Q&A: Mother of Rubeena, held without trial for over four years

Indian national Rubeena Buruhanudeen has been held in Dhoonidhoo detention centre for four and a half years on charges of murdering her ten-month-old child.

The 30-year-old is also facing charges related to attempted suicide – a criminal offence in the Maldives – but has been awaiting sentencing since late August 2010.

This interview with Rubeena’s mother, 58-year-old Shafeeqa Beevi, was conducted by KP Rasheed, and originally published (in Malayalam) on Asianet News – republished here with permission.

Four years have passed after Rubeena’s imprisonment. Why didn’t anybody take this case seriously?

There was no one to help us. We are a poor fishermen family of many difficulties. We struggle to make both ends meet by selling fish and helping others as housemaids. My husband cannot offer any help as he has fallen ill. Economically and socially, we come from the lowest strata.

We cannot speak or write English and we don’t know how to complete legal formalities. Yet, I have been walking to different government offices for the last four and half years. Nothing worked out.

I have three daughters and one son. The elder one Safeena was married to a fisherman called Shihabudheen. The second daughter was married to another fisherman. Rubeena is the third child. My only son, Sabeer Sha works in Saudi Arabia as a house driver. He has been there for seven months.

We managed to marry off our first two daughters with the help of relatives and residents of the locality. The dowry and the gold were a big burden on us. We had pawned the documents of the house and land for the marriage of our elder daughter. As we couldn’t return the money within time, we faced the threat of legal confiscation of our house. Had it not been for the  fisheries department’s waiver scheme, we would have lost our house and ended up in the street.

How did Rubeena’s marriage talks take place? Did no one protest marrying her off to Maldives?

There was one Naseema who would come to our house occasionally. She is from Bimapalli. Once I told her about my daughter. I asked her to look for a groom in her locality. She called me after some days and told there is one guy from Maldives. He is disciplined and rich, you can meet him if you come tomorrow.

The next day we set off to Bimapalli in a bid to meet that guy. We were going to Beemapalli for the first time. We met Naseema there, she took us for a walk through many corridors and reached a house. The guy was sitting there. He looked like a middle aged man in his 50s, not a young guy. He was limping on one leg. The very moment we saw him I told my daughter to forget about it. I told her that he is not suitable, he is very old. She resisted: “Mom, let’s see if it works out.”

Meanwhile, unfortunately, we met an acquaintance there. Her house was next to the premises. Once I returned from her house things had fallen apart. Raheem and Anwar who were the relatives of Naseema were also present there. Anwar used to visit Maldives. He talked to my daughter and convinced her. They made her agree to the marriage.

She didn’t listen to my protest. “Dear mom, I’m not going to get married unless you had to take care of me, you cannot look after me all the time. So this may be for good. They say he is a nice fellow”. This was her response.

We told the matter to her father after reaching home. “If it’s Male’ then let it be,” he responded. The next day I, her father, and others went to Beemapalli. His name was Hassan. He was 45-years-old. Some of his relatives were also present. Since the language was different neither we understood what they told nor did they understand what we told. Anwar and Raheem interpreted what was being spoken. From there Hassan put a ring on Rubeena’s hand.

How could the marriage be fixed without knowing the groom?

There was no other way. They had already convinced and brainwashed her. And if not this, I was incapable of thinking about arranging another marriage. Her father was also helpless. They told that he is a rich man in Maldives having seven houses to give out on rent. Naseema, Raheem and Anwar repeatedly said that he was good and will take care of her.

They told me that this is our good fortune. She had been trapped in their words. Though I had doubts, I didn’t get an opportunity to cross-check.

He gave us Rs15,000 for marriage expenses and told that there is no need of gold and dowry. One of his relatives named Thasleema begged me to go ahead with this marriage saying that he liked her very much. She promised that Hassan will pay our debts. All of his property will be going to Rubeena, she said.

Anwar translated these things as we don’t know her language. Then the things progressed in a hurry. Mahallu committee expressed their skepticism when I informed them. They asked, whether this marriage to Maldives is needed? When I said there is no other way, they agreed.

Marriage function was held at Rareeram Lodge, near Trivandrum Medical College on July 28, 2008. That is a lodge where Maldivian people come and stay. They stayed here for 8 days after the wedding. They stayed in Rareeram and his friends’ houses nearby Kumarapuram. He soon arranged her passport and other documents to take her to Maldives.

It looks strange! A wedding in such a hurry? That too without knowing the whereabouts of the groom…

The Maldivian weddings in this locality are usually done like this. They will marry the poor, destitute girls in these regions and take them away. The poor parents won’t have the chance to know the details and enquire about them.

