Author: Mohamed Saif Fathih

Civil Court rejects Nasheed stay order on Hulhumalé Court bench changes

The Civil Court has decided “there are no grounds” to grant a stay order asking the Judicial Services Commission (JSC) to halt the process of reappointment of the Hulhumalé Magistrate Court.

The order was requested by former President and opposition Maldivian Democratic Party (MDP) leader Mohamed Nasheed, who is challenging the assembly of the bench tasked with trying him for the detention of judge Abdulla Mohamed while in office.

In the hearing held yesterday (February 15) at 4pm, the presiding judge stated that the stay order cannot be granted as the court has not found that the JSC is bringing changes to the Hulhumalé Court bench.

Meanwhile the Bar Human Rights Committee of England and Wales (BHRC) has expressed concern over the “sudden resumption” of Nasheed’s trial, noting that the committee is closely monitoring the developments.

The BHRC said it had closely followed the case for almost two years. Previous observation of the case led the committee to describe the Hulhumalé court bench as “cherrypicked to convict”, prompting calls for “fundamental reform of the judiciary and its administration in the Maldives”.

In answering Nasheed’s stay order request, the JSC has previously denied that it is bringing any changes to the court, also claiming that it does not currently exist as the two out of three of the magistrates first appointed have now been promoted to superior courts.

Saturday’s trial saw the JSC raise a procedural issue, stating that while the commission has the authority and power to allocate and transfer judges, the Civil Court does not have the jurisdiction to deliberate on the legality of the Hulhumalé Magistrate Court bench as the bench was appointed on the Supreme Court’s advice.

The JSC lawyers also contended that the decision was not made by the Judicial Council as claimed by Nasheed’s lawyers, as the responsibilities and authority of the council have been taken over the Supreme Court.

Procedural issues

Nasheed’s lawyers asked whether the JSC is claiming that the Civil Court cannot deliberate on the matter because the commission interprets the Supreme Court’s advice on appointing the bench as a court ruling or because the JSC does not believe Civil Court has jurisdiction on the matter.

The JSC lawyers responded by stating that the “procedural issue is based on Supreme Court’s decision”.

In Nasheed’s challenge at the High Court regarding the legality of the Hulhumalé Magistrate Court bench, the JSC raised a similar jurisdictional issue, with the High Court deciding that it did not have jurisdiction to look into the matter, saying it could only deliberate on decisions taken by lower courts.

In reply, Hisaan Hussain from Nasheed’s legal team explained that Article 43 (C) of the Constitution afforded every citizen the right to appeal against any administrative decision and that “therefore we are appealing JSC’s administrative decision to convene the magistrates panel”.

Subsequently, the JSC clarified that the procedural issue was based not on jurisdictional grounds but because the commission believes that the Supreme Court’s advice on appointing the Hulhumale’ Magistrate Court bench is the court’s ruling.

At that point, the presiding judge stated that the Supreme Court had issued a circular that “changes the composition of the Civil Court by 12am tonight (by 15th February)”, explaining that “I cannot assure you that I will be sitting on this appeal after the said changes; therefore I cannot give out court summons for the next hearing.

Nasheed’s legal team also requested more time to discuss the case with the legal team and lawyers based outside Maldives.

The controversial court was formed specifically to oversee Nasheed’s trial for the January 2012 detention of Criminal Court Judge Abdulla Mohamed. Legal challenges to the court have seen the case stalled since April 2013.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has also noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.


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Police deny framing Nazim as former Commissioner alleges politicisation

The Maldives Police Service (MPS) has denied allegations it is framing former defence minister Colonel (retired) Mohamed Nazim, who faces charges of plotting to overthrow the government.

In response to the claims made by Nazim’s legal team that dangerous weapons were planted in his home, police stated that “nothing was done in violation of procedures, regulations and laws in the investigation of the case”.

