Author: Neil Merrett

UK-based lawyers to aid Nasheed defence in “unprecedented” legal move

The Maldivian Democratic Party (MDP) has confirmed two senior UK-based legal experts – one a specialist in Shariah Law – will be joining the defence team of former President Mohamed Nasheed ahead of his trial over the detention of a senior judicial figure whilst in power.

Party Spokesperson Hamid Abdul Ghafoor confirmed that Sir Ivan Lawrence QC and Barrister Ali Mohammed Azhar will be working with local lawyers Hisaan Hussain and Hassan Latheef in some capacity to represent Nasheed.

One practising lawyer in the country contacted by Minivan News today said the appointment of two foreign legal experts in a domestic trial was an “unprecedented” development within the country’s legal history, but could not clarify further at the time of press.

The former president, who will next month begin defending himself in court against charges that he illegally detained Criminal Court Chief Judge Abdulla Mohamed back in January 2012, has rejoined the MDP in a campaign around the country’s southern atolls in a bid to regain the presidency following February’s controversial transfer of power.

However, while free to campaign in the country, judicial authorities have said that Nasheed remains barred from leaving the country without court approval ahead of the next hearing of his trial in November.

Nasheed was himself presented to court on Tuesday (October 9) after being arrested a day earlier by police.

Speaking in court, he maintained that the detention of Judge Abdulla was justified on grounds of national security following the reported failure of other institutions to hold the judge accountable.

The former president also alleged that the charges are a politically-motivated attempt to prevent him from contesting presidential elections in 2013.

Nasheed, who is now restricted from travelling abroad without judicial approval , is required to return to court on November 4, giving his legal team 25 days to study evidence against him and prepare a defence. A period of 30 days had been originally been requested by lawyers, but was rejected by a three-member judging panel.

The state presented more than 30 pieces of evidence it claimed proved that Chief Judge Abdulla Mohamed was detained unlawfully, including the account of the judge himself.  It will also use audio and video of the judge’s detention, as well as speeches given by Nasheed.

Assisting with the former president’s defence will be veteran criminal lawyer Sir Ivan Lawrence QC, whose biography notes experience working within UK and international institutions like the Divisional Court, the Court of Appeal, the House of Lords and a mass murder war crimes trial at The Hague.

Nasheed will also be assisted by Barrister Ali Mohammed Azhar, who is also said to have worked extensively at high level UK institutions like the Court of Appeal and House of Lords, specialising in areas such as international and human rights law.

Azhar, who visited the Maldives back in 2005 along with Ivan Lawrence as part of a fact finding mission dealing with alleged human rights abuses, is also an expert in Sharia Law, according to his own biography.

Minivan News was awaiting a statement from the MDP about the appointments international legal assistance at the time of press.

Nasheed has meanwhile returned to campaigning with the MDP as part of a ‘journey of pledges’ that has seen the party touring a number of islands in the south of the country.

Despite having obtained permission to return to campaigning in the southern atolls following his arrest this week, the Department of Judicial Administration confirmed today that Nasheed was restricted from travelling abroad without court approval.

Department of Judicial Administration Spokesperson Latheefa Qasim that Nasheed’s passport had been withheld by the Hulhumale’ Magistrate Court following the issue of a warrant.

When asked about possible restrictions on the role foreign legal experts could have in domestic court hearings, Qasim said she would be unable to comment at present, having not been aware of the reported appointment of UK-based lawyers to Nasheed’s defence team.

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“Challenges” anticipated as Maldives adopts mandatory motor cover

Vehicle owners in the Maldives are be required to have third party motor insurance under new regulations coming into force today or otherwise face paying a potentially indefinite number of fines from police, transport authorities have warned.

Assessing the new law, which will have direct impacts on police and insurance providers in the country, the head of the Transport Authority of Maldives said that a “wait and see” approach would be taken before judging the efficiency of the new regulations and how they are being undertaken.  The authority said it nonetheless held reservations about the actual insurance regulation as well as the capacity of private and state institutions to ensure motorists were correctly registered.

However, the Maldives Police Service has said it does not expect the motor insurance regulations to severely impact officers in carrying out their duties due to an potential increase in workload.

Several key insurers in the country have meanwhile announced measures to try and keep up with demand.  These measures have included extending office hours across the last week and launching an online purchasing of insurance coverage.

The introduction of the new law requiring all owners of two and four wheel motor vehicles on the country’s inhabited islands to have third-party insurance was ratified under the previous government in the form of an amendment to the Land Transport Act.

The insurance bill was required to be brought into force three years from the start of the Act, together with regulations stating that the mechanisms for investigation of accidents, identifying the cost of damage and claim for damage should be made public.

Speaking to Minivan News, Transport Authority Chair Abdul Rasheed Nafiz said that concerns remained over the original legislation amendments, as well as the capacity of private companies to ensure members of the public would be correctly registered in time.

