Author: Ahmed Nazeer

Court hears witnesses in February 8 arson attack on Thinadhoo police station

The Juvenile Court has taken the statements of seven witnesses produced in defence of the minors charged with an arson attack on Thinadhoo Police Station in Gaafu Dhaalu Atoll during the anti-government protest on February 8, 2012.

The incident followed the controversial transfer of presidential power and was accompanied by widespread unrest across the country.

The juvenile court’s media official told local media that there would be one more hearing scheduled before delivering the verdict where the state and respondents will be allowed to submit their final statement and last words.

According to the media official one of the four minors produced one witness in his defence, while a second minor produced six witnesses.

The court refused to give details of what the defence witnesses said due to the nature of the case.

However, the court confirmed that the next hearing was scheduled to next Monday (19 November).

Journalists and the public are not allowed to enter the hearings of cases conducted at the Juvenile Court.

Juvenile Court Spokesperson Zaeema Nasheed did not respond to Minivan News at time of press.

February 8 was a day which saw protests erupt across the country after a brutal police crackdown on a Maldivian Democratic Party (MDP) protest against the party’s controversial ousting from power the previous day.

Protestors on Gaaf Dhaalu Atoll Thinadhoo set fire to the police station, magistrate court, atoll council office, and all police vehicles. Nine policemen were attacked and subsequently treated at the Thinadhoo Regional Hospital. Police officials at the time declared the area unsafe for local policemen as “MDP supporters have threatened to attack the residences of policemen.”

Initially the police requested the Prosecutor General (PG) to charge 108 persons in connection with the unrest.

The PG pressed terrorism charges against the minors under article 6 (b), with reference to article 2 (f,g) of the Terrorism Prevention Act.

Article 6 (b) states that any person found guilty of the act of terrorism shall be sentenced between 10 and 15 years imprisonment or banishment.

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Court extends detention of seven arrested in anti-government protest

The police yesterday summoned 22 people arrested in the Maldivian Democratic Party (MDP) protest on Sunday night to the Criminal Court. Fifteen persons were released under conditions and seven were given up to 10 days in pre-trial detention.

The protests erupted in response to the decision by Dr Mohamed Waheed to remain in the position of president after his constitutional term ended at midnight.

In a statement, police said that the 23 persons were arrested on charges of objecting to police orders, obstructing police duty, breaking police lines, and throwing objects such as stones and water bottles at police officers trying to control the protest.

Police said that 19 men and four women were arrested in the protest, with one woman being released without having been summoned to the court.

In the statement, police accused protesters of vandalising a traffic light on Sosun Magu and destroying a security camera in the Roashanee building.

Police said that the protesters threw stones and water bottles at police officers in the area close to where journalists were covering the protest.

It was also reported that protesters set ablaze a barricade on Sosun Magu and stopped two public buses, jumping into the bus, assaulting the driver and attempted to overturn the vehicle.

Police said a journalist was injured in the protest after being hit by an object thrown by the protesters. He was subsequently treated at ADK hospital and was released the same night.

On October 21, Waheed has said he did not want to stay on as president when his term expired.

“It is not in the best interest of this country if there is no elected president when the current presidential term ends on November 10. I do not want to stay in this position even a day beyond November 11,” Waheed told the press that time.

The Supreme Court verdict, which annulled the first round of election held on September 7, also said Waheed’s government should continue past November 11 if there is no president elect.

The Jumhooree Party (JP) and Progressive Party of the Maldives (PPM) have pledged their support to Waheed staying on, but former president and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called for Waheed to resign, allowing a transitional government under the Speaker of Parliament to oversee elections.

Minivan News understands that defence chiefs arrived at the President’s Office prior to Waheed’s address to the nation, initially scheduled for 10:30pm on Sunday. The address was delayed an hour, before Waheed appeared and said he would resign on November 16, the date scheduled for the delayed run-off vote.

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Police deny arresting MNDF Brigadier General Ahmed Nilam: “Just questions”

Police last night summoned Maldives National Defence Force (MNDF) Brigadier General Ahmed Nilam for questioning, shortly before President Waheed announced his decision to remain in power until November 16.

A poilce spokesperson told Minivan News that Nilam was not arrested and was only brought in for questioning over an ongoing investigation.

He denied reports on social media that Nilam had been taken to Dhoonidhoo police custodial.

He also said that police would not like to disclose further information about the investigation and declined to say what it investigation was about.