“Saying that police brought items into Nazim’s apartment” is untrue, read the police statement, describing such accusations as “baseless” and as “efforts to accuse the police in order to deceive the public to achieve particular goals”.

Nazim’s legal team – which alleges officers spent ten minutes unsupervised in his room during the raid – has appealed against the Criminal Court’s decision.

Meanwhile, former Police Commissioner and Jumhooree Party MP Abdulla Riyaz has expressed concern over what he described as “politicisation of the police”.

In a joint rally by the opposition Maldivian Democratic Party (MDP) and the JP last night Riyaz suggested: “We are now witnessing the realization of political agendas through the police force.”

“When I was there, the institution was free from political influence,” he added.

Riyaz was appointed the Commissioner of Police immediately after the resignation of President Mohamed Nasheed on February 7, 2012, following a mutiny by sections of the security forces.

He was replaced after President Abdulla Yameen assumed presidency in November 2013, joining the then pro-government Jumhooree Party soon after and winning the Kinbidhoo constituency seat in the 2014 Majlis polls.

While the police received extensive criticism from opposition groups for their role in the transfer of power, and the brutal suppression of protesters the following day, Riyaz himself was investigated by the Police Integrity Commission for appearing to campaign against Nasheed’s 2013 presidential bid.

Riyaz re-posted a letter he claimed to have been sent, urging the police to “say no” to Nasheed on election day, just as they had on February 7.

The MP announced he would be joining Nazim’s legal team shortly after his arrest earlier this week, as did Adhaalath Party Spokesman Sheikh Ali Zahir.

Riyaz was not responding to calls at the time of publication.

Foul play

Nazim’s lawyer Maumoon Hameed told Minivan News today that police officials had informed the Criminal Court under oath that the investigation had been completed and sent to the PG’s Office.

Yesterday’s police statement, however, noted that investigations into his case – including the “forensic process” – had not been concluded.

“Virdhan from Maldives Police Services who was under oath, stated in the remand hearing that although some forensic work is not fully complete, the investigation of the case has been completed,” explained Hameed.

Therefore, he said that the legal team has today asked the Criminal Court to provide them with transcripts or audio recording of the remand hearing.

He also stated that they have submitted a defamation case against the Commissioner of Police Hussain Waheed for telling the press on January 29 that an improvised explosive device was found in Nazim’s home.

Hameed argued that the explosive device had not been found during the initial search, and was not listed in a record of items found, explaining that police only announced its discovery days later after an analysis conducted without independent oversight.

The legal team has also raised questions over why Nazim was arrested after more than 20 days had passed since the police raid on his residence.

He was dismissed as the defence minister two days after the January 18 raid, which police have maintained was ordered without knowing the identity of the residents.


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Civil Court orders halt to seizure of lands allocated to Gasim’s Villa company

The Civil Court has ordered the Ministry of Tourism halt all proceedings regarding the seizure of uninhabited islands and lagoons granted to Villa Hotels and Resorts Private Limited.

Villa – owned by Jumhooree Party (JP) leader MP Gasim Ibrahim – requested the stay order after the government’s decision to hand back the uninhabited islands and lagoons given to the company as compensation for the nationalisation of several development projects, including Kadhdhoo airport

According to the order, although the government has said Villa can be compensated for the seizure of the islands and lagoons, the areas were handed over due to the government’s inability to bear the burden of a financial or monetary compensation.

The islands and lagoons that had been ordered to be returned are Thaa Atoll Elaa, Raa Atoll Maanenfushi, Gaafu Dhaal Atoll Gazeera, Kaafu Atoll Maadhihgaru lagoon, and Vaavehdhi lagoon.

Speaking at a joint rally of JP and Maldivian Democratic Party (MDP), Gasim stated that “the Maldivian people will not allow injustice” and reiterated calls for the charges against MDP leader and former President Mohamed Nasheed to be dropped.

“Forget it, nobody can push us back, we will be in the service of the Maldivian people. We will defend the fundamental rights and freedoms of the constitution”, Gasim said.

