President Abdulla Yameen’s repeated violations of the constitution.

The allied opposition parties have planned mass demonstrations for tomorrow (February 27) and have pledged to topple Yameen’s administration.


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Nazim accused of conspiring with Villa group to harm state officials

State prosecutors have accused former Defense Minister Mohamed Nazim of conspiring with opposition Jumhooree Party (JP) Leader Gasim Ibrahim’s Villa Group to harm state officials.

At today’s first hearing on an illegal weapons charge, State Prosecutor Adam Arif said documents on a pen drive confiscated from Nazim’s house during a January 18 raid show the former defence minister was planning individual and joint operations, financed by the Villa group, to cause bodily harm to “senior honourable state officials.”

The pen drive was confiscated along with a pistol, live bullets and an improvised explosive device during the early morning raid, police have previously said.

Presiding Judge Sujau Usman denied Nazim legal representation at today’s hearing stating the Prosecutor General’s Office had not yet decided which documents from the pen drive were to be kept confidential and which were to be made public.

However, Nazim’s lawyer Maumoon Hameed was allowed inside the courtroom as an observer.

The former defense minister pleaded not guilty. Judge Usman gave Nazim three days to re-appoint a lawyer and answer charges. He is to be kept in police custody until the trial ends.

Nazim’s trial comes amidst heightened tension in Malé. Former President Mohamed Nasheed is also in police custody pending a verdict in terrorism charges over the military detention of a Criminal Court Judge in January 2012. Nasheed’s Maldivian Democratic Party and Gasim’s JP formed an alliance shortly after the weapons find at Nazim’s house and have pledged to overthrow President Abdulla Yameen’s government.

Nazim’s wife, Afaaf Abdul Majeed, was also in court today on the same charges. But Arif told the court the PG’s office was withdrawing charges, claiming the confidential documents had brought to light new information.

Obstacle to justice

Speaking to reporters outside the courtroom, Hameed said the state’s decision to present confidential documents present “a major obstacle in ensuring a fair trial for Nazim.”

“We will not be able to respond to any of the confidential documents, which hampers his right to justice. We will object to this, and we will do everything within our means to protect Nazim’s rights.”

According to Hameed, the court has not yet provided lawyers with any case documents on charges against Nazim or Afaaf.

“We believe there is no basis to charges against Colonel Nazim’s wife, in the same vein, we believe there is no basis to prosecute Nazim as well,” he said.

Afaaf was sent a summons to attend today’s trial on Monday, despite having received no indication she was under suspicion for possessing illegal weapons.

When the trial began, she was sitting next to Nazim at the defence stand, but was later transferred to the observer stand.

When Nazim left the courtroom he passed by the observer stand, and said to his family, “your mother is now free.”

“My freedom alone won’t do,” Afaaf replied.

Hameed said the Criminal Court in a separate remand hearing ruled Nazim posed a threat to society and must be kept in police custody until the trial ended.

Hameed said he would appeal the ruling as well as a February 11 ruling in which Nazim was remanded for 15 days on additional charges of treason and terrorism.

Despite the controversial weapons find on January 18, the police made no moves to arrest the former minister, and Nazim continued to fulfil his ministerial duties the next day.

President’s Spokesperson Ibrahim Muaz Ali at the time told media that President Abdulla Yameen continued to have “full confidence” in Nazim.

The following day (January 20) Nazim was dismissed. On February 9, police submitted files to the PG Office requesting charges be pressed against Nazim for illegal weapons possession.

Within hours, at 12:30am on February 10, police arrested Nazim on new terrorism and treason charges.

The former minister’s defence team said the weapons were planted at his residence, alleging police officers spent ten minutes inside Nazim’s apartment alone after they herded the retired colonel and his family into the living room.

The former Police Chief Abdulla Riyaz claimed Nazim is being framed.

Police have repeatedly denied framing Nazim, describing allegations as a “baseless” attempt at discrediting the force.

Despite Nazim’s detention on new charges, the police have not questioned the former minister even once, Hameed claimed.

State prosecutors did not offer substantive evidence to either arrest Nazim or keep him in detention, Hameed contended.

The allied opposition parties have described the state’s prosecution of Nazim and Nasheed, as well as alleged economic sanctions against Gasim as part of President Yameen’s plan to establish authoritarian control.