“My question is whether [insurance companies] can finish registering people on time,” he said. “There was a little concern about this, but I have spoken with the companies [this week] and they have said that staff had been sent out to islands to assist with registering. Insurance groups have been extending their office hours to meet demand.”

Nafiz said that in order to speed up the registration process for the country’s motorists, customers would be initially able to obtain coverage for a vehicle providing they present valid documentation proving their ownership. He added that customers would then be able to finalise registration at a later date with insurers as the law comes into place today.

Nafiz also pointed to what he believed were “problems” within the regulation calling for mandatory insurance that needed to be addressed as a result of the law coming into effect without further study.

“The law itself has some problems; any driver found by police not to be insured will have to pay a MVR750 fine. However, there is no limit on the number of times police can charge a person without insurance,” he said.  “In one hour even there can be several violations against the same vehicle. This puts drivers at the mercy of police.”

Nafiz added that insured motorists should nonetheless carry official proof of their insurance policy.

Transport authorities claimed that the new regulations also created challenges for police themselves, with any accidents having to be reported to officers within seven days of occurring.

“Traffic police will then be required to investigate the case and produce an accident report,” he said, adding that a copy of the report would then be sent to the insurer. “We will wait and see how efficient this will be. Police have agreed they will go to accidents to investigate.”

Nafiz also criticised the previous administration for some of the challenges presently being experienced over implementing the mandatory insurance, claiming the former government has undertaken “no work” on the matter after amending the Land Transport Act.

With the regulations coming into place today, Police Spokesperson Hassa Haneef said that officers were already performing random checks on vehicles across the country to check drivers had the correct registration and documents.

“We will be performing checks on a daily basis to ensure vehicle are registered according to the proper rules and regulations,” he said. “This won’t be much different to an officer’s existing work.”

Nafiz said that transport authorities had met with three to four insurers n the country in order to outline a standardised annual cost for vehicle coverage order with the implementation of a mandatory motor insurance policy.

“We managed to get agreement with every company to charge the same amounts in terms of maximum costs. They can charge lower if they like, but the companies have agreed to a maximum amount,” he said. “We have been using TV and radio to try and notify the public about this change.”

Nafiz claimed that under the new insurance scheme, the most that can be claimed was a total of MVR 100,00(US$6500)  an amount designed to cover charges related to injury or vehicular damage. Under this programme, up to 60 per cent of this total amount could be used to cover expenses linked to injuries sustained during an accident.

According to Nafiz, another challenge had been faced in terms of agreeing the basic levels of coverage afforded by the standard vehicle insurance policy – discussions that he claimed had become “heated” at times.

It was proposed that the insurance would cover damages of over MVR 2,500 (US$160). However, from research we conducted, most of the damage caused in vehicle accidents would be to plastic covers on a bike or a bulb on a headlight. These were the type of things we found garages were dealing with,” he said. “So if owners are having to pay MVR 500 (US$32) in costs to repair damage, what is the benefit they are getting from insurance?”

Nafiz contended that such a system would serve only to encourage garages inflating charges to MVR2,500 per bill. In response, he claimed insurers agreed on offering a second option, where a package would be offered that covered damages to vehicles under MVR 2,500. However, such a package would require a customer to pay higher premiums on their policy in return.

Last minute demand

Whilst the new regulations may have led to an influx of custom for some companies, several insurers speaking to Minivan News have said that they face challenges themselves after being increasingly inundated with “last-minute” demand from motorists.

Allied Insurance Company of the Maldives, one of a number of groups providing the third-party vehicle coverage in the country, said that it had seen a large number of customers continuing to request coverage today even after the regulations came into force.

Ahmed Riyazi, Information Systems Manager for the company said that over the course of the last week, demand for vehicle insurance rose from 150 customers a day to 1,000 clients a day.

As well as a surge in custom, the company claimed that it faced other challenges in providing services to customers on the country’s outer atolls.

“Geography has certainly been challenge we have faced [with providing motor insurance], but we are also seeing a lot of late demand from customers,” he said.

In an attempt to overcome the problem, Allied today announced the launch of an online payment service from its website that allows customers to purchase both motor and travel insurance coverage instantly.

Amidst strong demand for vehicle insurance, insurer Amana Takaful has said it has also experienced people “rushing to get a policy at the last minute” as the new regulations were launched.

Imran Ramzan, Assistant Manager of Marketing for Amana Takaful, said the company had as of Sunday (October 7) prolonged its open hours till 10:00pm to try and meet customer demand.

“Even now, demand remains very high as it seems most people have waited until the last minute to arrange insurance for their vehicles,” he said. “This strong amount of last minute demand has created a bottleneck, but we are working with our customers to ensure they are all registered correctly and on time,” he said.

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MDP proposes no confidence motion against Home Minister

The opposition Maldivian Democratic Party (MDP) has confirmed that a no confidence motion against Home Minister Dr Mohamed Jameel Ahmed has been sent to the secretariat of the People’s Majlis.