According to police, Nilam was released after a few questions.

Brigadier General Nilam was suspended from military services in January this year and the MNDF has not told the media why he was suspended.

Local media reports have suggested the sudden decision to detain him last night was related to his comments to a parliamentary committee regarding the controversial transfer of power in February 2012.

In his testimony to the Government Oversight Committee on January 9, 2012, Brigadier General Nilam said he was asked by Defence Minister Nazim if he believed that the transfer of power amounted to a coup or a revolution.

Nilam said he replied that, “looking at it academically, this has all the characteristics of a coup.”

“I have even looked into this and studied this along principles that academicians would consider. So I told [Nazim] that this has all the characteristics. He didn’t say anything else,” Nilam said.

Nilam was among the few MNDF high ranking officers that did not join the then-opposition parties during the events of February 7, 2012.

MNDF officers have circulated an appeal calling on their fellow soldiers not to obey “unlawful” orders issued by President Waheed or his political appointees, following the expiry of his presidential term at midnight on November 10.

The five-page document, signed by 73 officers including many mid-ranking officers, is titled “An appeal to soldiers to maintain their oath to be professional and apolitical.”

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MDP MP Jabir threatens to leave party after parliament evicts Housing Minister

Maldivian Democratic Party *MDP) MP Abdulla Jabir has threatened he will leave the MDP if Speaker of parliament Abdulla Shahid remains in the party.

Jabir’s comments came after the parliament forced Housing Minister Ahmed Muiz to leave the parliament when he came to attend a Finance Committee meeting to which he was invited.

Speaking to local media, Jabir said that although the current government was not legitimate the Speaker of parliament should inform him before forcing the Housing Minister to leave as Jabir was the Chair of the Finance Committee.

Jabir told the media that he wanted to meet the Housing Minister to clarify how the government was spending the budget as the government has expired at 12:00am today.

He also said the MDP should decide if they wanted Shahid or him and said that if MDP wants Shahid he would resign from the party. Jabir told the media that he would discuss the issue with Nasheed.

Housing Minister Muiz was asked to leave the parliament by the Sergeant-at-arms after MDP MPs complained to the speaker that there was no legal ground for Muiz to be in the parliament representing the Housing Ministry, following the expiry of President Waheed’s term.

The Speaker of Parliament has also sent a letter to President Dr Mohamed Waheed informing him that his term as president expired at midnight, and that he was no longer in command of the country.

As there is no other way to extend presidential term, the speaker informed Waheed: “The presidential term which began on 11 November 2008 ended on 10 November 2013 and the term cannot be extended unless the procedures laid out in Article 262 are followed.”

The Speaker also sent a similar letter to Chief Justice Ahmed Faiz, Chief of Defence Forces Major General Ahmed Shiyam, Elections Commission President Fuwad Thowfeek, Human Rights Commission of the Maldives President Mariyam Azra, Civil Service Commission President Dr Mohamed Latheef, Prosecutor General Ahmed Muizz, Auditor General Niyaz Ibrahim, and Anti corruption Commission President Hassan Luthfy.

Jabir is well known for his frequent defections from party to party. His first political party was the Dhivehi Rayithunge Party (DRP) during the presidency of Maumoon Abdul Gayyoom. He then joined former party of PPM Parliamentary Group leader MP Yameen Abdul Gayoom, the People’s Alliance (PA).

Jabir defected to the JP ahead of the 2008 presidential elections and backed JP leader and business tycoon Gasim Ibrahim, and wass appointed the party’s deputy leader.

He then went on to join the MDP and hold senior positions within the party. He also announced his intention to contest for the MDP chairmanship.

However, during the protests following the detention of Chief Judge of Criminal Court Abdulla Mohamed, Jabir once again declared that he had defected from MDP back to the JP.

In the meantime Jabir’s wife, former SAARC Secretary General Dhiyana Saeed, also resigned from her position in SAARC and joined the opposition movement against former President Mohamed Nasheed.

Jabir became an MP after winning the by-election held to elect an MP to the vacant seat of Kaashidhoo constituency on a JP ticket. He was backed by President Waheed and a coalition of parties supporting his government.

The PPM who initially had their own candidate for the election also backed Jabir. He rejoined MDP in December 2012.