The government, however, claims it has no influence in the charges against Nasheed and Nazim, stating the trials were initiated by an independent Prosecutor General and tried through independent courts.



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Angry crowd threatens to assault Human Rights Commissioners

A group of five angry middle-aged men entered the Human Rights Commission of the Maldives (HRCM) offices at 10:00am on Tuesday and threatened to assault the five commissioners.

According to HRCM member Jeehan Mahmoud, the group was unhappy over a statement issued by the commission on Monday condemning the police’s mistreatment of former President Mohamed Nasheed at the Criminal Court.

The HRCM statement had condemned the police’s disproportionate use of force against Nasheed, and urged the state to immediately extend medical attention and access to a lawyer.

The commission said it was “investigating the police’s brutal treatment of the former president.”

Jeehan said the group threatened to harm the five commission members and demanded a meeting immediately. When HRCM staff declined, the group threatened to harass the members on the street.

“Inciting hatred and violence and issuing threats is an offence,” she said.

According to Jeehan, members of the public frequently harass HRCM, alleging the commission is biased and does not exercise its powers fully.

“But this is the first time in a while that we’ve had such a direct threat of bodily harm. However, this will not affect out work at all,” she said.

The statement had been approved by all five members of the commission and signed by its Secretary General, Jeehan noted.

The Maldives Police Services have confirmed the case is under investigation.

Nasheed is currently being held in pre-trial detention at the Dhoonidhoo Island Detention Centre. He is charged with terrorism over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Speaking to Raajje TV after a visit with Nasheed, his wife Laila Ali revealed that doctors said there was an injury to the former president’s shoulder and recommended he undergo physiotherapy for a week.

A police spokesperson confirmed Nasheed had seen a doctor at Medica Clinic in Malé at 2:20pm yesterday. Neither his family nor lawyers were informed.

The police had manhandled Nasheed when he attempted to answer questions posed by journalists upon his arrival at the Justice Building at 4:00pm on Monday.

Minivan News journalists observed Nasheed repeatedly asking the police to pull back, saying he would walk into the court room on his own accord. Villa TV cameramen captured footage of a police officer twisting Nasheed’s thumb.

Nasheed fell down and his shirt was torn in the process. Half an hour later, he appeared in court with his arm in a makeshift sling.

The opposition leader said his arm was broken and asked for immediate medical attention and right to legal counsel. Presiding Judge Abdulla Didi ignored his request and proceeded with the trial.

The Maldives Police Services have denied brutalising Nasheed and dismissed his claim of a broken arm, claiming the former president had staged his own fall while resisting police attempts to escort him into the court building.

The EU, UN, Commonwealth, India, US and Canada have expressed concern over Nasheed’s arrest and trial. Foreign Minister Dunya Maumoon has since hit back at international statements, claiming they were biased towards the opposition and poorly researched.

Speaking on TVM’s “Maldives Today” programme on Monday night, Presidential Affairs Minister Mohamed ‘Mundhu’ Hussein Shareef accused Nasheed of playing “stunts” in order to get international media attention and said such incidents tarnished Maldives’ image.

Tourism Minister Ahmed Adeeb said Nasheed must be tried and penalised to ensure justice is done to Judge Abdulla Mohamed and his family.


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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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Nasheed’s lawyers name Judges Didi, Yoosuf as witnesses, request their withdrawal from terrorism trial

Additional reporting by Mohamed Saif Fathih and Ismail Humaam Hamid

Former President Mohamed Nasheed’s lawyers have named two of the three judges overseeing the opposition leader’s terrorism trial as witnesses, and requested the pair to excuse themselves from the bench.

In a letter to the Criminal Court today, lawyer Hassan Latheef asked Judge Abdulla Didi and Abdul Bari Yoosuf to step down, noting that the two were present with Judge Abdulla Mohamed at his residence during his arrest by the military.

The two judges witnessed the conversation between Judge Abdulla Mohamed and military officers, and could testify he had not been kidnapped as charged by the Prosecutor General, Latheef contended.

Nasheed is being prosecuted for the judge’s detention under the Prevention of Terrorism Act of 1990, which criminalises kidnappings and abductions. The offence carries a jail term between 10 and 15 years.

At a first hearing yesterday, Judge Abdulla Didi gave Nasheed three days to appoint a lawyer and answer charges. The former president is to be kept in police custody until the end of the trial.

