Author: Zaheena Rasheed

High Court says Nasheed can still appeal

Former president Mohamed Nasheed can still appeal a 13-year terrorism conviction at the High Court despite the end of the 10-day appeal period, the court says.

However, Nasheed’s lawyers say they believe they have no legal route through which to launch an appeal, and the ex-leader’s only hope for release is a clemency procedure initiated by the president.

The legal team says Nasheed is seeking a political solution involving President Abdulla Yameen, saying he has no faith in the judicial system to treat his case fairly.

Nasheed’s conviction last month was met with outrage from the opposition, which has been holding daily protests, while his trial was heavily criticised by several international bodies.

Late appeals

High Court judges are authorized to accept a late appeal if a “reasonable justification” is given, court media official Ameen Faisal said.

These include the lower court’s failure to provide detailed reports into court proceedings on time, as had happened in Nasheed’s case.

However, a lawyer on Nasheed’s team says there is no legal avenue to file an appeal, because the Supreme Court has removed the High Court’s discretionary power to accept late appeals.

This change was made in the same January ruling that shortened a 90-day appeal period to 10 days, shortly before Nasheed’s trial.

Only President Abdulla Yameen can now resolve the impasse, Nasheed’s lawyer Ibrahim Riffath said. The president can reduce Nasheed’s sentence through special powers granted in the Clemency Act.

In January, the Supreme Court voided Article 42 of the Judicature Act which set out appeal deadlines and gave judges discretionary powers in accepting late appeals.

The 90–180 day appeal period obstructed justice, the Supreme Court said. A new 10-day appeal period was set out, but the apex court was silent on procedures for late appeals.

Riffath said the High Court must now seek the Supreme Court’s instruction before accepting an appeal.

Political solution?

In any case, Nasheed’s team on March 19 announced that the former president desired a political solution and would not seek an appeal, stating he had no faith in the judiciary.

His lawyers believe such an appeal would inevitably fail, because they do not believe the High Court judges to be independent.

Six of the nine High Court judges are to be relocated to two new High Court branches with reduced powers in the north and south. The government-controlled judicial watchdog has not yet decided which judges will be relocated, and the threat of this demotion has silenced the judges, Nasheed’s lawyers believe.

President’s spokesperson Ibrahim Muaz Ali last week suggested President Yameen could consider granting a pardon if Nasheed asked for it, saying the office had not received a letter yet.

But Riffath said the normal clemency procedures do not apply in Nasheed’s case, as the president cannot pardon offences relating to terrorism. However, the president on his own initiative could reduce sentences or postpone them indefinitely under special procedures listed in Article 29 of the Clemency Act.

Article 29 states that the president can reduce sentences depending on the age, health or special circumstances of the convict.

Yameen has so far insisted that the court process is independent from his government and that he is not personally involved.

Daily protests are ongoing across the Maldives, and opposition leaders last Thursday reiterated calls for President Yameen to initiate talks.

The government last week stripped Nasheed of membership of the main opposition Maldivian Democratic Party, by using its parliamentary majority to pass a law banning prisoners from political party membership.

Separately, the ruling PPM has also submitted an amendment to the law on privileges for former presidents stripping any president who resigned – as Nasheed did, although he said it was under duress – from army protection and financial privileges.

Nasheed was convicted in a trial condemned by the UN, Amnesty International and the EU, US and UK over lack of due process. Amnesty called the trial a travesty of justice, while the UN said it made a mockery of the constitution and international treaties.

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Soldier to be punished over Facebook support for ex-minister

A soldier who expressed support online for imprisoned former defence minister Mohamed Nazim is to be punished by the army.

Hassan Firaz, stationed in Addu City in the south, on March 26 wrote a Facebook post that went viral, reading: “We are with you, Nazim sir”.

He made the comment, which was widely reproduced on Twitter, after the ex-minister was found guilty of smuggling weapons and sentenced to 11 years in jail.