There is a lot of such Malayali girls in Maldives. He spent around 30,000 for the wedding. He gave a small golden necklace as Mahar. It was the only thing to say as gold. He had told that he will help us to pay the debts. But it didn’t happen.

Did anyone of you go to Maldives with Rubeena? Did you know the situation there?

No one did. We had no money for that. We don’t have the passport either. Our situation is beyond your imagination. Everyone thought that she would be safe there. She called me after reaching there. She shared a shocking news. Hassan had betrayed us. She told me that his former wife had run away from him to rescue herself from the tortures.

That is why he came to Kerala in search of a new wife. In his first wife, he had six children and they were staying with him. I was shocked, I enquired this to the people who arranged this marriage. I was shocked to know that a document he brought for the marriage was his divorce certificate.

It was written in English, none of us were able to read it. It was written in that document that he had married a girl earlier and she eloped and then he divorced her. But nobody told us all these things during the time of marriage.

What else did she tell you on that day?

She told me that she was fine despite all these things and she told me to not be worried about her. When I called her later she told me the situation was better. She might have found it luxurious since she had experienced extreme poverty in our house. She tried to console me all the time. But I could understand she was not very happy there.

After one year she gave birth to her son Ahmed Sohaib in August 2009. After that she had never talked to me in a happy mood. She told me that her husband’s behavior has become worse. He started torturing her, he started neglecting her. My daughter started telling that she is fed up there. Every time she called, she cried a lot.

One day she asked me: “dear Mom, will you take care of me, if I come home?” It was disheartening, I cried. I told her to come back and I would look after her going for coolie jobs. I told her that we can live happily with whatever we have.

Did she call you after reaching Maldives?

Yes, she used to call. Every time she cried. When I started scolding her asking why she did go again, she became upset and said “Mom, at least you don’t abuse me”.

Rubeena told me about Hassan’s affair with one Malayali nurse who worked there. Earlier, she had a friendship with my daughter. Rubeena had told me about another girl who is a friend of the nurse who supported Hassan’s affair. I forgot her name.

It was on May 28 that she called me from their home for the last time. She said she would send me some money and call me on June 2. She didn’t call me on the day she said. It never happened before. So I was a bit scared. I told my son to call Habeeba in Male’. Habeeba is a relative of Hassan.

Habeeba told him about what had happened to my daughter. He told this to my elder children, not to me. They told it to me.

I heard that she killed her son and attempted to commit suicide. I was shattered. With the help of my son I called to several numbers there to know what really happened. But none of them received my call. After that nobody told me anything. Even Hassan didn’t call me nor did he pick my call.

I informed all the things to the relatives here as well as the Mahallu committee. I requested them to do something. I went in search of Naseema and Raheem many times. I couldn’t find them or get them on phone.

I was sure that she will never do such a horrible thing. She will not kill her son, because she loved him so much. And I know that she will not attempt to commit suicide. We have already suffered bigger hardships than this. We didn’t think of ending life at all those times. Though she was very fragile, she was mentally strong.

When did your daughter call again?

One day she called me. And she wept and cried telling me that she is in jail. I asked her what happened. She swore upon Allah that she didn’t kill her son. She told she was trapped and betrayed. She can speak only three minutes, then the phone will be disconnected. If we call back they won’t allow her to speak.

We were allowed to call her at least once in a month. She told all the things happened after many such short telephone conversations.

What did Rubeena say? And what happened?

My daughter repeatedly told me that the intimacy between Hassan and that nurse became strong, he kept her in one of his houses. She told me that she went there and questioned why she was staying there, to which the nurse replied saying: “Hassan told me to stay here”.

She [the nurse] closed the door when I started questioning her, explained Rubeena.

“Hassan was provoked when I reached home, he threatened to kill me. Afterwards he said you and your son can return to your home, I agreed to that, but suddenly he came up with a condition; that he won’t give his son, ‘you can go back to your house without our son’. I disagreed. He knows that I couldn’t live without my son, we quarreled with each other. He threatened me again.”

“It happened that a day later, he arranged a party for his friends at our home. I made Biriyani and juice for them. The nurses were also at the party, they gave me a juice, me and my son drunk the juice. Soon, my son fell asleep and I went to sleep with my son. Then I woke up at the hospital. I asked for my son, then the nurse and her friend told me that I killed my son by pressing a pillow on his face. I was shocked. I denied this. There were some policemen too, they handcuffed me. Only after many days they gave permission to call her mother from the jail.”