Speaking to Minivan News, Nasheed’s lawyers continued to express concern over bureaucratic delays in both appealing the Criminal Court’s arrest warrant and registering to represent him at the next hearing on Thursday.

The Commonwealth, India, US, and Canada have expressed concern over the former president’s arrest and denial of right to legal counsel and appeal.

Medical attention

A police spokesperson confirmed to Minivan News that Nasheed was brought to Malé at 2:20pm today for medical attention upon his request. But neither his lawyers nor his family were informed. 

Nasheed limped into the courtroom yesterday using his tie as a makeshift sling for his arm. He claimed police officers had broken his arm and repeatedly asked for immediate medical attention.

The Maldives Police Services’ Superintendent Hamdhoon Rasheed denied allegations of police brutality last night, claiming Nasheed had staged his own fall.

Rasheed said Nasheed’s fingers and arms were not hurt according to doctors at the Dhoonidhoo Island Detention Center.

Nasheed’s legal team said they are not certain if police had arranged for an x-ray as advised by the doctor.

A police spokesperson declined to comment on the matter, stating: “medical assistance and attention will be given to all detainees under police custody.”

Nasheed’s lawyers have now requested Home Minister Umar Naseer to transfer him to house arrest.

“We are extremely concerned about the safety and security of President Nasheed, especially after what we saw yesterday in front of the court house. The police brutalised President Nasheed in front of the press and he is physically hurt,” Latheef said.

Judge Didi ordered the police to provide Nasheed appropriate medical care while he remains in custody.

Appeal delayed

Lawyers were unable to appeal the Criminal Court issued arrest warrant today as the forms required Nasheed’s signatures and had to be submitted to the Criminal Court before noon.

New appeal regulations state appeals of any court ruling must be first submitted to the court responsible for issuing the ruling. The court would then forward the forms to the appellate court.

Nasheed’s five-member legal team attempted to file an appeal on Monday, but were unable to do so due to the Criminal Court’s failure to provide the forms.

Lawyers said the Supreme Court’s new regulations impede the right to appeal as enshrined in the constitution.

The opposition Maldivian Democratic Party (MDP) has meanwhile requested the Human Rights Commission of the Maldives (HRCM) to investigate the police’s treatment of the former president, his arrest and proceedings of the terrorism trial.

HRCM member Jeehan Mahmoud confirmed the commission’s staff had visited the former president at Dhoonidhoo last night, but declined to give further details.

In a statement condemning the police’s unlawful use of force yesterday, the HRCM also called on the police to provide Nasheed with medical attention immediately and ensure he is afforded all constitutional rights.

The Police Integrity Commission was not responding to calls at the time of press.

Speaking to Minivan News, a spokesperson from the Prosecutor General’s Office today insisted the office was following due process in charging Nasheed with terrorism.

The PG’s office had initially charged Nasheed with arbitrary detention under the soon to be outdated Penal Code, but withdrew charges on February 15 for further review.

A statement issued on Sunday said Prosecutor General Muhuthaz Muhsin had decided “the best way [forward] in this case is to change the charges raised against Mohamed Nasheed and the court in which it was filed”.

“Therefore, as the case against Mohamed Nasheed is in the court process, we note that it is not desirable for politicians, some members of the public, political parties, and some media to talk in a way that both creates anxiety among the public about verdicts issued by courts and causes loss of confidence in independent institutions created by the constitution,” read the statement.


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Nasheed denied right to appoint lawyer and appeal “arbitrary” arrest warrant, contend lawyers

Former President Mohamed Nasheed is being denied the constitutional right to appoint a lawyer as well as the right to appeal the Criminal Court’s “arbitrary” arrest warrant ahead of a surprise terrorism trial due to commence today, contends the opposition leader’s legal team.

At a press conference this afternoon, Nasheed’s legal team revealed that the Criminal Court informed the lawyers this morning that they had to register at the court two days in advance despite being unaware of the trial until the former president’s arrest less than 24 hours ago.

“How can we submit forms two days ahead for a trial we did not know would take place two days before? It is clear to any sane person, this is absolute nonsense,” said Hisaan Hussain.

Nasheed was arrested at 2:30pm from his residence Yagoothuge yesterday (February 22). The warrant issued by the Criminal Court stated that Nasheed was being arrested on suspicion that he may abscond from trial.