MDP MP and Spokesperson Hamid Abdul Ghafoor speaking from the island of Thinadhoo confirmed to Minivan News that an estimated 26 signatures had been secured by the party to support the no confidence motion.

However, Ghafoor said he was not able at time of press to confirm the exact numbers of MPs expected to support the motion, or if the People’s Majlis had approved or set a date for a no confidence vote to take place.

Parliament’s Counsel General Fathmath Filza could also not be reached for comment today by Minivan News.

To have a no confidence motion heard within the People’s Majlis, officials regulations require signatures from 25 serving MPs. Support from a majority of the full membership of parliament during the vote is then needed to remove the Home Minister from his post.

As well as serving under the present coalition government of President Dr Mohamed Waheed Hassan, Dr Jameel served as Justice Minister with oversight of the judiciary during the autocratic rule of former President Maumoon Abdul Gayoom, as well as being an active member of the former opposition party, the Dhivehi Qaumee Party (DQP).

The case is the second no confidence motion to be proposed this month after MP Alhan Fahmy of the government-aligned Jumhoree Party (JP) said he had held discussions over taking a no confidence vote against both President Waheed and Vice President Mohamed Waheed Deen.

Addressing the motion proposed against Dr Jameel, MDP MP Imthiyaz ‘Inthi’ Fahmy claimed in local newspaper Haveeru that the action had been taken over concerns concerning what the party called an “unprecedented” increase in murders and assault in the Maldives since the transfer of power.

Inthi also criticised the Jameel for what he called a failure to probe human rights abuses allegedly conducted by police on February 8 this year.

Police Integrity Commission findings

In a Police Integrity Commission (PIC) report released earlier this month into allegations of police brutality in the breaking up of Maldivian Democratic Party (MDP)’s demonstrations held on February 8 provided two contradicting accounts of the events.

The report contended amongst it findings that on February 8 , police acted within the boundaries of the law and its own regulations, acting in accordance with Article 6(4) and Article 6(8) of the Police Act and as protection from any danger that may ensue from the MDP demonstrations.

President of the PIC, Shahindha Ismail, has however stated in the report that she saw certain acts carried out by police on February 8 to have been against the law, claiming that there no valid reason for police to have broken up the MDP demonstrations in the manner the police did.

Dr Jameel’s detention

During his time in opposition before February’s controversial transfer of power, Dr Jameel was an outspoken critic of Nasheed’s religious policies, authoring a pamphlet entitled ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’ and attacking his “business dealings with Jews”.

Under the former government, Dr Jameel was controversially detained by police on charges of slandering the government as a result of the publication, which authorities alleged at the time was a “pamphlet of hatred”.

Both Dr Jameel and DQP Deputy Leader of the Dhivehi Qaumee Party (DQP) were not responding to calls by Minivan News at the time of press in regards to the no confidence motion.

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Hundreds demonstrate in capital after former president placed in detention

Additional reporting by Mariyath Mohamed and Daniel Bosley

Hundreds of protesters gathered near the President’s Office in Male’ on Monday night as close family and legal representatives of former President Mohamed Nasheed left to visit him at the Dhoonidhoo detention facility, where he is being kept ahead of his trial on Tuesday afternoon.

The country’s first democratically elected president was taken into police custody yesterday on the island of Fares-Mathoda in Gaaf Dhaal Atoll after the Hulhumale Magistrate Court issued a warrant for his arrest and presentation in court on Tuesday October 9.

The issuing of the warrant – exactly seven months after Nasheed’s ousting – follows his defiance of a court-ordered travel ban outside the capital Male’, and two court summons.

The Maldives Police Service confirmed to Minivan News that it had been ordered to detain Nasheed and present him at his trial in Male’ at 4:00pm today, but added that no order had been received to keep him in custody beyond the hearing so far.

Leaving to meet Nasheed last night, his wife Laila Ali, several close family members, and a handful of legal advisers travelled to Dhoonidhoo  at 10:15pm to cheers and chanting from a vocal group of around 500 to 600 supporters. The demonstrators had gathered behind temporary police barricades set up by the main Bank of Maldives building in the capital.

Demonstrators had been gathering since about 9:30pm as police set up blockades around the roads surrounding the President’s Office building on Boduthakurufaanu Magu.

Tensions during the evening were mostly evident in vocal exchanges between protesters on the front line and the 20 to 30 police officers assigned to man the blockades, who faced heckling and jeering from the crowds.

“You are only protecting certain individuals in this country,” one protester shouted angrily.

An police officer on the front lines responded that he was there to protect everyone. The jeering and chanting continued throughout the evening.

By 10:30pm, Minivan News observed some minor scuffles as police attempted to force the several hundred demonstrators back behind temporary barriers to chants of “free Nasheed” by the gathered crowd.  However, violent clashes with authorities were minimal during the gathering.

Senior officials of MDP were among the demonstrators, with MDP MP Imthiyaz Fahmy and parliamentary group leader Ibrahim Mohamed Solih on the front-lines of the gathering.