The fake charges against Rubeena are that she killed her 10-month-old baby by suffocating him with pillow, and attempted suicide on the same day. The nurse gave the witness statements.

What does Rubeena say about the murder?

She has no clear idea about who killed the boy. Rubeena says that she was asleep while the incident took place. However, from the later developments and the way Hassan behaved, she doubts his principal involvement in the heinous act. Rubeena is clueless who added poison to the juice and what happened thereafter.

What is the status of her marriage now?

Hassan visited the jail after two years; he said that she could go home and for that she has to sign some papers. He insisted she sign the divorce papers and promised it would enable him to complete the procedure to send her home.

She had called me asking what to do. I told her not to sign. He kept visiting her and insisting. She finally signed the divorce papers, dreaming about returning home. That was a trap, he didn’t make any attempt to get her out of jail, he cheated her once again.

As far as we are aware, Rubeena was trapped in the case. She is languishing in a foreign prison for four and half years. What did you do to save her?

From the very first day, I have been trying to contact people seeking help. I couldn’t find the Beemappalli guys who were involved in her marriage. Everybody asked to file a complaint. We don’t know English. One of my relatives prepared a complaint in English and I had met several leaders.

I have met Chief Minister Oommen Chandy, A Sampath MP, our MLA, the police DGP, district collector among others. They all promised to do the needful. Nothing has happened yet. I also went to the Maldives Consulate at Thiruvananthapuram. They informed me that they cant do anything about it.

They, however, gave me the address of the ministry and police department of Maldives. I sent the complaint to those addresses. I didn’t get even an acknowledgement. I met the chief minister with the same complaint once again. We are from a poor fishermen community; we don’t know how to get these things done. There was no one to help.

It was after the release of Jayachandran master, I renewed my hope. He had met Rubeena in jail and she had given him my number. He contacted me over phone and I explained everything I knew. He is now taking initiative, along with his friends, to save Rubeena and many other victims in Maldivian jails.

Are you optimistic about the latest developments?

I had completely lost my hope. But now, things are apparently changing. My hope has been restored. Many people who have never seen me or are even connected to me are trying to bring my daughter out of that prison. I heard that the effort could become successful only if the state and central governments effectively intervened.

If everyone tries together, I hope she might return home. I have explained about the developments to my daughter. She is also hopeful, now. In Maldives also, some people are trying to help her. I pray for her early release. I hope to see her before I close my eyes.

This interview was translated by Shahida A, Ayoob Rahman and Navas Machingal



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Former Defense Minister brought to Police for statement

Former Defense Minister Colonel (retired) Mohamed Nazim was brought  to the Maldives Police Services (MPS) headquarters to give a statement last night (February 7).

A police media official told Minivan News that Nazim was summoned in order to obtain a statement regarding the ongoing investigation into weapons found at Nazim’s home.

Nazim’s lawyer Maumoon Hameed – who has replaced former Attorney General Azima Shukoor as Nazim’s legal representative – confirmed that he and some of his family members have provided the police with statements.

“I would like to reiterate that Nazim has been assisting the police with this investigation since day one,” Hameed told Minivan News today. “In doing so, Nazim and members of his family provided DNA samples and fingerprints to the police.”

The MPS had previously revealed that it found a pistol and a makeshift explosive device at Nazim’s home during a raid under a court warrant in the early hours of January 18.

Speaking to the media on January 29, Commissioner of Police (CP) Hussein Waheed said that, after searching Nazim’s home using “forced entry”, police found a 9mm handgun, an improvised explosive device, 3 bullets, and a magazine.

Nazim’s lawyer immediately released a statement denying that the items found were there with the former minister’s knowledge.

“The items claimed to have been found at Colonel Mohamed Nazim’s residence by Police Commissioner Hussein Waheed do not belong to Colonel Nazim or his family, and if there were any items were present at the house, they were there without Colonel Nazim’s or his family’s knowledge,” read the statement.

Both Nazim and his wife’s passport have been withheld by authorities, with Commissioner Waheed explaining that police did not consider taking Nazim into custody to be the “best course of action to proceed depending on his profile”.

“However, as you can see we have prevented him from leaving abroad,” he added.

Additionally, Commissioner Waheed said that police had written to the Maldivian National Defense Force to verify ownership of the weaponry, being informed that no items were missing from the military’s inventory.

Police have maintained that the service was not aware it was Nazim’s home until after the raid, noting that they had adhered to international best practices and that Nazim was present during the search.

Waheed described the weapons as “very dangerous”, saying that, while the handgun could be lethal, the explosive device when matched with another component could cause “large scale destruction”.

Nazim – who was also acting health minister and head of immigration – was dismissed from his post on January 20, three days after the police raid.