A source close to Firaz told Minivan News the lance corporal was accused of making political statements and flown to Malé on Saturday.

He now faces demotion or relocation to a remote outpost, the source said.

A spokesperson for the Maldives National Defence Forces declined to comment on “internal matters”.

Nazim, who had served in the army for 25 years and held the post of defence minister for three years, commands widespread support in the army, two soldiers who asked to remain anonymous told Minivan News.

“People are unhappy about what has happened but they are too afraid to speak out,” one of the soldiers said.

The ex-minister’s brother Adam Azim in a tweet on March 29 claimed many police and army officers are loyal to Nazim.

President Abdulla Yameen dismissed Nazim from the cabinet after police discovered a pistol and three bullets at his home during a controversial midnight raid.

The ex-minister says rogue police officers planted the weapons on the orders of tourism minister Ahmed Adeeb, a claim the police and Adeeb deny.

Nazim’s family meanwhile said the trial was a conspiracy “in which powerful forces within the Maldivian government have sought to destroy him and thus prevent him from contesting for the leadership of the ruling party.”

The main opposition Maldivian Democratic Party said Nazim was unfairly sentenced, condemning the Criminal Court’s refusal to call a majority of defence witnesses.

Some nine high-ranking officers were dismissed for “sowing discord within the army” during the political turmoil of the contested presidential polls of 2013, which ended with a victory by president Yameen. Nazim was the defence minister at the time.

Ten aviation security command officers, who also report to the defence ministry, were also dismissed at that time. They were told they were being made redundant because of budgetary constraints.

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Tourists stranded in Maldives in liveaboard scams

Dozens of tourists are stranded each year in the Maldives by scams involving liveaboards, harming the country’s reputation among visitors, boat owners say.

Scammers use fraudulent websites to collect payments on liveaboards without the owner’s knowledge, leaving tourists stranded at the airport.

Others sell holidays on luxury cruisers, but when tourists arrive in the Maldives, transfer them to low-grade boats.

Boat owners are speaking out about the problem for the first time, saying they decided to do so out of frustration over a lack of action against the fraudsters.

Some 81 liveaboards — boats on which tourists stay for several nights, also known as safari boats — operate in the Maldives, offering surfing and diving trips, some with luxury accommodation.

A safari boat owner, who asked not to be named, said an Indian dive tour operator alerted him on March 19 to a Maldivian company selling a holiday on his boat without his knowledge.

He told Minivan News the government has failed to take action on scammers.

“This is very destructive and tarnishes the Maldives’ image,” he said, calling on the ministry to suspend licenses and blacklist fraudulent tour operators.

Amir Mansoor, the owner of the luxury liveaboard Carpe Diem, also said that liveaboard scams are frequent.

“This is very concerning, even if it’s two or fifty tourists a year, and affects the Maldives’ image,” he said.

Deputy tourism minister Hussain Lirar, however, denied any knowledge of fraud, but said the government would take action through law enforcement agencies against scammers.

The anonymous liveaboard owner said that at least 88 Russian and German tourists were stranded in November 2013 after a scam, and said he had rescued some tourists from the group.

The Liveaboard Association of Maldives (LAM) this week said it had received complaints from foreign tour operators, mostly in India and Hong Kong, involving fake bookings and operators collecting payments without offering a service.

“The scams involve fraudulent websites claiming to be authorized travel agents offering cheap liveaboards,” the organization said, following the March 19 alert from the Indian tour operator.

In the email obtained by Minivan News, the Indian company said it had been saved from fraud by its contacts in the Maldives and urged LAM to take action to ensure “those advertising as Maldivian agents do not defraud gullible tourists.”

LAM subsequently advised holidaymakers and tour operators to be wary of rock bottom prices in the Maldives and to book through agents listed on its website or reputable travel companies listed by the Maldives Association of Travel Agents and Tour Operators.

There are currently 1,367 beds available on safari boats in the Maldives, often costing hundreds of dollars a night.

