Author: Zaheena Rasheed

Ex-president transferred to jail

Former president Mohamed Nasheed has been transferred from police custody today to a low security jail an hour away from the capital Malé.

Nasheed is serving a 13-year jail term on terrorism charges relating to the detention of a judge during his tenure.

He was convicted on March 13, but was held at the Dhoonidhoo Island remand centre until the home ministry finished constructing a special apartment at the high security prison on Maafushi Island.

The Maldives correctional services today transferred Nasheed to Asseyri jail on Himmafushi Island temporarily, saying Nasheed will be taken to Maafushi jail when his apartment is completed.

The office said it is not yet certain when the apartment will be ready.

The opposition leader’s lawyers meanwhile expressed concern over the police’s alleged failure to inform them of the transfer.

“We continue to have grave concerns over his safety. The police should in any case inform lawyers before they transfer any prisoner from one place to the other,” lawyer Hassan Latheef said.

Former first lady Laila Ali in March appealed to President Abdulla Yameen to give her assurances of Nasheed’s safety, saying she had received information from credible sources that he may be assassinated in jail.

Home minister Umar Naseer has previously said the government “guarantees the safety, welfare and protection of former president Mohamed Nasheed while in custody.”

He was to be incarcerated in a 264-square foot furnished prison apartment in Maafushi jail with air-conditioning, a sitting room, a television and VCD player.

The special apartment would have a 1,087 square foot garden and Nasheed would be able to “live with other inmate friends,” Naseer said.

In response, the office of former President Nasheed released a statement claiming the cell being prepared to house the opposition leader was in an area of the jail deemed unfit for human habitation.

“The use of the cell being prepared in Maafushi jail was discontinued after the Human Rights Commission of Maldives and the International Red Cross and Red Crescent determined in 2009 that it was unfit to hold people,” the statement read.

“The toilet of the cell currently being prepared is inside the cell. It was built such that unclean odours and bacteria fans out to the whole cell. It is adjacent to the jail’s garbage dump. Germs, bacteria and unclean air constantly circulate inside the cell.”

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Tourism minister challenges opposition to a confrontation on May Day

Tourism minister Ahmed Adeeb has challenged the opposition to a confrontation on May Day, prompting renewed calls for dialogue from human rights groups.

“Even if its May 1, June 1 or that grand February 27, if you dare to confront us, come, this government stands ready,” Adeeb said in southern Addu City on Saturday.

The government and opposition are at loggerheads over the imprisonment of opposition leaders including former President Mohamed Nasheed and former defence minister Mohamed Nazim.

Adeeb said the opposition is on a campaign to usurp control of the government, but said no amount of protesting “even if [protesters] wear out their slippers” would affect the government’s hold on power.

“I say, very loudly, we will not tolerate any bloodshed of or even a scrape on any young person, police officers or military officers,” he warned.

The opposition Maldivians Against Brutality coalition has meanwhile issued an ultimatum to the government to initiate talks by April 30, and has vowed to bring over 25,000 people on to the streets of Malé on May 1.

The coalition – made up of Maldivian Democratic Party, Adhaalath Party, members of Jumhooree Party, independent MPs and members of Nazim’s family – have been canvassing for support in the north and south of the country.

Speaking at a rally in Addu City on Friday, MDP chairperson Ali Waheed said: “We will not come out on the streets at 4pm, only to go home at 6pm. We will go home only when we see results. So everyone must go to Malé.”

Over 10,000 opposition supporters had staged a march in Malé on February 27 following Nasheed’s arrest, but the rally was unexpectedly called off at 6pm when the police threatened a crackdown.

Waheed in a separate speech on Thursday in Malé said President Abdulla Yameen cannot remain defiant on May Day and called on the police not to confront the “army of protesters.”

Yameen last week said he has no role in Nasheed and Nazim’s release, urging them to seek an appeal through the courts instead. But their lawyers say they have no hope of a fair trial due to the executive’s control of the judiciary.

Human rights NGOs today reiterated calls for dialogue, with the Maldivian Democracy Network (MDN) warning that May Day “now appears be the last day for a peaceful resolution.”

“It is already too late, negotiations should have taken place earlier. The government must heed the opposition’s calls, and both sides must refrain from any moves that may lead to conflict and confrontation,” MDN’s executive director Shahindha Ismail said.