The JP’s opposition to key government legislation last year saw Gasim suffer setbacks to his businesses, as well as physical threats against his person – both of which the party blamed on Gasim’s former political allies.

“You can seize everything, take it. Take it. After all, things can only be taken from people who have them,” he told attendees of the joint rally of Maldivian Democratic Party (MDP) and JP held on February 5, 2015.

“Yameen, do not think that a well-built man can come and shoot me with a gun. No, No, No. I am not afraid even one bit.”

President Abdulla Yameen has denied Gasim’s business reversals were a result of political events, stating that all businesses were treated equally under the law.


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Civil Court concludes first hearing of Hulhumalé Court challenge

Former President and Maldivian Democratic Party (MDP) leader Mohamed Nasheed’s case against the legality of the process in which the bench of the Hulhumalé Magistrate Court was heard by the Civil Court today.

Nasheed submitted the case to the lower court after the High Court decided on Monday (February 9) that it could not deliberate on the legality of the bench, citing jurisdictional grounds.

The High Court’s decision read that, under the regulation, the court can deliberate on decisions of the lower courts, but not on their composition.

According to Nasheed’s legal team member Ahmed Abdulla who spoke to the press outside the court, the trial today heard the case challenging the legality of the Hulhumalé Magistrate Court bench and also a stay order requested by Nasheed.

“We have received information the Judicial Service Commission plans to bring changes to the bench, we requested the court to order a halt to that”, Abdulla said.

He added that the JSC’s legal team requested more time to respond to the case regarding the legality of the bench but that it had responded to the stay order request.

“Firstly they stated that the bench is not in existence and then they said that we have brought no changes to the bench. Therefore what they are basically saying is that bench not being in existence is not a change. We were unable to comprehend what they were saying”.

Abdulla told reporters that in response to this, Nasheed’s legal team stated that the reason Nasheed had lodged cases in court against the JSC is because the commission insists it has powers to assemble court benches.

Nasheed’s legal team member Hisan Hussain stated that the reason the JSC is saying the bench does not exist is because magistrates who were initially appointed to the bench have now been promoted to superior courts.

“We must always assume that the JSC will assemble a bench, possibly even tomorrow and proceed with the case as long as the commission insists it has authority to do so,” she continued.

The judge will decide and rule on the stay order request in the next hearing to be held Saturday (February 14) .

While the trial continued supporters of Nasheed and the MDP gathered outside the Civil Court and expressed their discontent over the government’s “persecution and failures”.

Tensions between Special Operations police officers and those gathered grew as police started clearing the crowd from the main entrance of the civil court around 5pm.

Some pushing and shoving was observed along with heated exchanges of words between protesters and the police, although no arrests were made.

(PHOTO: LAWYER AHMED ABDULLA)


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Nasheed predicts he will soon be jailed

Opposition Maldivian Democratic Party (MDP) leader and former President Mohamed Nasheed has predicted that he will be jailed in the upcoming weeks.

Speaking at the party’s 129th National Council sitting last night (February 10) Nasheed stated that although he will be very saddened to leave his family and worldly pleasures, he is determined to patiently bear the pain and “if necessary, even torture”.

“Nevertheless, with your permission, I would like to spend my jail days as the president of this party”, Nasheed said, requesting that the party “try and free me as soon as possible” and to “try and find a way in which I could be saved without being sentenced”.

Nasheed’s challenge of the composition of the Hulhumalé Magistrates Court bench was rejected on jurisdictional grounds on Monday (February 9), paving the way for the court to resume his trial for the January 2012 detention of Criminal Court Judge Abdulla Mohamed.

Nasheed has described judicial proceedings as being influenced by the government, making them “unfair”, alleging that the government’s intention was to sentence him before the new Penal Code is implemented in April, 2015.

Nasheed’s legal team has subsequently submitted the case to the Civil Court, again challenging the composition of the Hulhumalé court bench. The first hearing of the case is scheduled at Civil Court today at 4pm.