Police Spokesperson Sub-Inspector Hassan Haneef said the demonstrations, which concluded at around midnight, were conducted peacefully and without any arrests.

“There were three barricades that were thrown into the water by the Bank of Maldives building, but no one had been arrested as a result,” he said.

Minivan News observed a small number of riot police in helmets later gathering behind police lines, but these officers were not deployed, as protests died down soon after midnight.

Also present earlier in the evening was former Minister of Environment Mohamed Aslam, who had travelled with Nasheed during the day after he had been detained by police.

Speaking to Minivan News, Aslam said Nasheed had requested he be returned to his home in Male’ under police custody ahead of his trial, rather than the detention centre at Dhoonidhoo.

The request was rejected by authorities, with Nasheed being dropped off at Dhoonidhoo, where representatives from the Human Rights Commission of the Maldives (HRCM) were said to be present.

While being returned to the capital yesterday, Aslam alleged that a foreign national, whom he believed to be from the India, was also travelling with police, saying he had requested to be transported back to Male’.

“I would say it is highly irregular to have a foreign person on a police boat in such a situation,” he claimed.

Discussing Nasheed’s arrest, Aslam said that after meeting with members of the public on Fares-Mathoda, Nasheed and his entourage returned to the former environment chief’s home on the island after it had been confirmed that a police force had landed nearby.

“These were police armed with riot guns gathered by my home,” he said.

Upon requesting entry to the building and showing an arrest warrant for Nasheed, Aslam said he had asked officers for a few minutes to discuss the situation with the former president.

“As soon as I turned around they had forced their way into the building and begun shoving us around,” he said. “As they forced there way in they also pushed me onto a glass table that broke, fortunately I wasn’t badly hurt from this.”

As police forced themselves into several rooms before locating Nasheed, Aslam claimed that the former president did not resist arrest. The former environment minister said that he was however unable to confirm reports that Nasheed had been pepper sprayed by officers, adding that he did not see such an incident at the time. He claimed to have seen some form of unidentified firearms being packed away by police after they left Fares-Mathoda.

Aslam said he had opted to travel with Nasheed they were transported to larger boat off the island to return to Male’. Along the way he added they had stopped for lunch, at which point it was announced that Nasheed was to be taken to the Dhoonidhoo detention facility.

Speaking to Minivan News yesterday, President’s Office Media Secretary Masood Imad said the government had wished to avoid any direct involvement in Nasheed’s detention and trial, referring any requests on the matter to police and judicial authorities.

“We have asked the Maldives Police Service to notify media of any developments.  The President’s Office wishes to stay clear of this matter,” he said at the time. ”We know as much as the [media] about developments right now.”

Masood added that, despite allegations raised by the MDP concerning alleged use of excessive force to seize the former president, police authorities had insisted officers had acted with restraint.

“I’m told [Nasheed] asked for a box of cigarettes, a request that [officers] granted.  He was given Benson and Hedges as I understand,” Masood said.

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Former education chief calls for security review after being assaulted in street

Former Education Minister Dr Musthafa Luthfy has called for a review of security arrangements afforded to Maldivian politicians by police over fears of an increase in “orchestrated” political attacks in the country.

The comments were made after former education chief Luthfy, who has also previously served as Chancellor of the Maldives National University, claimed he had been struck in the face on Saturday (October 6) by an unidentified assailant on the island of Kanduhulhudhoo, Gaafu Alif Atoll.

Footage of the attack has already been posted on media sharing websites Youtube.

The attack, which did not result in any significant injuries to the victim, occurred less than seven days after Progressive Party of Maldives MP Dr Afrasheem Ali was found murdered by his home.

On Thursday, parliament’s ‘241’ Security Committee summoned both Commissioner of Police Abdulla Riyaz and media regulator, the Maldives Broadcasting Commission (MBC) to discuss issues including the MP’s murder, politician safety and allegations that media organisations had been “spreading hatred” against MPs.

A recent report released by the Asia Foundation has alleged politicians and businessmen were paying gangs in the Maldives tens of thousands of rufiya to assault rivals, damage property, and in some cases have them killed.

While stressing that attacks on politicians within the country remained “rare” occurrences, Dr Luthfy claimed that it was the responsibility of police to ensure “order was maintained” across the nation amidst rising political tensions.

“It is rare that these sort of attacks happen, but the chance of similar incidents occurring in the future could be reduced by an increased police presence,” he said. “I accept there may be difficulty in getting sufficient numbers of officers onto different islands.”

According to Dr Lutfhy, the Maldivian Democratic Party (MDP) had registered a complaint with police after a male assailant appeared to punch him in the face whilst he was leaving Kanduhulhudhoo, where had had been campaigning earlier in the day.

He claimed that his attacker had been waiting around ahead of his arrival, before running up and punching him in the face and quickly escaping afterwards. Dr Luthfy said he suspected the attack had been planned beforehand, though he had not been made of any developments if the attacker had been found by authorities.