She condemned what she called a gradual but increasing crackdown on protesters in recent weeks, noting hundreds have been arrested and now face charges, while the criminal court had unlawfully detained several protesters for weeks without charge when they refused a conditional release which would bar them from further protests.

Transparency Maldives also urged for calm and restraint, and appealed to the government to allow protesters to peacefully voice out their concerns.

“We are very concerned. These are political disputes, they must be solved through dialogue, not by jailing rival politicians,” TM’s Mohamed Thoriq Hamid said.

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Nasheed denied access to international lawyers

The police have denied jailed former President Mohamed Nasheed’s requests to contact his international legal team, stating they must first register with the attorney general’s office.

The opposition leader was sentenced to 13 years in jail last month on terrorism charges in a trial heavily criticised by foreign governments, the UN and Amnesty International for its apparent lack of due process.

Nasheed’s international legal team is made up of heavyweight human rights lawyers including Amal Clooney, who has advised the UN and is the wife of Hollywood actor George Clooney, Jared Genser, the founder of renowned campaign group for political prisoners Freedom Now and Ben Emmerson QC, a former UN rights chief on counter terrorism.

The international team is to push for Nasheed’s “freedom from arbitrary detention” through international lobbying mechanisms such as the UN working group on arbitrary detention, the opposition leader’s domestic legal team has said.

The working group’s decision on Nasheed’s detention will affect the international community’s policies towards the Maldives and will inform decisions on possible sanctions, lawyers said.

Speaking to the press today, Nasheed’s lawyer Hassan Latheef said Nasheed had met with a representative from the Commonwealth yesterday.

However, the former president refused to speak about his trial with the British judge Peter Beaumont CBE QC, stating an additional inquiry into his trial will serve no purpose.

“President Nasheed told the delegation he does not believe the commonwealth needs to do an additional inquiry into the Maldivian judiciary. He said the Commonwealth knows very well the state of the Maldivian judiciary and its courts, and so there is no meaning to do an additional report into his trial,” Hassan said.

Nasheed requested the Commonwealth’s aid in reforming the Maldives’ system of governance and criticised the government’s jailing of rivals, including himself and ex-defence minister Mohamed Nazim.

The result of the Commonwealth-backed inquiry into the 2012 transfer of power had undermined both the government and the opposition’s trust in the organisation, Nasheed reportedly said.

The inquiry was established after Nasheed claimed he had been forced to resign in a coup d’état following a military and police mutiny. But the commission’s report found the transfer of power to be lawful and said there was no mutiny.

Foreign minister Dunya Maumoon in February reacted harshly to Commonwealth criticism of Nasheed’s prosecution, stating the organisation had “wronged us in the past and you are still mistreating us.”

But with growing international criticism of the trial and sentence, the government invited representatives from the Commonwealth and EU to observe an appeal process.

However, Nasheed has refused to file an appeal, instead appealing to President Abdulla Yameen for a political solution. His supporters have called on President Yameen to release the former president by exercising powers granted in the clemency law.

The opposition has been protesting daily for two months over Nasheed’s arrest and imprisonment.

Correction: An earlier version of this article said Nasheed’s international lawyers were planning a visit to the Maldives. This is incorrect. Minivan News apologizes to its readers for the mistake.

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Maldives faces second crippling payout in airport dispute

The Maldives faces a payout of US$170million to a bank in the dispute over the government’s abrupt takeover of the main airport from an Indian developer in 2012, Minivan News can exclusively reveal.

India’s Axis bank, which loaned US$160million for airport development in 2011, is seeking repayment of the loan and an additional US$10million in interest and fees from the Maldives, according to submissions made to a Singaporean arbitration tribunal.

The airport developer, GMR group, is meanwhile claiming US$803million from the Maldives in a separate arbitration after the tribunal ruled the government had “wrongfully” terminated the concession agreement.

President Abdulla Yameen estimates Maldives will be required to pay a much lower figure of US$300million to GMR. If the Axis Bank wins its claim, the payout of US$470million may cripple the domestic economy.

Although total foreign reserves stood at US$614.7million by the end of 2014, usable reserves stood at only US$143.9million, according to the central bank.

Public debt meanwhile stands at 75 percent of GDP and is likely to increase this year with the government seeking additional loans to finance key projects including a US$600million loan for airport development.

The attorney general’s office last year denied receiving notice of the arbitration, but since then has been silent on the proceedings.

The office declined to comment on the arbitration today, and the ministry of finance was not available for comment at the time of going to press.