Prosecutor General (PG) Muhthaz Muhsin filed terrorism charges against the former president yesterday over the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The court first informed Nasheed’s lawyers – Hisaan Hussain, Hassan Latheef and Ibrahim Riffath – that they could not advocate at the Criminal Court as neither were officially registered.

Hassan Latheef noted that the Criminal Court’s registrar also refused to meet the lawyers before 1:30pm.

Two other lawyers from the five-member legal team – Abdulla Shaairu and Ahmed Abdulla Afeef, prominent criminal defence lawyers who are both registered at the Criminal Court – were then told that they must register again to represent Nasheed.

However, the court subsequently informed the pair that according to court regulations they must submit registration forms two days in advance to be authorised to represent Nasheed at today’s trial.

“We only found out charges had been filed by the Prosecutor General yesterday. There is no way we could have submitted forms ahead of that two day period,” said Shaairu.

“The constitution clearly affords all citizens the right to legal counsel, from the moment they are first accused to the moment the suspicion is resolved. Here, we are speaking of a man who is a former president, a man who has the majority support of the public. If he is not treated justly, what hope is there for the ordinary man?”

Right to appeal

Under new regulations enacted by the Supreme Court this month outlining the appeal process, Nasheed’s lawyers explained that appeal forms must be sent through the trial court to the appellate court.

In order to appeal the arrest warrant, the lawyers explained, the appeal must be filed at the Criminal Court, which would then forward the case to the High Court within a seven day period.

However, the Criminal Court informed Nasheed’s lawyers this morning that the new appeal forms had not been provided to the court.

Hisaan noted that the Criminal Court was unlikely to expedite the process of appealing its own rulings, “especially in cases of unlawful arrest.”

The new regulations deny citizens the constitutional right to appeal court decisions, she asserted.

Ahmed Abdulla Afeef meanwhile suggested that the Criminal Court could use the sample form provided by the Supreme Court and copy the trial court’s letterhead, adding that the legal team was ready with all the paperwork to submit the appeal as soon as possible.

“Arbitrary”

Nasheed’s lawyers also expressed concern over “several irregularities” in the warrant signed by Judge Abdul Bari Yoosuf at 12:30pm yesterday, noting the absence of  key information such as place and time period of detention.

Despite the Criminal Court scheduling the first hearing of the terrorism trial for 4:00pm today, the warrant does not state that Nasheed must be brought to trial today.

Moreover, under normal procedure, police request arrest warrants to detain a suspect in an investigation.

However, in Nasheed’s case, PG Muhsin personally went to the Criminal Court yesterday and obtained the warrant, the lawyers revealed.

“We have always noted the state in prosecuting President Nasheed, has previously acted unlawfully. In this instance, we see the Prosecutor General so clearly and publicly flouting the law for political motives. We call on the PG to show independence and to act within the constitution,” said Hisaan.

The legal team also revealed that the Criminal Court has issued a new warrant ordering police to present Nasheed at for the terrorism trial due to begin at 4:00pm.

The lawyers noted the lack of continuity between the warrants, arguing that Nasheed must be released immediately if yesterday’s warrant is now outdated.

“I think police themselves are not clear what to do next. There is no time period in the warrant, so should he be brought before court in 24 hours? But that is done when an individual is arrested in an ongoing investigation, if there is no court order,” explained Hisaan.

“And if there is a court warrant, then the time period in the warrant expires. This case, however, is not an ongoing investigation.
It is not clear to anyone what they are trying to do. All we know is that there’s been serious and several violations of the constitutions, law and norms in issuing this warrant and in arresting the former president.”

“Abscond from trial”

Nasheed was arrested on the grounds that he had attempted to abscond trial during proceedings at the Hulhumalé Magistrate Court last year. A police intelligence report was also submitted as evidence to obtain the arrest warrant.

But the lawyers insist Nasheed cannot be held in detention because he “had never absconded from court, nor have taken the opportunity to flee or go into hiding, during numerous opportunities he had in the past few weeks to travel abroad, and that he had expressly informed the judiciary and Prosecutor General that he does not have any intention to abscond from Court or avoid charges being brought against him.”

PG Office Spokesperson Adam Arif told Minivan News that Nasheed’s arrest warrant was different from those issued in instances where an individual refuses to appear at court.