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Supreme Court accepts case to invalidate transfer of power to speaker

The Supreme Court has accepted a petition to invalidate a People’s Majlis resolution authorizing the Speaker to assume the presidency in the absence of a president elect by the end of the current presidential term on November 11.

The case was filed by by Progressive Party of Maldives (PPM) council member and former president Maumoon Abdul Gayoom’s lawyer Ibrahim ‘Wadde’ Waheed.

Speaking to Minivan News, Wadde said that he did not believe that the parliament’s resolution constituted a resolution, and said he did not know any legal term with which to refer to the parliament’s decision as it was against the constitution and laws.

”The decision is clearly against the constitution and I have requested the Supreme Court to invalidate the decision,” he said. ”The parliament on October 27 passed that decision that says that all powers of president must be transferred to the parliament Speaker or someone in the parliament.”

He explained that he had originally filed the case on October 29 before the Supreme Court accepted it today.

On October 27, the resolution was passed at a sitting scheduled in response to a letter to Speaker Abdulla Shahid from President Dr Mohamed Waheed requesting parliament “to take initiative in finding a solution to any legal issues that will arise if a new president is not elected by the end of the current term [on November 11].”

The resolution was submitted by MDP parliamentary group leader and MP Ibrahim Mohamed Solih and supported by MDP MP ‘Reeko’ Moosa Manik.

In a Q&A with the speaker Minivan News asked his opinion on the government aligned MP’s suggestion that the Supreme Court should decide on interim arrangements.

”We have had some MPs calling on the military to take over. I think these individuals are very unfamiliar with democracy. And democratic principles. And it is a shame they sit in a house which is supposed to represent the people,” responded Shahid.

During the interview he also expressed his hope that President Dr Waheed will respect the resolution as it was he who initiated it.

”He wanted the parliament to initiate and tell him what the parliament thinks. The parliament is the representative body of the people of this country. And the parliament overwhelmingly, with the majority of the total parliament, adopted this resolution,” he told Minivan News.

The same day, Waheed also submitted another case to the court asking it to rule that the MDP MP Ahmed Hamza’s appointment to the judicial watchdog – the Judicial Services Commission  – was conducted in breach of the constitution.

Waheed also submitted a case to the Supreme Court requesting it to rule that Dhivehi Rayyithunge Party Leader and MP Ahmed Thasmeen Ali was disqualified as an MP.

In addition to these cases, Wadde – alongside Jumhooree Coalition member ‘Madhanee Ihthihaadh’ (Civil Alliance) President Sheikh Mohamed Didi – filed a case in the apex court challenging the candidacy of the MDP’s Mohamed Nasheed.

This filing of this particular case was criticised by both the president and senior PPM leadership.

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State produces three police officers as witnesses against MDP MP Jabir

The state has today produced three police officers to the Criminal Court as witnesses against Maldivian Democratic Party (MDP) MP Abdulla Jabir, during the hearing of a case in which Jabir faces charges of possession of cannabis.

According to local media present at the trial, Jabir told the court that the three police officers were among the policemen who allegedly brutalised him on the uninhabited picnic island of Hondaidhoo where he was arrested and that the Police Integrity Commission’s (PIC) report on his arrest concluded that police were brutal.

Chief Judge of the Criminal Court Abdulla Mohamed, presiding over the case, asked Jabir to submit video footage of the torture to the court.

Jabir’s lawyer argued that the constitution states that any witness or evidence obtained in violation to the laws should not be accepted by the court.

However, the judge replied that the court would decide on accepting the witnesses when delivering the verdict and that the court would hear what the witnesses have to day.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

In August this year, a Criminal Court media official told Minivan News that the PG had charged MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor with smuggling alcohol into the country and consuming alcohol.

Jabir and Hamid were also both charged with objecting to urine testing and possession of cannabis and alcohol.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test, said Manik.

Additionally, the son of former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and can be fined up to MVR10million.

On 24 October, the Criminal Court issued a warrant to arrest and summon Hamid to the court, but the MP took refuge in the parliament building on the same day meaning police were unable to arrest him.

The Criminal Court later sentenced Hamid to six months for failing to produced himself to the court.

The MDP has previously alleged that the government aligned parties were attempting to reverse the MDP’s majority in parliament by using courts that remain under the influence of former president Maumoon Abdul Gayoom as a means to strip the MDP MPs of their seats in parliament.

On October 24, the Supreme Court ruled that MDP MP Ali Azim and MDP-aligned Dhivehi Rayyithunge Party MP Mohamed Nashiz were disqualified from the parliament over an unpaid debt.