A verdict is expected in both the GMR and Axis Bank arbitrations by June.

Early termination?

The Axis bank, in a submission in February, said it is entitled to recover the US$170million from the government under an agreement that states the Maldives state is liable for the loan in the event of an early termination or an expropriation of the airport.

But the government in its first statements in 2013 denied having knowledge of the agreement with the Axis Bank.

When the signed agreement was produced, the government said declaring the concession void ab initio or invalid from the outset does not amount to an early termination.

When the separate tribunal in the first phase of the GMR arbitration said the concession agreement was valid and constituted a “wrongful repudiation” (refusal to honor the contract), the government in March this year claimed that “repudiation” alone does not lead to termination.

The government went on to blame the GMR for terminating the concession agreement by “accepting” the government’s repudiation, and said no force was used in the takeover.

Axis Bank is “perfectly entitled to recover the loaned sums from the party to which it loaned them” i.e. GMR, it continued.

However, the Axis Bank contended the Maldives argument to be “highly semantic” and said: “what words were used by the government to characterize its own acts are irrelevant to establishing whether the acts of the government amounted to an expropriation.”

The bank also pointed out the Maldives civil aviation authority had cancelled GMR’s aerodrome certificate from December 7, 2012, making it “legally impossible for GMR to continue to operate the airport.”

The government also accused the Axis Bank and GMR of colluding to extract large sums of money, claiming the infrastructure giant had paid for the bank’s litigation fees for the separate arbitration process.

As an Indian Bank for whom GMR was a major customer, the Axis Bank wanted to cement its relationship with GMR “by assisting it in making a very substantial claim for damages,” the government alleged.

The Axis Bank has dismissed the allegations as baseless.

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Opposition allege corruption in Thilafushi port deal

The opposition has alleged corruption in a new government deal with a Dubai-based marine terminal operator to establish a commercial port and free trade zone near Malé.

Opposition members have criticised the deal over an apparent lack of transparency, noting the government had signed an MoU with Dubai Ports (DP) World last month without an open bidding process.

DP World, among the world’s largest ports operators, is expected to invest up to US$300 million in a deep-water complex on the industrial island of Thilafushi, and create hundreds of jobs for Maldivians according to the government.

Tourism minister Ahmed Adeeb said the government will sign an agreement for a joint-venture company with DP World this month.

Former MP and MDP member Visam Ali said DP World was only interested in the Maldives to protect its multi-billion dollar port in India’s Cochin.

“Dubai World has already made a huge investment in the Maldives region. There are three main ports in this region, Colombo, Tutticorin and Cochin. Dubai World has made a US$2billion investment in the Cochin port, to handle a million containers at the same time,” she said at a rally in Kulhudhuffushi this weekend.

“Their only reason to invest in the Maldives is to protect that investment, because if there is a major port in the Maldives their investment in the Cochin port will fail. Maldives’ strategic location will make a port here more beneficial to traders. So Dubai World knows if there is a major port in the Maldives, their Cochin port will not be economically viable. So they are attempting to take control of the Maldives port. There is black money in this.”

Adeeb and DP World were unavailable for comment at the time of going to press.

Meanwhile, London-based maritime analysts Drewry Equity have characterised DP World’s interest in the Maldives as an attempt to take on Colombo’s position in the Indian Ocean, as the Maldives is “more strategically ideal as a cross-road between Far East-Europe and Far East-Africa trade lanes than the Colombo port.”

However, a Maldives port may “cannibalise” transshipment volume at DP World’s main port at Jebel Ali, Drewry said, adding that the best strategy for the company would be to operate the Maldives port as a low margin facility, possibly in partnership with a shipping line.

The maritime research organisation also said Maldives as a transshipment hub “is a digression from DP World’s core strategy of handling higher gateway cargoes, which allows for higher margins.”

Ruling Progressive Party of the Maldives MP Ahmed Nihan last week said the port was a first step in transforming the country into Singapore.

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Amal Clooney and other heavyweights to represent jailed ex President Nasheed

Jailed opposition leader Mohamed Nasheed has unveiled an international legal team including heavyweight human rights lawyers such as Amal Clooney.

Clooney, who has advised the UN and is the wife of Hollywood actor George Clooney, is accompanied by Jared Genser, the founder of the renowned campaign group for political prisoners Freedom Now, and Ben Emmerson, former UN rights chief on counter-terrorism and human rights.