Speaking to the media at the time, Nazim said that events had shown that no Maldivian was assured of safety and security.

“This gives an alarming signal that entering any house, at any time and to do anything is possible. The defence minister is the most senior official standing beside the president,” he told the press immediately following his dismissal.

Police have since suggested that Nazim was questioned regarding the weapons but that he had failed to adequately respond to the questions.



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Amnesty calls for moratorium on flogging in Maldives

Amnesty International has called upon the Maldives to establish a moratorium on flogging, and to annul all convictions for the crime of fornication.

The human rights NGO has made the recommendations as part of its submission for the 60th session of the Committee on the Elimination of All Forms of Discrimination against Women later this month.

“Laws criminalizing ‘fornication’ or ‘adultery’ can act as a deterrent to women and girls reporting rape because they fear being prosecuted if their allegations are not believed,” reads the submission.

The committee is the body of independent experts that monitors implementation of the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW).

In its submission for the UN Human Rights Council’s Universal Periodic Review, released last month, Amnesty argued that human rights in the Maldives in general had deteriorated over the past four years.

While having ratified CEDAW in 1993, the Maldives has maintained reservations to any provision which may contradict the principles of Islamic Sharia enshrined in the country’s Constitution.

“As frequently highlighted by UN treaty bodies and UN Special Procedures, including CEDAW, flogging constitutes a cruel, inhuman or degrading punishment and the criminalization of fornication is a violation of the rights to privacy and bodily autonomy,” said Amnesty.

The NGO reported that attempts to gain statistics of the incidence of flogging from the Prosecutor General’s Office had been unsuccessful.

New regulations for flogging introduced by the Supreme Court last October noted that the offender must be of sound mind, must not be pregnant, and must not have an illness that could endanger his or her life due to flogging.

Moreover, a sentence for flogging must be implemented after the convict has either exhausted the appeal process or declined to appeal the verdict in the specified period.

Information previously made available by the Department of Judicial Administration showed that, while applicable to both men and women, flogging is largely discriminatory against women in practice.

“In 2013, the office of the Prosecutor General told Amnesty International that convictions were primarily based on confessions, and that if the accused denied the allegations, the charge of ‘fornication’ would normally be dropped,” read the report.

“The office said men usually denied such allegations, and were therefore not charged. This was also true for some women, unless they had become pregnant or were under pressure from their communities. In such cases they admitted to the allegations and were charged.”

Additionally, Amnesty’s submission to the committee recommends that the Maldives bring laws on rape and other forms of sexual violence into line with international human rights standards.

Amnesty also called upon government to investigate and prosecute all allegations of rape and other forms of sexual violence and ensure that anyone who reports rape or other forms of sexual violence is provided with appropriate support services.

While polls conducted in recent years suggest that two thirds of Maldivians would support a moratorium on the practice, public criticism of the practice has caused unrest.

After UN High Commissioner for Human Rights Navi Pillay called for a moratorium while speaking in the People’s Majlis in 2011, protesters gathered outside the United Nations Building in Malé, calling for her arrest.



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Three-month old Maldivian baby dies in Syria

Media sources have reported that a three-month old Maldivian baby has died in Syria after being taken their with her parents.

According to reports, the baby died as a result of respiratory difficulties around one week ago due to lack of adequate healthcare.

It was also reported that, after the child had fallen ill, the mother attempted to travel back to the Maldives but was prevented from contacting relatives due to the lack of cooperation from her husband and other jihadists.

Her parents are said to have travelled to Syria for jihad around two months ago, crossing into the country from Turkey.

Maldives Police Service media officials stated that the they had not yet received any information about the case.

Earlier this week, Commissioner of Police Hussain Waheed called it a cause of concern that Maldivian nationals are leaving the country to fight in wars abroad.

In a police function held on February 2, the Commissioner said it is necessary for all police officers to work together in order stop Maldivians joining wars abroad, instructing the intelligence department to immediately take preventative measures if the service receives any information regarding such a case.

Since the first reports of Maldivians travelling to ISIS-held territories for jihad were received last year, a steady stream of recruits have left the country, including couples and entire families.

The exact number of Maldivians abroad for jihad remains unclear, with Haveeru reporting a group of six having departed last week, as well as a dozen more said to have gone to Syria at the start of January.

Commissioner Waheed has previously estimated that around 50 Maldivians are working with foreign rebel groups, dwarfing figures suggested by Home Minister Umar Naseer in December.

Despite assurances that the activities of radicals are being monitored, the group said to have left in early January included a number of individuals known to police.