On November 4, Progressive Party of Maldives (PPM) council member and prominent lawyer Mohamed ‘Wadde’ Waheed filed a case at the Supreme Court requesting the court disqualify DRP Leader and MP Ahmed Thasmeen Ali from parliament.

Leader of the government-aligned Maldivian Development Alliance (MDA) and MP Ahmed ‘Sun Travel’ Shiyam is also facing alcohol possession charges that – if convicted – would result in the loss of his seat.

The Inter-Parliamentary Union has requested an urgent visit to the Maldives, arriving last week to attempt to build trust between factionalised institutions, whilst the US has expressed concern at reported intimidation,

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PPM member asks Supreme Court to remove DRP leader from parliament

Progressive Party of Maldives (PPM) council member and prominent lawyer Mohamed ‘Wadde’ Waheed has filed a case at the Supreme Court requesting the court disqualify Dhivehi Rayyithunge Party (DRP) Leader and MP Ahmed Thasmeen Ali from parliament.

Wadde yesterday told local media that Thasmeen took a MVR2.9million (US$188,067) loan from Parliament Deputy Speaker Ahmed Nazim and did not pay the money back in accordance with a Civil Court ruling.

Nazim filed a case at the Civil Court in 2011 to recover MVR1.9million (US$124,513) unpaid out of the MVR2.9 Million (US$188,067) Thasmeen took from him as a loan.

Article 73(c) of the constitution states: “A person shall be disqualified from election as, a member of the People’s Majlis, or a member of the People’s Majlis immediately becomes disqualified, if he has a decreed debt which is not being paid as provided in the judgment.”

Wadde said that, although Thasmeen had now paid all the money, he did not pay according to the Civil Court ruling, which required the repayment of MVR320,000 (US$20,779) each month for six consecutive months to clear the debt.

The Civil Court ruling came in April 2011, with Thasmeen unsuccessfully appealing the case at the High Court the same month.

In June 2012, Nazim filed another case at the Civil Court because Thasmeen was not paying as per the Civil Court resulting in the court issuing a warrant freezing all the bank accounts of Thasmeen and ordering the Immigration Department to hold Thasmeen’s passport.

Lawyer Wadde was chosen to contest the Kaashidhoo parliamentary by-election for the PPM in March 2012, before the party decided to support now-MDP MP Abdulla Jabir – then a member of the Jumhooree Party – prompting public criticism from Wadde.

The lawyer was also at odds with his party’s senior leadership last month after filing a case in the Supreme Court challenging opposition MDP candidate and former President Mohamed Nasheed’s candidacy.

In October Wadde also submitted a case to the Supreme Court seeking a ruling against the motion passed by parliament to appoint Speaker Abdulla Shahid as interim head of state in the instance that an elected president cannot be installed by the constitutionally mandated date, November 11.

The same day, Wadde also submitted another case to the court asking it to rule that the MDP MP Ahmed Hamza’s appointment to the judicial watchdog – the Judicial Services Commission (JSC) – was conducted in breach of the constitution.

Last night, the MDP issued a statement condemning the filing of the case against Thasmeen, alleging that the PPM was trying to undermine the constitution through the Supreme Court.

The party called upon the PPM to stop all of its works against the spirit of democracy.

The MDP said the PPM was using the Supreme Court to defeat political opponents because is understood that it had been defeated in the political field.

The Supreme Court ruled on October 24 that both MDP MP Ali Azim DRP MP Mohamed Nashiz be stripped of their parliamentary seats over decreed debt. The ruling was subsequently rejected by the Parliamentary Privileges Committee, with scuffles ensuing between the military and MPs at the subsequent Majlis session.

The current MDP and DRP alignment constitutes a simple majority in parliament.

The party also said that the citizens would not allow the PPM to use courts under the influence of former President Maumoon Abdul Gayoom to deprive the MDP of its majority in parliament.

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Police arrest MDP activist accused of vandalism during protest

Police have arrested a Maldivian Democratic Party (MDP) activist on allegations that he had vandalised a CCTV camera on Chandhanee Magu and attacked a police officer during an MDP protest on October 5.

In a statement, police said that Kamil Ibrahim of Beach Rest house in Ukulhas North Ari Atoll, was arrested yesterday (2 October) at around 11:30pm in a special operation conducted by the police, while he was staying at a house named Bahurein in Maafannu ward.