In last night’s meeting held to discuss the steps that need to be taken by the MDP in defending the Constitution, Nasheed also said that more than 10 parliament members from the ruling Progressive Party of Maldives (PPM) are discussing switching to the opposition alliance.

The MDP and Gasim Ibrahim’s Jumhooree Party (JP) signed an agreement during a mass rally last Thursday (February 5) night to “defend the spirit of the Constitution and do everything necessary to guarantee the rule of law”.

The agreement pledges to prevent the passing of any propositions in the People’s Majlis against the letter or the spirit of the Constitution, both inside and outside of the Majlis. Currently, the two parties control 34 seats in the 85-seat legislature.

The MDP National Council also decided last night to pass a motion submitted by Villimalé constituency president Mohamed Ibrahim Manik to lift the disciplinary measures preventing MPs who had violated the party’s whip line from participating in votes taken in the party’s internal bodies.

It was also decided that Anas Abdul Sattar be appointed as the party’s secretary general.

Nasheed stated that the joint parliamentary group to be formed under the MDP-JP agreement will strive towards appointing Maamigili MP Gasim to post of speaker of parliament.

Gasim’s decision to stand for the position last May prompted the end of his party’s alliance with the PPM, though the JP did not officially sever ties until late last month.

Nasheed also assured that, if and when the alliance gains the majority, the current composition of independent institutions, such as the Judicial Services Commission, will be changed.

“I will be even more active from block C of Maafushi Jail,” concluded Nasheed.


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Former Defence Minister Nazim remanded for 15 days

The Criminal Court has remanded former Minister of Defence and National Security Colonel (retired) Mohamed Nazim for 15 days in police custody.

Nazim was arrested last night at around 1:15am and was taken to Dhoonidhoo Detention Centre.

Nazim’s lawyer Maumoon Hameed told Minivan News this morning (February 10) that his client was being charged with offences related to activities against the state, while his arrest form described the charges as terrorism and possession of illegal items.

Members from both the Adhaalath and the Jumhooree Party have today said they will join Nazim’s legal team, while the Prosecutor General’s Office has declined to comment on any aspect of the case.

Nazim himself tweeted news of his arrest to his followers shortly after 1am, also announcing that he had left the ruling Progressive Party of Maldives.

A press conference by Nazim’s legal team is scheduled to be held tonight at VTV at 9pm, explained the law firm of Maumoon Hameed – Premier Chambers.

Meanwhile Adhaalath Party spokesman Sheikh Ali Zahir tweeted saying that he has decided to join Nazim’s defence team along with former Commissioner of Police MP Abdulla Riyaz.

Adhaalath Party President Sheikh Imran Abdulla has been one of the few politicians to comment on the case today, tweeting his belief that Nazim would not kill anyone in order to gain power.

“Nazim has been treated with injustice. We are and have been against injustice,” read another post from Imran today.

Following comments made in the media regarding the charges yesterday, Riyaz told Minivan News that he was convinced the case was “purely political”.

“The legal team has prepared a very strong case, and can positively prove that the items found at Nazim’s house do not belong to him,” he said.

Nazim had been minister of defence since the controversial transfer of presidential power in February 2012, having delivered an ultimatum on behalf of mutinous police and military units demanding President Mohamed Nasheed’s unconditional resignation.

Prior to his dismissal, he was considered one of the most powerful figures within the government, holding the health portfolio as well as chair of the Local Government Association (LGA).

Special Operations officers raided Nazim’s home in the early hours of January 18, with police later saying they had found dangerous weapons – including a pistol and an explosive device during the search.

After initially expressing support for the minister, Nazim was dismissed from his position two days later, being replaced by Major General (retired) Moosa Ali Jaleel on January 20.

Police have maintained they were unaware that the home belonged to the defence minister prior to the raid, later telling media that the decision was made not to make arrests due to the profile of the suspect.