A Hong Kong-based tour operator, which says it sends 2000 guests to the Maldives every year, said a tour operator called Poseidon Tours in 2012 stranded several guests “desperately in Malé without any excuse,” according to leaked emails.

Although the tourism ministry denied knowledge of scams, the emails show the operator wrote to the ministry and LAM throughout 2012 and 2013 asking them to penalise the scammer. The company threatened to go public with the scandal and asked for a response “before I do something that might hurt all of us.”

“It was the not the first case to our company and on and off we heard that other agents/guests were having similar experiences. I don’t think that this is a good reputation to your country,” the operator said.

The operator reimbursed its clients, but Minivan News was unable to confirm whether the government had taken action against Poseidon Tours.

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Three Maldivian students stranded in war-torn Yemen

Three Maldivian students are stranded in the capital of Yemen as the city is pounded by air strikes in an escalating conflict.

The Maldives foreign ministry today said it is in contact with the three students in Sana’a, who are safe for now, and is attempting to evacuate them.

“Our priority is to get them out as soon as possible. We are looking at all options,” said additional secretary Liusha Zahir.

Families of the three students alerted the foreign ministry after air strikes in Sanaa this weekend.

However, evacuation is difficult as there are no direct flights from Yemen to the Maldives, the foreign ministry said. The government is negotiating with international organizations and other countries to get the three out.

The Saudi Arabian navy on Sunday evacuated dozens of diplomats, while the UN pulled out its international staff.

The insurgency, led by Shia Houthi rebels, forced Yemeni President Abdabbauh Mansour Hadi to flee the country in February. A Saudi-led coalition has sent air and naval forces to the country.

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Government bars Nasheed from MDP

The government has barred ex-president Mohamed Nasheed from the Maldivian Democratic Party he co-founded by using its parliamentary majority to pass a law banning prisoners from political party membership.

Nasheed will lose his leadership and membership of the MDP because of a terrorism conviction this month relating to the detention of a judge during his period in power.

He was jailed for 13 years after being found guilty of terrorism in a case that his party says represented a politically-led campaign against him by the government of President Abdulla Yameen.

MDP MPs did not take part in the vote, but protested on the Majlis floor as deputy Speaker ‘Reeko’ Moosa Manik announced the vote, using megaphones and sirens to make his voice inaudible. The ruling Progressive Party of the Maldives has a strong majority in any case.

The law was passed by 42 votes in favour, with just two against.

Speaking to the press, MDP chairperson Ali Waheed said the party would not accept the amendment and would choose its own leader. Nasheed remains the MDP’s presidential candidate, the party has said, despite his jail sentence.

“The government, because they have absolute power, is trying to wipe out all political rivals. Note this, they will eventually try to disband the MDP. But how can they get rid of what is in our hearts?” Waheed said.

MDP MP Eva Abdulla said the party would not accept the government using the Majlis as “an extension of its tyranny to strip us of our democratic rights.”

“No amount of backtracking can strip him of the fact he formed the first political party in the country and became its first democratically elected leader. Or the fact that those who vote for this amendment today would not be in a political party if not for the hard work of this man to win them that freedom,” she told Minivan News.

Eva said the Majlis was being conducted unconstitutionally as standing orders prohibit sittings from going ahead without order on the floor. The MDP has been protesting on the floor at every sitting since March 2, and has said it will not stop until the government releases Nasheed.

The bill was never debated in parliament due to opposition protests, while PPM MPs were not responding to calls at the time of going to press.

The two MPs who voted against the amendment to the 2013 Prisons and Parole Act are Adhaalath Party MP Anara Naeem and Nolhivaram MP Hussein Areef, who recently resigned from the PPM.

The Adhaalath Party this month withdrew support for President Yameen’s administration, saying he was acting to eliminate political rivals, and instead formed an alliance with the MDP.

The amendment also bars prisoners from holding membership or leadership in non-governmental organizations for the duration of their prison term.