Nasheed was sentenced to 13 years in jail last month on terrorism charges in a trial heavily criticised by observers including the UN and Amnesty International for its apparent lack of due process.

The former president hopes to increase international pressure on President Abdulla Yameen, who has so far remained silent in the face of the opposition’s daily protests, and calls for dialogue and a presidential pardon.

“I am very pleased to have such an extraordinary team agree to take up my legal defence internationally,” he said in a statement today.

Nasheed said he is determined to “ensure the world understands the injustice of my detention and the broader suffering of the Maldivian people under President Abdulla Yameen.”

President Yameen maintains he has no role in the trial, but called on the international community to respect the Criminal Court’s verdict.

The international team will push for Nasheed’s “freedom from arbitrary detention” through international lobbying and legal mechanisms such as the UN working group on arbitrary detention, the former president’s domestic legal team says.

The working group’s decision on Nasheed’s detention will affect the international community’s policy towards the Maldives, and would inform decisions on possible sanctions, they added.

Genser has represented Nobel Peace Prize laureates Aung San Suu Kyi and Liu Xiaobo, while Clooney has counseled political prisoners such as the former Prime Minister of Ukraine, Yulia Tymoshenko and Al Jazeera journalist Mohamed Fahmy.

Emmerson, meanwhile, is currently the British judge on international tribunals on Rwanda and the former Yugoslavia.

Nasheed on March 19 announced he would not seek an appeal after the Criminal Court failed to release required case documents on time, and said he is now seeking a political solution involving president Yameen.

The High Court still says Nasheed can appeal, claiming judges are authorized to accept late appeals if a “reasonable justification” is given, but Nasheed’s lawyers say Supreme Court has taken away the discretionary powers to judges in a new ruling in January.

Nasheed’s Maldivian Democratic Party describes Nasheed’s conviction as part of a broader government plan to silence dissent, a claim Yameen denies.

Since Nasheed’s conviction, former defence minister Mohamed Nazim has been sentenced to 13 years in jail on smuggling weapons and ruling party MP Ahmed Nazim was yesterday sentenced to 25 years in prison on corruption charges.

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Maldivian student evacuated from war-torn Yemen

A Maldivian student has been evacuated from Yemen’s capital along with hundreds of Indian nationals fleeing air strikes in an escalating sectarian conflict.

The student was flown from Sana’a to Djibouti yesterday and is now in India’s Mumbai, his family has confirmed. He is to arrive in Maldives tomorrow morning.

The student had gone to Sana’a in December last year to study the Qur’an.

The Foreign Ministry last week said families of two more students had asked to be evacuated.

But deputy minister for foreign affairs Fathimath Inaya told Minivan News the government the other two students, who are safe, had chosen not to leave the country yet.

According to Yemeni media, at least 500 foreign nationals have been evacuated from Sana’a since Thursday. The UN and diplomatic missions pulled their staff out last week.

A Saudi-led coalition has been bombing Yemen for nearly two weeks in an attempt off an insurgency led by Shia Houthi rebels.

The rebels took control of Sana’a earlier this year, forcing Yemeni President Abdabbauh Mansour Hadi to flee the country in February.

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Ruling party MP Nazim jailed for 25 years

The Supreme Court today sentenced ruling party MP Ahmed Nazim, a former close associate of the president, to 25 years in jail on corruption charges, stripping him of his parliamentary seat.

Nazim, an ex-deputy speaker of parliament, was found guilty of defrauding the state of MVR 1.4 million (US $91,400) by submitting bids on behalf of non-existent companies to supply 15,000 national flags to the now-defunct atolls ministry.

The conviction completes Nazim’s fall from grace at a time when the opposition has accused the government of targeting political rivals. Nazim, who helped President Abdulla Yameen found a party in 2008, appears to have fallen out of favour with the government.

The High Court in February 2013 acquitted Nazim on the basis that the witnesses, who had been his employees, were not credible, based on a Supreme Court precedent that testimony by accomplices to a crime is inadmissible .

However, the Supreme Court today unanimously ruled the employees were simply following Nazim’s orders in the scam, which took place in 2004.

Nazim’s downfall will trigger a parliamentary by-election in Meemu atoll Dhiggaru.

There are three more outstanding corruption charges against Nazim, which also involve the use of “paper companies” to win bids for the procurement of 220 harbor lights, sound systems for mosques and an additional 15,000 flags.

The police have previously said Nazim gained US$400,000 in total from the scams.