“The incident as I understand it has been caught on camera and shown I think on the Youtube website. Police should have hopefully seen this,” he said, adding that an official complaint about the incident had been sent to authorities.

“It’s a serious incident, the leader of our party has been calling against violence right now. Even after it happened our supporters were very calm. I know police went after the suspect, but they might not been able to get to him as he ran off.”

Dr Luthfy claimed that a number of similar incidents had been recorded by the country’s politician and could increase further with an intensified schedule of campaigning by both the MDP and government-aligned parties ahead of presidential elections expected next year.

Despite the growth in political tensions in the country during the build up and aftermath of February’s controversial transfer of power, Dr Luthfy claimed that fears of a potential increase in violence against MPs was unlikely just the country’s electorate venting their frustration.

“I think these things are very much orchestrated and organised,” the former education minister said. “We cannot go on like this, I was just walking in the street and get attacked.”

Dr Luthy pointed to an incident last week where a makeshift blockade was set up off the shore off the island Gemanafushi in Gaafu Alif atoll in order to block the arrival of a MDP vessel as a sign of increased tension and intolerance of rival political campaigning in the nation. One of the vessels was carrying former president Nasheed as he was travelling as part of a campaign tour of some of the country’s atolls.

“I think police should be present to minimise the chance of such incidents. There are a lot of tensions right now and if there is a lack of police presence, things can go wrong,” he said.

In the past, Dr Luthfy said that some parliamentarians have had to ask police for protection, reflecting an environment where MPs and senior politicians had been more free, or “complacent” in regards to their safety whilst being out in public.

“I think now that police should take the responsibility and try to be present during these campaigns just in case,” he said. “ Yes, these incidents [of attacks] are rare, but to try and minimise these incidents in future, I think a police presence would be a good thing.”

Both Commissioner Riyaz and Police spokesperson Sub-Inspector Hassan Haneef were not responding to calls from Minivan News at the time of press.

Despite the former education chief’s claims, former President Mohamed Nasheed requested Thursday (October 4) in writing that his Maldives National Defence Force (MNDF) security detail – provided under the Former President’s Act – not accompany him on a campaign tour. The MNDF later released a statement saying that it could not take any responsibility for harm that might befall the former president whilst not under its protection.

Nasheed’s decision was announced the same day Parliament’s ’241′ Security Services Committee summoned police chief Riyaz for an update into the investigation of MP Dr Afrasheem’s murder.

Dhivehi Rayyithunge Party MP (DRP) Mp Ali Azim, a member of the security committee, told ahead of the meeting that the committee had hoped to try and establish whether there was evidence to suggest the attack was politically or religiously motivated.

However, both Azim and MDP Chairman ‘Reeko’ Moosa Manik could not detail any outcomes of the meeting when contacted by Minivan News.

Aside from the ongoing murder investigation, media regulator the Maldives Broadcasting Commission (MBC) was also being summoned before the committee over concerns about the media’s role in spreading “hatred” about MPs in the country.

While accepting that the constitution called for the allowance of freedom of speech within the media, Azim claimed that there were limits, alleging that the national press were not being held sufficiently accountable for their work.

“The media has been accusing MPs of wasting taxpayers’ money; of suggesting not enough work is being done and saying that no laws are being passed,” he said. “I don’t think these accusations should be there. A few TV, radio and online media services has been accusing MPs of these things.”

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Attack against “moderate” Afrasheem an “attack against Islam”: Gayoom

Former President Maumoon Abdul Gayoom has alleged the murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali, whom he claimed was a leading local advocate against Islam being seen as an “extremist religion”, was an attack on the country’s religious identity.

Gayoom, acting head of the PPM, made the claims at a memorial ceremony held for Dr Afrasheem on his birth island of Raa Atoll Ungoofaaru, alleging that the MP’s murder this week was an attempt by unidentified figures to eradicate Islam from the nation, local media has reported.

Under the Maldives Constitution, it is illegal for anyone to openly practice any faith other than Islam in the country, with nationality tied to following the faith.

According to newspaper Haveeru, former President Gayoom was quoted as acknowledging Dr Afrasheem’s efforts to educate the public on “moderate Islam”, while also raising questions over potential “benefits” to the nation in the significant number of local religious scholars being trained abroad.

“The attack on Afrasheem wasn’t just an attack on him. It wasn’t an attack on his family or his island. It’s an attack against Islam. It’s an attack against the nation. It’s an act by some people who doesn’t want to see Islam prevail in this country,” Haveeru reported Gayoom as saying.

Also speaking during the memorial were PPM MP Ilham Ahmed and the party’s interim Deputy Leader Umar Naseer.

Ilham reportedly told the crowd that he was personally aware of “people” who were discontented with Dr Afrasheem.  The MP added that his fellow party member had ultimately not been afraid to “sacrifice himself in the name of Islam.”

Meanwhile, Umar Naseer reiterated Afrasheem’s view that efforts to strengthen the word of religion in the country could only succeed with political authority.