At an MDP protest outside the Majlis, Aminath Rasheedha, 47, said: “Yameen’s corrupt and unlawful government cannot decide who our presidential candidate is. That is for us to decide. Our president and leader will always be Mohamed Nasheed.”

MDP parliament protest

Separately, the ruling PPM has also submitted an amendment to the law on privileges for former presidents stripping any president who resigned – as Nasheed did, although he said it was under duress – from army protection and financial privileges.

Tensions are high in Malé, with the opposition’s daily protests now entering their seventh consecutive week. The police last week threatened to crackdown on protesters, claiming they were inciting violence and assaulting police officers.

Observers including the UN and Amnesty International have condemned Nasheed’s trial. Amnesty called it a travesty of justice, while the UN said it made a mockery of the constitution and international treaties.

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#NameThatPolice: Police photo warning sparks social media outcry

The Maldives Police Services on Friday warned social media users against harassing and posting photos of individual officers online, prompting a social media outcry with dozens of Twitter users posting pictures of police brutality with the hashtag #NameThatPolice.

“Publicizing photos of individual police officers, with warnings, on social media is unacceptable,” the police said, claiming the act was aimed at intimidating police officers and inciting hatred towards the police force.

Appealing to social media users to be more responsible, the police warned of penalties against continued harassment.

The warning came after opposition supporters started circulating photos of individual police officers accusing them of criminality, brutality and bribery. The police statement, however, appears to have escalated matters.

 

Many photos posted by Twitter users were from the brutal police crackdown in the aftermath of former President Mohamed Nasheed’s ouster on February 7, 2012. A Commonwealth backed national inquiry had recommended penalizing officers for brutality, but the opposition says the government had instead promoted officers accused of brutalizing protesters.

Mohamed Shaheed asked, “Are we not allowed to talk about this?”

Speaking to Minivan News, he said the public must publish photos of police brutality, “otherwise it will not stop.”
“This is not aimed at all police officers, just the ones who break the law,” he added.

Some tweets included comical photos of police carrying protesters to police vehicles.

“I think the warning by police is downright ridiculous. Nobody should tell us to stop speaking out against brutality. We will not remain silent when crimes are committed, be it police or any other state institution,” Twitter user Ibrahim Huzam told Minivan News.

“In addition to the lack of discipline and professionalism, police act very hostile towards the public, this is very wrong,” he added.

Tensions are high in Malé with the opposition protesting daily over the imprisonment of former President Mohamed Nasheed and former Defence Minister Mohamed Nazim. Protests have now entered a seventh consecutive week.

Confrontations between police and protesters have increased recently, and hundreds including MPs and journalists have been arrested.

Chief Superintendent of Police Abdulla Nawaz on March 26 said inidivdual police officers have been confronted and intimidated at their homes, adding that efforts were underway to “psychologically weaken” police personnel

Nawaz also accused certain media outlets of attempting to falsely portray police as brutal towards civilians and said the media cut off live feed when protesters attacked police officers. He warned the police would arrest media personnel if they obstruct police duty.

Former Defence Minister Mohamed Nazim has meanwhile accused the police’s Specialist Operations (SO) officers of framing him by planting illegal weapons at his home and committing criminal activities including the chopping down of Malé City’s Areca Palms in October last year.

The police have denied the accusations as baseless and untrue.

Nazim was sentenced to 11 years in jail on Thursday (March 26).

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Don’t switch off lights for Earth Hour, says Home Ministry

The Ministry of Home Affairs today ordered residents of Malé City to keep their lights on during Earth Hour.

Expressing concern over a recent spike in violence in Malé, Home Ministry Spokesperson Thazmeel Abdul Samad said: “Switching off lights for this year’s Earth Hour is prohibited for the safety and security of Malé’s residents.”

Earth Hour, organized globally by the World Wide Fund for Nature, calls on citizens of the world to switch off their lights for one hour between 8:30 and 9:30 pm on the last Saturday in March as a symbol of commitment to the planet.