Police in October withheld the MP’s passport on unrelated charges of blackmail.

Tourism Minister Ahmed Adeeb at that time blamed Nazim for a damning report implicating him in a separate US$6million corruption scandal, and also accused Nazim of defamation following his refusal to support Nazim’s bid to become Speaker of parliament.

Scams

The scams, first flagged in an audit report in 2009, also involved ruling Progressive Party of the Maldives MP ‘Red Wave’ Ahmed Saleem and President Yameen’s half-brother Abdulla Hameed. Their cases are still pending at the High Court.

Saleem was the director of finance at the atolls ministry and Hameed was the minister at the time, while Nazim ran a company called Namira Engineering. Saleem and Hameed are charged with abuse of power and violation of state finance regulations.

During the original trial held at the Criminal Court, the then-employees of Nazim’s Namira Engineering testified under oath that they were instructed by Nazim to bid for the projects – however, the presiding judge concluded from their testimonies that they were responsible for the procurement fraud and therefore dismissed the testimonies against Nazim on all counts.

According to the audit report, documents of the company which won the bid, Malegam Tailors, showed that it shared the same phone number as Namira. Fast Tailors, another company that applied, also shared a different number registered under Namira.

Another company, Needlework Tailors, which submitted the bid, had an employee of Namira sign the documents under the title of general manager, while a fourth company named ‘Seaview Maldives Private Maldives’ did not exist.

Auditors noted that the Seaview bid documents had an exact date error also found in Fast Tailors documents, and said the error was sufficient to prove the same party had prepared both bids.

The prosecution began in late 2009 after police uncovered evidence that implicated Hameed, Saleem and Nazim in a number of fraudulent transactions.

At a press conference in August 2009, police exhibited numerous quotations, agreements, tender documents, receipts, bank statements and forged cheques showing that Nazim received over US$400,000 in the scam.

Police further alleged that MP Saleem actively assisted from the atoll ministry, while Nazim’s wife Zeenath Abdullah abused her position as a manager of the Bank of Maldives’ Villingili branch to deposit proceeds of the fraudulent conspiracy.

Police said Hameed as minister played a key role in the fraud by handing out bids without public announcements, making advance payments using cheques against the state asset and finance regulations, approving bid documents for unregistered companies and carrying out discriminatory treatment of bid applicants.

A hard disk seized during a raid of Nazim’s office in May 2009 allegedly contained copies of forged documents and bogus letterheads. Police alleged that money was channelled through the scam to Nazim, who then laundered cash through Namira Engineering and unregistered companies.

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Police ‘arrest’ MDP petition table

The police today confiscated a table set up by the opposition Maldivian Democratic Party to gather signatures for a petition to free jailed former president Mohamed Nasheed, claiming the furniture obstructed pedestrians and traffic.

The move sparked outrage and a flood of mockery on social media, with some calling for a new petition to free the table, while others questioned the police response to rising violence in Malé City, which has seen four murders in two months and continued stabbings.

A 32-year-old man was knifed in the capital last night, police said. Local media reported that he was not seriously injured.

The removal of the table comes as authorities crack down on opposition activities including anti-government protests. It also apparently fell foul of a power struggle between the housing ministry and opposition-dominated Malé City Council over who can grant permission for the use of public spaces.

One social media user, @sofwath, said: “Stop brutalizing the table. Free the table now!”

The MDP continued collecting signatures outside its offices on Malé’s Sosunmagu, despite the confiscation of the table. The petition urges President Abdulla Yameen to free Nasheed, who was sentenced last month to 13 years in jail on terrorism charges.

Translation: the collection of signatures on the petition has resumed at the MDP’s office.

A police media official said that the MDP had not sought the required permission from the housing ministry to set up tables on the pavement.

The housing ministry last year announced that it had the power to approve use of public land and roads in the capital, in an apparent removal of these powers from Malé city council.

But Malé City councillor Shamau Shareef said he did not recognise the housing ministry’s authority in this area, as its regulations usurped the opposition-dominated city council’s powers under the Decentralisation Act.

Several prominent individuals, including former president of the Elections Commission Fuwad Thowfeek and former environment minister Ahmed Abdulla, have now signed the petition.

The opposition Alliance Against Brutality last week brought in a power generator for a mass gathering at the Artificial Beach when the state-run electricity company refused to allow them to pay for the use of power lines.

STELCO reportedly said it could only power housing ministry approved events.

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