Nasheed had not previously been informed he would be prosecuted on terrorism charges.

Meanwhile, the PG office insisted in a statement yesterday that there was no legal “obstacle” to raising charges against former President Nasheed as a court had not ruled that the case submitted to the Hulhumalé Magistrate Court on September 1, 2012 could not be heard.

After withdrawing the case for further review on February 15, the Prosecutor General decided “the best way [forward] in this case is to change the charges raised against Mohamed Nasheed and the court in which it was filed”.

The PG pressed terrorism charges against the former president under authority granted by the constitution, the Prosecutor General’s Act, and High Court rulings, the statement added.

“Therefore, as the case against Mohamed Nasheed is in the court process, we note that it is not desirable for politicians, some members of the public, political parties, and some media to talk in a way that both creates anxiety among the public about verdicts issued by courts and causes loss of confidence in independent institutions created by the constitution,” reads the PG’s statement.

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Nasheed calls for Indian protection in state of emergency

Opposition leader and former President Mohamed Nasheed has called for Indian protection and intervention, claiming he fears President Abdulla Yameen may impose a state of emergency as the Maldives’ current political crisis deepens.

“I fear Yameen could impose emergency as he loses further ground. Under such circumstances he will ensure mass arrests, including my arrest. I urge India, as our closest neighbour, to intervene at that stage to ensure safety and security of political activists,” he told the Indian Economic Times.

The call comes in the wake of an alliance between MDP and former ruling coalition partner Jumhooree Party (JP) against what they allege to be Progressive Party of the Maldives’ (PPM) repeated violation of the constitution.

The opposition has called for President Yameen’s resignation and the MDP has since pledged to help JP Leader Gasim Ibrahim to assume the presidency.

Speaking to Minivan News today, PPM’s parliamentary group leader MP Ahmed Nihan condemned Nasheed’s “irresponsible” call on India to intervene in the Maldives’ internal affairs.

“Urging India to intervene in a sovereign nation’s internal affairs is a betrayal of our constitution. Its results will be bitter, especially on the Maldivian public,” he said.

Meanwhile, Foreign Minister Dunya Maumoon in a tweet expressed confidence that India would not intervene in Maldives’ domestic politics.

Fresh polls

Nasheed accused President Yameen of authoritarianism, alleging he had undermined independent institutions and illegally sacked the Chief Justice and the Auditor General.

He told the Economic Times the opposition coalition is “certain to win majority on the floor” when the People’s Majlis resumes parliamentary sessions in March.

Afterwards, the opposition coalition would force Yameen to resign and pave way for fresh presidential polls in which they would field Gasim as an opposition candidate, he said.

“While any president of Maldives can continue without majority in parliament, it is morally difficult for him or her to continue in office. Besides the president will find it difficult to function as appointments of ministers need parliamentary approval,” he explained.

“Under such circumstances, Yameen will have to resign and there will be fresh presidential polls. MDP has decided to support Gasim as president in this elections and MDP will have ministers in that government. In 2018, MDP will field presidential candidate and Gasim’s Jumhooree Party will support that candidate. We are trying to work on this formula for long-term stability in Maldives.”

The JP and MDP at present control ten and 21 seats respectively. Two JP and one MDP MP recently defected to the PPM, increasing the ruling coalition’s seats to 51 in the 85-member house.

Nasheed has previously predicted ten ruling party MPs would soon join the opposition coalition.

“Jumhooree and our MDP will have a majority in parliament and that will be proved next month. To preempt this, I fear, Yameen will prorogue parliament, prorogue constitution and impose emergency. He may then want to rule by emergency for the rest of three years of presidency. That will be the worst case scenario,” he said.

Nihan countered Nasheed’s statement saying an opposition majority in Majlis “is near impossible” even if PPM MP Ahmed Mahloof leaves the party as rumours suggest.

The Vilimalé MP also dismissed Nasheed’s claim that PPM leader and former President of 30 years Maumoon Abdul Gayoom was “uncomfortable with his half brother, Yameen, the president.”

“There is no political disagreements between Maumoon and Yameen, and there are no fights within the PPM,” he said.

The PPM has held rallies of its own in support of Yameen on Thursday, with a 400-strong youth march in Malé followed by a rally attended by at least 2000 people.

President Yameen has called for the opposition to prove allegations of constitutional breach at court and said the opposition’s claims are “baseless.”