The Home Ministry also shut down a music show organized by the Scouts Association tonight, but said roads will be closed to traffic between 8 and 10 pm to celebrate Earth Hour.

The opposition Maldivian Democratic Party (MDP) has meanwhile called for a march in Malé during Earth Hour in support of imprisoned former President Mohamed Nasheed, globally known for his advocacy against climate change.

Political tensions have been high in Malé following Nasheed’s and former Defence Minister Mohamed Nazim’s imprisonment. Many have speculated the Home Ministry shut down the Earth Hour event due to Nasheed’s popularity within the environmental movement.

Environmental campaigner and musician Ahmed Shiham said he was disappointed that a global event had “become politicized due to the government’s unfortunate decision.”

“It’s not a crime to switch off,” he said.

Environmental group Ecocare Maldives has also urged Malé residents to continue with the Switch Off event.

“Despite the government’s disapproval on celebrating Earth Hour in Malé, Ecocare Maldives would like to call all organizations, institutions and corporations to switch off your lights and participate in the hour! Be part of the global movement from 20:30 to 21:30. We encourage all individuals to take part and use your power to change climate change,” the NGO said in a statement today.

Fathimath Thanzeela, an organizer with Save the Beach in Malé’s suburb Villingili, said the group had called off a bonfire, an acoustic music show and a fire dancing performance on the Home Ministry’s orders.

“It’s very disappointing when the situation in the country deteriorates to the extent we are unable to hold an event for the environment,” she said.

The opposition alliance has been protesting nightly since February 10, initially over President Abdulla Yameen’s alleged breach of the Constitution, and later over Nazim and Nasheed’s arrest and convictions.

The Economic Development Ministry last week ordered all shops and cafes to be shut down an hour earlier, 10 pm and 12 am respectively following the spate of street violence and arson attacks.

A 25-year-old migrant worker, Shaheen Mia, was stabbed to death on March 22. At least four expatriate workers were stabbed in the following days. On March 19, a fire at a warehouse in Malé spread to neighboring residences driving hundreds from their homes temporarily.

Meanwhile, two vehicles were torched in Malé on Thursday night. The police have not made any arrests in any of these incidences so far.

The police have threatened to crack down on nightly protests, claiming protesters were disrupting local businesses and inciting violence. The opposition has denounced the threat as an attempt to silence dissent.

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US “deeply troubled” by Maldives’ questionable commitment to democracy, human rights

The United States has called into question the Maldives’ commitment to democracy and human rights following the imprisonment of former Defence Minister Mohamed Nazim and the arrest of three journalists from opposition protests last week.

“The United States is deeply troubled by recent developments in Maldives that call into question that nation’s commitment to democracy and individual human rights,” the US Department of State’s Office of the Spokesperson in Washington DC said on Friday.

Nazim’s “trial was particularly concerning, as it was marred by the same apparent lack of appropriate criminal procedures as the recent trial of former President Mohamed Nasheed,” said the office.

The Criminal Court on Thursday found Nazim guilty of smuggling weapons, and sentenced him to 11 years in jail. On March 13, the court convicted Nasheed of terrorism over the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012, and sentenced to him to 13 years in jail.

The US noted the Criminal Court’s refusal to call the majority of Nazim’s defence witnesses and said it had “concerns regarding the lack of impartiality and independence of the judges.”

Nazim’s lawyers have said the Criminal Court had obstructed the former Defence Minister from mounting a proper defence, and have said they will appeal the verdict at the High Court as soon as possible.

The US has called on the Maldives “to take steps to restore confidence in its hard-fought democracy and the rule of law, including judicial independence and freedom of press.”

Noting freedom of the press is a fundamental democratic right, the State Department said it was in touch with the government of Maldives to clarify why three journalists were detained without charges last week.

The three are opposition aligned Raajje TV’s Mohamed Wisam and Adam Zareer, and Channel One’s Mohamed Niyaz. They were arrested from the Alliance Against Brutality’s nightly protests on Wednesday and Tuesday, respectively.