After the passports of both Nazim and his wife were confiscated, the former minister was summoned for questioning at police headquarters earlier this week.


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Malé pedestrianised zones to be piloted on February 15

A pilot project to establish vehicle-free zones in the capital Malé will be introduced on February 15, authorities have revealed.

Speaking at a joint press conference with the Ministry of Housing and Infrastructure and the Transport Authority of Maldives, housing minister Dr Mohamed Muizzu said the scheme will see the closure of Heena Goalhi and Raiyvilla Magu in Henveiru ward to vehicles, including bicycles.

“We will also establish special parking zones for people from houses on these roads, special permits will be given to them to park in these parking zones”, Muizzu explained.

President Abdulla Yameen has previously pledged to ban traffic in narrow lanes in Malé in order to ease congestion in the densely crowded city of 130,000 people, allowing space for children to play.

Transport Authority chairman Abdul Rasheed Nafiz said that the measures would need to go hand-in-hand with a reduction in the number of vehicles in order to find long-term solutions to traffic congestion.

Although the government has not finalised the measures, Nafiz said that current proposals included the halting of vehicle registration renewal for vehicles older than 15 or 20 years, with new vehicle registration open only allowed as older vehicles are taken out of use.

“The new slots will go to the highest bidder. We think this is the most fair manner in which we can do this,” Nafiz said.

Muizz today noted that a ministry survey had shown that some areas involved in the pedestrianisation scheme have storage facilities and garages, but that those businesses will be required to load and unload goods by parking outside the pedestrianised areas.

People who park their two wheeled vehicles inside their homes will be allowed to walk their vehicles to the houses inside the no-vehicle areas.

“Physical obstructions will be put in place and traffic police will be monitoring the area to ensure vehicles do not enter. We will ensure there is enough space for wheelchairs and such,” said Muizzu.

According to the ministry, the pilot project will continue with the closure of more roads in all wards along with Henveiru – including Galolhu, Machchangoalhi and Maafannu – until June 8.

Nafiz explained that the stickers assigned to vehicle owners of the residences in the pedestrianized zones will be given free of charge and must be displayed.

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High Court cannot deliberate on Hulhumalé court bench

The High Court has decided today (February 9) that it does not have the jurisdiction to deliberate on the process in which the Hulhumalé Magistrate Court’s bench was formed.

The ruling was made with regards to a procedural issue raised by the Judicial Services Commission (JSC) after former President and Maldivian Democratic Party (MDP) leader Mohamed Nasheed had challenged the legality of the bench.

The judicial watchdog had raised a procedural issue, claiming that the High Court does not have the jurisdiction to oversee the case as the bench had been formed on the advise of the Supreme Court.

The controversial court was formed specifically to oversee Nasheed’s trial for the January 2012 detention of Criminal Court Judge Abdulla Mohamed. Legal challenges to the court have seen the case stalled since April 2013.

The opposition leader today urged Maldivians to take direct action against persistent injustices in the courts, while his legal team claimed today’s decision contradicted prior decisions by the High Court to consider related cases.

In the ruling, the High Court bench presiding over the case unanimously decided that under regulations governing the relevant procedure, “there are no grounds on which the case can proceed in this court any further”.

The High Court’s decision read that, under the regulation, the court can deliberate on decisions of the lower courts, but not on their composition.

Today’s hearing was immediately concluded after Judge Abbas Shareef – presiding over the case – read out the ruling.

Nasheed’s legal team has subsequently submitted the case to the Civil Court, again challenging the composition of the Hulhumalé court bench.

“It is not a trial that is being conducted here”: Nasheed

Speaking to press after the hearing, Nasheed said the “trial is being hastened without due process in order to prevent me from getting the protection of the new penal code which would be enacted in April”.

He also accused the government of using the judiciary to threaten and intimidate political opponents, stating that the Maldivian judiciary is unable to deliver a “free and fair trial, especially with regards to cases against me”.