Nasheed had called for Indian help last week, claiming he may be arrested as the judiciary made moves to restart a trial over the controversial detention of Criminal Court Chief Judge Abdulla Mohamed. The Prosecutor General has since withdrawn charges.

Nasheed also sought refuge inside the Indian Embassy in Malé in February 2013 after a court order on the police to present him at court over the judge’s trial.



Related to this story

MDP, JP rally supporters ahead of mass February 27 march

Two JP MPs and 15 councilors defect to PPM

Nasheed asks for India’s protection if jailed

Nasheed leaves Indian High Commission, states “desire for stability”

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MDP, JP rally supporters ahead of mass February 27 march

Additional reporting by Ismail Humaam Hamid and Mohamed Saif Fathih

The Maldivian Democratic Party (MDP) and Jumhooree Party (JP) marched in Malé last night in a bid to rally supporters for a massive demonstration on February 27.

MDP Chairperson Ali Waheed said the February 27 gathering would usher in “a second February 7,” referring to the day former President Mohamed Nasheed resigned in 2012 following a police and army mutiny.

The allied opposition parties claim the ruling Progressive Party of the Maldives (PPM) has repeatedly violated the constitution. They have held nightly protests since February 11 calling on President Abdulla Yameen to resign. The PPM has described the protests as an attempt to disrupt the peace and dismissed the opposition’s claims as baseless.

“When a government oversteps its bounds, the public must stand up. We must come out tomorrow night as well. Especially on February 27, the second February 7, everyone must come out onto the streets, with their families, as if it were an Eid,” Waheed told reporters.

Opposition supporters, led by MDP’s Nasheed and JP leader Gasim Ibrahim, set out from Usfasgandu at 8:30 pm, circled the city of Malé and stopped at police barricades in front of the Maldives Monetary Authority building.

Four opposition supporters carrying MDP flags were arrested from the Republican Square after the march ended at 1:00am.

Speaking to reporters last night, Nasheed said Yameen’s administration had lost all legitimacy with the JP’s recent split from the coalition.

“There is no support for President Yameen. We believe Maldives needs fresh elections,” he said.

Gasim told reporters the JP had been forced to the streets to establish justice and end executive influence on independent institutions.

“I believe in a government of the people by the people,” he said.

As the opposition marched, the PPM held a rally at the Alimas Carnival in support of President Yameen and announced two MPs and 15 councilors had defected from the JP to the ruling party.

In the crowd

Businessmen Ali Hussein, 49, said he was protesting to prevent a slide into authoritarianism: “If we do not protest now, Yameen will do whatever he can to stay in power.”

Aishath Ismail, 32, concurred, saying “We have to get rid of the government for the sake of our children.” The opposition rallies represented the real public, she said, alleging a PPM march on Thursday evening had been attended by “paid thugs.”

The PPM’s 400-strong march prior to its evening rally, consisted mostly of young men wearing pink head bands. Some had their faces covered. Tourism Minister Adeeb said MDP labeled young men as thugs, and said only the elderly supported the opposition.

An Indira Gandhi Memorial Hospital worker at the opposition rally who wished to remain anonymous said she was a loyal MDP supporter and had no issues working with JP supporters, despite their key role in Nasheed’s ouster in 2012.

“We can stomach it. Yameen’s government has no principles. They are robbing the people, they are all thieves,” she said.

Meanwhile, Latheef, a loyal supporter of Gasim said the “MDP and JP are the same, with similar ideologies, even if they fight from time to time.”

“The whole country is in ruins. How can Yameen rule when he is so frequently out of the country?”

MDP Chairperson Waheed described the turnout as “an encouragement” to all citizens and said 20,000 people would participate in the Feb 27 rally.

President Yameen last night called on Gasim to remember the events of February 7 and end his alliance with the MDP. He also warned Nasheed he would not hesitate to implement a jail sentence, referring to stalled criminal charges over the detention of Criminal Court Judge Abdulla Mohamed in January 2012.

Yameen’s former Defense Minister Mohamed Nazim is currently in police custody on charges of treason and terrorism.



Related to this story

Two JP MPs and 15 councilors defect to PPM

Hundreds march in support of President Yameen

Nasheed defends coalition with former rivals

Opposition street demonstrations head into third consecutive night

Opposition alliance a “waste of time”, says Gayoom

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