The Maldives Police Services said the three journalists were arrested along with several protesters for “obstructing police duties and disobeying police orders.”

Meanwhile, Assistant Secretary of State for South and Central Asian Affairs Nisha Biswal said the “Maldives’ democratic institutions remain weak and are easily manipulated, while the judiciary has become politicised.”

Testifying before the House Foreign Affairs Committee’s Subcommittee on Asia and the Pacific on March 24, Biswal said increasing political turbulence in the Maldives was adding to mounting challenges, namely high youth unemployment, growing religious extremism and social unrest.

The sentencing of Nasheed, the country’s first democratically elected leader, calls “into question Maldives commitment to the minimum fair trial guarantees and the rule of law,” she added.

The US will continue to engage with the Maldives on counter-terrorism, maritime security and climate change issues in 2016, she said.

“Maritime security is of great concern due to potential threats posed by narcotics trafficking, piracy in the Indian Ocean, and sea-borne trade in illicit materials that could be potentially used for terrorist activity,” she said.

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CPJ urges Maldives to free Raajje TV and Channel One journalists

New York-based Committee to Project Journalists (CPJ) on Thursday urged the government of Maldives to free three journalists arrested from opposition protests last week.

“We call on the authorities to immediately release Mohamed Wisam, Adam Zareer, and Mohamed Niyaz, and allow journalists in the Maldives to do their jobs freely and safely,” CPJ Asia Program Coordinator Bob Dietz said.

Opposition-aligned Raajje TV’s Wisam and Zareer were arrested late on Wednesday evening while covering the Alliance Against Brutality’s nightly protest. They were subsequently placed under a five-day remand.

Channel One’s cameraman Niyaz was arrested on Tuesday. He was remanded for ten days.

The Maldives Police Services said the three journalists were arrested along with several protesters for “obstructing police duties and disobeying police orders.”

“By holding these journalists without charge for days at a time, authorities in the Maldives are clearly trying to suppress news coverage of events through silencing and intimidation,” Dietz said.

Calling for the immediate and unconditional release of its staff, Raajje TV on Wednesday said: “Over the past month, Wisam and Zareer have been working tirelessly in covering the various protests and activities held in Malé City, in difficult circumstances and often under the threat of violence.”

The station also noted it was “yet to receive any justice with regards to previous attacks targeted to our station and journalists.”

Raajje TV head quarters were torched and destroyed in an arson attack in October 2013. Its former journalist Asward Ibrahim Waheed was nearly beaten to death in February 2013. No one has been held accountable for the attacks.

According to the President of the Maldives Broadcasting Commission (MBC) Mohamed Shaheeb, the Commissioner of Police Hussein Waheed in a phone call on Thursday pledged to expedite investigations and free the three journalists as soon as possible.

Speaking to Haveeru, Shaheeb urged journalists to act professionally in covering protests, claiming some act like opposition activists at gatherings, pushing back against riot police shields and aiming their cameras inches away from police officers’ faces.

“The Maldives Police Services facilitates the opportunity for journalists to cover protests. So I urge journalists to be more professional than they are now. If journalists acted within their bounds, it would be easier for us to advocate on their behalf when they get arrested from protests. Even so, we are working on these cases,” he said.

This year, the Maldives fell to 112th place in the Reporters Without Borders (RSF) Press Freedom Index, marking a decline for the fourth consecutive year.

Last year saw numerous death threats sent to journalists, the disappearance of Minivan News journalist Ahmed Rilwan, and a machete buried at the door of the Minivan News office.

In April 2014, President Abdulla Yameen vowed that his administration would not take action against the media “no matter how far journalists take the freedom offered by this government”.

In May 2014, the MBC released a landmark ‘Threat Analysis Report‘ which found 84 percent of journalists surveyed reported being threatened at least once, while five percent reported being threatened on a daily basis.

Journalists identified political parties to be the top source of threat. Gangs, religious extremists and parliament placed second while the government was rated third.

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