Police said that on October 5, Kamil Ibrahim broke through the police barricades and entered the green zone, vandalized a police CCTV camera installed in the junction where Chandhanee Magu and Orchid Magu meets and attacked a police officer in the area after threatening several police officers using a weapon and attempting to assault police officers.

Police said that the special operation was conducted after intelligence received information that Kamil was hiding in the house.

It was also revealed that two other men, suspected of being accomplices in hiding Kamil, have been sent summon chits to produce themselves to the police headquarters.

On October 13, police had issued a statement warning that legal action will be taken against anyone who assists Kamil Ibrahim in hiding from police.

On October 5, the MDP held a large protest calling for immediate elections. The meeting was attended by several senior MDP members and MPs including vice presidential candidate Dr Mustafa Lutfi, Chairperson ‘Reeko’ Moosa Manik and MPs Imthiyaz Fahmy, Ahmed Rasheed, Ahmed Sameer, Mohamed Shifaz, Mohamed Gasam and Ahmed Easa

The following day police issued a statement announcing that 12 MDP activists were arrested on charges of assaulting police officers, disobeying police orders, and obstructing police duties.

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Criminal Court sentences MP Hamid to six months for non-compliance with court summons

The Criminal Court has sentenced Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor for not complying with the court summons in a case where he was charged for refusing to provide a urine sample to police.

Criminal Court Spokesperson Ahmed Mohamed Manik today confirmed that the court has sentenced Hamid to six months in prison.

“He was sentenced for not complying with the court orders,’’ he said. ‘”The other case where he is charged for not giving the urine sample will continue.’’

Hamid’s lawyer and former deputy prosecutor general Hussein Shameem today told Minivan News that he had not officially received information about the court verdict but that he had heard it through the media.

‘’In the past eight years no one was sentenced to six months in a case where a person failed to comply with court summons,’’ he said.

Shameem said that normally the court sentences for not complying with court summons were a fine of MVR75 or a four month jail sentence.

He said that he will decide on appealing the case after he gets the court verdict officially.

According to Shameem, the court could sentence Hamid to an additional one year if it finds him guilty of the original case where he was charged for denying a urine sample to police.

Meanwhile, Hamid has issued a statement on the MDP’s website saying that he was not provided with an official requisition form as is required under article 7 of regulations on procuring, transferring, and testing urine samples and that he was not instructed to provide a urine sample as per regulations.

‘”At the hearing of the case held on 9 October 2013, the prosecution (state) lawyer had repeatedly failed to respond to my lawyer’s query whether I was instructed to provide a urine sample through an official requisition form as per regulations,’’ Hamid said in the statement.

“Therefore, this is an irrelevant and unsubstantiated case of political predation by the Maldives Police Service, the Office of the Prosecutor General and the Criminal Court, in direct contravention and disregard to official procedures and laws.’’

He said that he had been attending the court according to the summons until 23 October, when there had been a parliament sitting scheduled meaning he was unable to attend, sending a letter to the court informing it of such.

Hamid said that the court did not respond to his letter.

Majlis refuge

Parliament yesterday brought an amendment to its regulations, allowing MPs to attend parliamentary sittings and voting even if they are convicted of a criminal offence.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

In August this year Criminal Court Media Official Ahmed Mohamed Manik told Minivan News that the PG had charged MDP MPs Abdulla Jabir and Hamed with smuggling alcohol into the country and consuming alcohol.

Jabir and Ghafoor were also both charged with objecting to urine testing and possession of cannabis.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test, said Manik.

Additionally, the son of former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and can be fined up to MVR10million.

On 24 October, the Criminal Court issued a warrant to arrest and summon Hamid to the court, but the MP took refuge in the parliament building on the same day meaning police were unable to arrest him.

Article 11 of the Parliamentary Privileges Act states that an MP cannot be summoned to court when Majlis sittings or parliamentary committee hearings are scheduled.

The parliament has also scheduled a no-confidence motion against Prosecutor General [PG] Ahmed Muiz for being biased and also for not fulfilling his legal duties in taking action against police and military officers who violated the law on February 6 and 7, 2012, after the Commission of National Inquiry’s (CoNI) report found that officers had violated the laws.

The issue has been now scheduled to next Monday after the PG told the parliament that he needed more time to respond to the no-confidence motion.

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