Umar Naseer, Ilham Ahmed and PPM MP and Spokesperson Ahmed Mahlouf were not responding to calls from Minivan News.

Maldives Islamic Affairs Minister, Sheikh Mohamed Shaheem Ali Saeed, and State Minister for Islamic Affairs Mohamed Didi could also not be reached for comment at the time of press.

Attack

Dr Afrasheem was found murdered near his home on Monday (October 1) after returning from an appearance on the “Islamee Dhiriulhun” (Islamic Life) programme broadcast on state television. He had appeared on the show alongside Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

Four suspects are presently being held by police in connection to the murder, with the country’s Criminal Court extending their detention for an additional 15 days from Thursday (October 4) as investigations continue.

Authorities have yet to reveal the identities of the four suspects, however the opposition Maldivian Democratic Party (MDP) has alleged that two of its “front-line activists” are among those being detained.

The MDP additionally  expressed concern that the “brutal murder of a respected and elected member of the Parliament” was potentially being used to frame political opponents.

Police have yet to establish a motive for the murder.

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Court extends detention of Afrasheem murder suspects, MDP raises concerns of ‘politically motivated’ arrests

Additional reporting by Ahmed Nazeer.

The Criminal Court has opted to extend the detention period of four suspects accused of involvement in the murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali, as parliament’s ’241′ Security Services Committee today meets to discuss politician safety.

Authorities today confirmed that the four suspects, which the opposition Maldivian Democratic Party (MDP) has alleged include two “front-line activists”, would be kept in custody for an extra 15 days as the investigation into the murder of the MP continued.

The high profile murder has been met with growing speculation from politicians over potential political or religious motives, yet police have so far provided no details on the nature of the murder, despite allegations and counter claims appearing in the media.

The MDP yesterday  expressed concern that the “brutal murder of a respected and elected member of the Parliament” was potentially being used to frame political opponents. The party has therefore called for “calm and restraint”, while also slamming the President’s Office for issuing statement claimed to connect the attack to former President Mohamed Nasheed.  Along with condemning the murder, Nasheed this week praised Dr Afrasheem for his moderate views on the country’s Islamic identity.

According to a BBC report earlier this week, the President Office’s Media Secretary “sent out a text describing  MP Afrasheem as the ‘strongest critic’ of Nasheed.”

Rules and regulations

Despite the allegations, Director of the Department of Judicial Administration Ahmed Maajid told Minivan News today that the extension of the suspects’ detention period was in accordance with rules linked to ongoing police investigations.

“Under this regulation, the police must produce anyone arrested on suspicion of criminal activity before a judge within 24 hours. The judge may order for the detention to be extended for a period of up to 15 days if the police can convince the court that a suspect needs to be detained for investigation,” he said. “In reviewing this order, the judge would consider such factors as the nature of the crime and the possibility of the suspect tampering with evidence if released for example.”

At the time of press, Maajid was unable to confirm the identity of the judge who had granted the detention extension, adding that such details could not be granted without receiving a written notice from the media. He added that the judge’s ruling had been consistent with similar investigations.

Police Spokesperson Sun-Inspector Hassan Haneef meanwhile confirmed there had been no further developments within its investigation, beyond the detention of four suspects for questioning in the case.

The Maldives police service have not so far given the identities of the suspects being detained as part of ongoing investigations.

However, the MDP yesterday released a statement claiming lawyers representing party activists Mariyam Naaifa and Ali Hashim had confirmed they had been detained as part of an investigation into the murder.

“The MDP has strongly condemned the gruesome murder of the member of parliament and scholar Dr Afrasheem Ali in the early hours of October 2, 2012,” the party claimed. “While the country is going through a difficult time following the murder of Dr. Afrasheem Ali, the MDP is deeply shocked and disturbed by the manner in which Maldives Police Services (MPS) is conducting their investigation into the incident.”

Aside from the detention of two party activists, the party added that its protest camp at the contested ‘Usfasgandu’ protest area in male’ had been searched by police officers using metal detectors yesterday.  The party has alleged that officers on the scene had confirmed the search was related to the murder of MP Afrasheem.

Speaking to Minivan News today, MDP Spokesperson and MP Hamid Abdul Ghafoor alleged that public faith in the police’s ability to conduct impartial investigations was low.

“People have lived with it their whole lives. They have been indoctrinated into silence,” he claimed.

Dhivehi Rayyithunge Party MP (DRP) Ali Azim told Minivan News that the ’241′ Security Services Committee was today summoning Commissioner of Police Abdulla Riyaz to get an update on the progress of the ongoing investigation into MP Afrasheem’s murder.

Azim, a member of the security committee, claimed ahead of today’s meeting that it would be used to try and establish whether there was evidence to suggest the attack was politically or religiously motivated.

Aside from the ongoing murder investigation, media regulator the Maldives Broadcasting Commission (MBC) was also being summoned today over concerns about the media’s role in spreading “hatred” about MPs in the country.