Nasheed claimed that the father of one of the High Court judges was ordered by a lower court to pay a substantial amount of money owed, suggesting undue influence in the case to produce a specific ruling.

Nasheed told press that he will consult both his and other international lawyers regarding his impending trial.

“It is not a trial that is being conducted here,” commented Nasheed, urging Maldivians to stand up against injustice by “protesting and going on strikes” as “this might happen to anyone tomorrow, although it happened to me today”.

Meanwhile, a statement by Nasheed’s legal team argued that the decision of the High Court had contradicted its earlier ruling which found it had the jurisdiction to deliberate on the legality of the Hulhumalé Magistrates Court.

“The High Court had previously decided that the case can be heard in the court and the decision was announced during the trial,” read the statement, noting that two of the three judges present today had delivered the previous ruling.

Judge Ali Sameer and Judge Shuaib Hussain Zakariyya had presided over the case along with Judge Ahmed Shareef before the latter was demoted to the Juvenile Court in August 2014 and replaced by Judge Abbas Shareef.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.


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Political leaders take to twitter to mark February 7th

Political leaders have taken to social media to mark three years since the resignation of President Mohamed Nasheed in 2012.

While former President and leader of the ruling Progressive Party of Maldives (PPM) Maumoon Abdul Gayoom wished all “patriotic Maldivians” a “Happy 7th February”, Maldivian Democratic Party (MDP) leader Nasheed posted the lyrics of a melancholic Dhivehi ballad.

Nasheed’s message contained the lyrics to a song which describes the “many tears shed that day” – originally written about the death of a couple from Galolhu Penzeemaage, killed when their Dhoni capsized near Malé in the 1980s.

He has made no other official comments regarding the day of his departure from office.

Nasheed resigned on February 7, 2012, after mutinying security forces joined anti-government protesters, demonstrating against the arrest of Criminal Court Chief Judge Abdulla Mohamed – for which Nasheed still faces criminal charges.

The protests’ leaders included key opposition figures from PPM, Jumhooree Party (JP), Dhivehi Rayyithunge Party, and the religious conservative Adhaalath Party.

Current Minister of Home Affairs Umar Naseer – who stood in the front lines of opposition protests against Nasheed’s presidency – said yesterday that the date was a “proud day for Maldives, Islam and the constitution”, thanking everyone who stood against the country’s fourth president.

Naseer this weekend announced his exit from JP after the party joined the MDP in an agreement to defending the Constitution – receiving public praise from Gayoom for his decision.

Meanwhile, other protagonists in the events surrounding Nasheed’s resignation struck a more conciliatory tone, with Adhaalath Party President Sheikh Imran Abdulla saying “the nation cannot move forwards without forgiving and building friendships”.

Sheikh Imran described the events of February 7 and 8, 2012 as “dangerous and sad”.

After supporting Gasim in the first round of the 2013 presidential elections and President Abdulla Yameen in the run-off, Adhaalath is considered an unofficial coalition partner in the government, with the party assigned the Ministry of Islamic Affairs.

Nasheed has recently used the events leading up to and following his departure from office to suggest that the current government has lost legitimacy following the JP’s withdrawal from the governing coalition.

He has cited the Commission of National Inquiry (CoNI) report, which concluded that change of government was “legal and constitutional”, and the events of February 6-7 “were, in large measure, reactions to the actions of President Nasheed”.

“[I]t is evident that President Nasheed lost the support of the coalition supporting the MDP which had brought him to power and it is an irrefutable fact that MDP never enjoyed a clear majority in the Parliament,” read the Commonwealth-assisted report.

Even without the support of the JP’s 13 MPs, the ruling PPM currently enjoys a clear majority in the People’s Majlis, controlling 49 seats alongside the its ally, the Maldivian Development Alliance.

Nasheed stated last week that, with the CoNI report arguing that the transfer of power on February 7 was made in accordance with the law: “Yameen, we are also going to change your government in that very path deemed legal”.


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