While accepting that the constitution called for the allowance of freedom of speech within the media, Azim claimed that there were limits, alleging that the national press were not being held sufficiently accountable for their work.

“The media has been accusing MPs of wasting taxpayers’ money; of suggesting not enough work is being done and saying that no laws are being passed,” he said. “I don’t think these accusations should be there. A few TV, radio and online media services has been accusing MPs of these things.”

Azim said he accepted that media had a role to hold MPs accountable for their work, but questioned the accountability in turn being required of the country’s journalists.

The MP stressed that the outcome of today’s meeting, which was still ongoing at the time of press, remained confidential and that he would be unable to elaborate further on its outcome.

“Free speech”

Speaking to Minivan News today, Maldives Journalist Association (MJA) President Ahmed ‘Hiriga’ Zahir said that he had not been given any information surrounding the MBC being summoned before the security committee.

Hiriga said that the MJA would await the outcome of the MBC’s meeting before making any official comment on the matter, but added that local media should continue to be able to practice free speech as long as it was accurate.

“I think there are a number of issues that we need to address in the Maldives media right now regarding ethics,” he said. “But our stand has always been that we stand against efforts to undermine the work of journalists and the right to a free media here in the Maldives.”

Hiriga added that while the media had “no right to lie” to members of the pubic, it was nonetheless vital to ensure freedom of the speech was being upheld in the Maldives.

“If some media for instance want to support the government or a certain political side, we have no issue with that, but the information provided must be accurate.”

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Court asks police to present Nasheed at rescheduled trial

Former President Mohamed Nasheed today began touring the country’s Southern Atolls less than 24 hours after boycotting a trial against him in protest at what he and the Maldivian Democratic Party (MDP) allege is a lack of independence within the nation’s judiciary.

However the Department of Judicial Administration today confirmed that police were “to produce” Nasheed at a rescheduled hearing at 4:00pm on Sunday, October 7.

Department Director Ahmed Maajid told Minivan News that despite the order, the former president was “not to be detained”.

With the campaigning beginning today in Gaafu Alif Atoll, the MDP has claimed that uncertainty remains over whether Nasheed would be able to complete the tour without being taken into custody by authorities.

Despite the Department of Judicial Administration’s order, no official communication from authorities has so far been received by the MDP following Nasheed’s decision to boycott his trial, contravening a court order requiring him to remain in the capital.

The court hearing was to be the first in the case concerning Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed, while in office.

The government meanwhile has told the Agence France Presse (AFP) news service that the former president could be taken into custody should he fail to comply with a second summons for his trial over the detention of Criminal Court Chief Judge Abdulla Mohamed.

“The court will issue him another summons,” President’s Office Media Secretary Masood Imad told the AFP.  “After the second summons, if he does not comply, the standard procedure is they (the court) will instruct the police to bring him in.”

Both Masood and President’s Office Spokesperson Abbas Adil Riza were not responding to calls from Minivan News at the time of press.

Home Minister Dr Mohamed Jameel Ahmed told Minivan News that the existing protocols relating to a defendant failing to attend their trial were a matter of judicial process that were applied to any defendant, regardless of their position.

“Nasheed or anyone else is subjected to the same set of rules governing trials when they face criminal charges,” he claimed. “The state would not commit any act which would amount to contempt of court whenever it is asked to assist in bringing a suspect to court who wilfully avoids an appearance or absconds a trial.”

Prosecutor General Ahmed Muizz was also not responding to calls from Minivan News at the time of press.

MDP Spokesperson and MP Hamid Abdul Ghafoor, who is travelling with Nasheed as part of the party’s 14 day tour, said that no official correspondence had been received from authorities at present concerning Nasheed’s decision not to attend yesterday’s trial.

“[The authorities] have done everything they can to try and stop this tour, though we have just arrived and the party is in good spirits,” he said.

When questioned if the MDP was confident Nasheed would be able to complete the tour following his decision to defy court rulings against him, Ghafoor said it remained too early to tell at present.

“Obviously we hope he will be able to complete the tour, but they might come and get him at some point. We will have to wait and see,” he said. “We have just arrived at our first destination on Kolamaafushi, the island is very yellow (the official colour of the MDP), it is quite a thing to see.”

Another source travelling with Nasheed as part of the tour, who asked not to be identified, told Minivan News that there had been no communications so far between the former president’s representatives, the government or the courts.

The source claimed that from their own understanding, Nasheed was being treated under standard protocols employed against any Maldivian national failing to attend a criminal trial, with a second summons expected to be issued by the courts at a later date.  A failure to comply with this second order would likely see police ordered to bring the former president to court, they added.

Boycott decision

Nasheed’s departure to participate in his party’s ‘Vaudhuge Dhathuru’ (Journey of Pledges) campaign in the country’s southern atolls reflected a wider MDP decision to no longer follow any orders given by the courts of the Maldives until changes proposed by international entities were brought to the Maldivian judicial system.

Nasheed’s controversial decision to detain Judge Abdulla in January 2012 followed the judge’s repeated release of former Justice Minister – and current Home Minister – Dr Mohamed Jameel, in December 2011, whom the government had accused of inciting religious hatred over the publication of his party’s pamphlet, ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

The former government government further accused the judge of political bias, obstructing police, stalling cases, having links with organised crime and “taking the entire criminal justice system in his fist” so as to protect key figures of the former dictatorship from human rights and corruption cases, among other allegations.

Nasheed justified the judge’s arrest based on his constitutional mandate to protect the constitution. Judge Abdulla had in September 2011 received an injunction from the Civil Court preventing his investigation by the Judicial Services Commission (JSC), the watchdog tasked with overseeing the judiciary, which complied with the ruling.

Former President’s Member on the JSC, Aishath Velezinee, has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

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Majlis reconvenes with elections and legislative reforms atop agenda

The People’s Majlis reconvened today with both opposition and government-aligned parties claiming elections and legislative reforms were among the key focuses of their respective parliamentary agendas following an extended break.

According to the Majlis’ Counsel General Fathmath Filza, today’s opening session saw debates take place on two declarations and eight bills, including the repeal of a motion to remove the Maldives’ membership within the Commonwealth.

The session was also said by the official to include the distribution of the Commonwealth-backed Committee of National Inquiry (CNI) report to all MPs and the respective parliamentary committees dealing with security services, independent institutions and national security.

“These committees will review the report and report to the Majlis on the actions that then need to be taken,” added Filza.

Despite reconvening temporarily for an emergency session to pass the General Regulations Act in August, the Majlis has not reconvened since July after Speaker Abdulla Shahid suspended the institution, deciding a safe environment could not be ensured in the chamber after heated exchanges on the floor.

This suspension led straight into the Majlis traditional recess period, although parliamentary committees have resumed their work as of last month.

Parliamentary Speaker Shahid told Minivan News today that the recess period had provided sufficient time for tensions between leaders on both sides of the country’s political divide to “calm”.

“This has allowed for dialogue between party leaders and for me to set up agreement to have the current third parliamentary session begin on time,” he claimed. “This is important to ensure parliamentarians were part of the process to address their respective agendas.”

The speaker said that in line with a number of reports from independent institutions, the decision had been taken – in line with parliament’s minority and majority leaderships – to pass the findings of the Commonwealth-backed Commission of National Inquiry (CNI) onto the relevant regulatory committees.

Function undisturbed

Abdulla Yameen, Parliamentary Group Leader of the government-aligned Progressive Party of Maldives (PPM) told Minivan News by SMS that with parliament resuming today, he expected the Majlis to function undisturbed despite ongoing tensions relating to February’s controversial power transfer.

From the perspective of the PPM, which presently holds minority leadership in the Majlis with the second largest number of MPs after the opposition Maldivian Democratic Party (MDP), Yameen said he believed passing pending legislation was his party’s foremost concern.

“[The PPM] hopes to see all pending legislative agenda addressed in order to ensure free and fair presidential elections,” said Yameen, who is the half-brother of former President Maumoon Abdul Gayoom.

Having met personally with former President Mohamed Nasheed late last month – without providing direct details of their discussions – Yameen said there had been agreement that the Majlis should function “smoothly”.

Meanwhile, MDP MP and Spokesperson Hamid Abdul Ghafoor claimed that in order to try and facilitate early elections, the party’s national council had asked for the Commission of National Inquiry (CNI) report to be distributed in the Majlis in attempts at having its recommendations implemented.

These recommendations, according to the MDP, include the need for reforms to strengthen the country’s independent institutions like the judiciary, as well as bringing senior defence force figures accused of mutinying against the former government to justice.

According to Ghafoor, the speaker has sent the CNI report to the relevant parliamentary committees to review recommendations made.

He claimed the request was part of a wider process to enact early elections within the Maldives – a key focus of the MDP since former President Mohamed Nasheed’s controversial resignation back in February.

Nasheed, who is presently the MDP’s presidential candidate, has continued to claim he was forced to resign under duress.

However, the party’s claims that the former government was removed from office in a “coup d’etat” were dismissed by the CNI report published in August.  The report was later accepted by the MDP, albeit “with reservations”.

These reservations were first raised by Ahmed ‘Gahaa’ Saeed, former President Nasheed’s appointee on the CNI panel, who alleged there had been a failure to take into account certain key evidence and witness accounts compiled by the panel regarding the transfer of power.

The MDP has claimed that despite its reservations, the CNI report has provided the party with a “way forward” to push for institutional reform.

Just last month, the MDP’s national council had called on the party’s parliamentary group to back a boycott of the Majlis over allegations that working within the present political process was failing to secure reforms highlighted in the Commission of National Inquiry (CNI) report.

The proposed boycott was criticised strongly at the time by parties serving within the coalition government of President Dr Mohamed Waheed Hassan.

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