They included Azlif Rauf – a suspect in the murder of MP Dr Afrasheem Ali, and an individual arrested over the disappearance of Minivan News journalist Ahmed Rilwan.

Last month, four would-be jihadis were apprehended in Malaysia, with media reporting that they were brought back to the Maldives and released after the authorities seized their passports. A similar group were returned from Sri Lanka in November.



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MPs need more time for Ibthihaal investigation

The Majlis government accountability committee requires more time to determine possible state negligence regarding the death of three-year-old Mohamed Ibthihaal last week.

Committee member Rozaina Adam said that the committee first received documents and reports from the state institutions regarding the case when arriving at today’s sitting.

“The reports were not emailed to committee members before the sitting,” said Rozaina. “We had to read them while at the committee so we did not have adequate time to map out a course of action according to the contents of the documents”.

The Maldivian Democratic Party MP noted that the report sent by the police did not include any information relating to Ibthihaal before his death, only detailing the actions by the service afterwards.

“We have no choice but to ask representatives from police to come and clarify the information to the committee,” she said.

Local authorities and the police and gender ministry were both aware of the abuse prior to the child’s death, the island council has revealed, though the government has assured that Ibthihaal was in a safe environment when officials last visited the island.

However, Rozaina noted today that the Ministry of Law and Gender has no documents to substantiate these claims.

“The gender ministry says they handed the child over to a relative, but they have no records of doing so and the relative denies having been handed over guardianship. There are documents and forms that need to be filled if gender assigns guardianship of a child to another person,” said the Addu-Meedhoo MP.

Closed committee

Rozaina also accused pro-government MPs of hampering the investigation, stating they “do not want to reveal any information that might find the government guilty of negligence”.

She also accused committee chair Riyaz Rasheed of conducting today’s sitting in violation of the Majlis’ rules of procedure by refusing to allow members of the press to witness proceedings.

Responding to these claims, Progressive Party of Maldives (PPM) MP Riyaz said that neither a motion to hold a closed door session nor an open one was proposed by any member, with the meeting adjourned before any such deliberations were made.

“At first I did not let media personnel inside the meeting room as some of the institutions requested their reports and documents be kept confidential, and before any committee member proposed to hold a closed door meeting or an open one, I ended the committee as most members requested further time to analyse the documents,” Riyaz stated.

The Vilifushi MP also said that the committee members would receive until next week to analyse the documents, after which he would schedule a sitting to proceed with the issue further.

Documents regarding Ibthihaal were requested from Rakeedhoo Island Council, the Maldives Police Services, the Human Rights Commission of the Maldives, the Ministry of Law and Gender, and the Family Protection Unit.

Multiple investigations into potential state negligence have begun after the authorities’ prior knowledge of the abuse became apparent.

Meanwhile, the 26-year-old mother of the child, Afiya Mohamed, was arrested in the afternoon hours of January 30, with media reporting that Rakeedhoo Magistrates Court had remanded her for 15 days.

Ibthihaal’s two siblings are currently in the care of family members, local authorities have said.



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Avaaz petition urges government to find those behind Rilwan’s disappearance

Social activist website Avaaz has called upon President Abdulla Yameen and his foreign minister Dunya Maumoon to identify those involved in the disappearance of Minivan News journalist Ahmed Rilwan.

“We call on you to ensure a thorough investigation into the disappearance of Minivan News journalist Ahmed Rilwan and bring to justice all those involved in his alleged abduction,” read the petition launched this week.

Avaaz – which means ‘voice’ in various languages – is urging Maldivian authorities to protect free speech in the Maldives and to address the threat of violent extremism.

A private investigation into the 29-year-old’s disappearance implicated radicalised gangs, while – despite a lack of progress in the search – the home minister has acknowledged gang involvement.

Avaaz campaigns in 15 different languages, claims over 40 million members in 194 countries, and has been described as the “globe’s largest and most powerful online activist network” by the UK’s Guardian newspaper.

Rilwan’s brother Moosa told the organisation that he had turned to them after fearing that Maldivian authorities were doing nothing to aid the search.

“Rilwan was a brave journalist who exposed the dangerous Islamic radicals operating in these paradise islands and who had issued many death threats to my brother. But many of these extremists have links with ruling politicians and that’s why the police are not moving on Rilwan’s case,” suggested Rilwan.

Similarly, speaking with Minivan News on the occasion of Rilwan’s 29th birthday last month, his mother Aminath Easa said she was convinced her son was a victim of a coordinated abduction.

“The police will look for him and find him if their superiors order them to do so. I believe government officials are complicit in this case,” said Easa, aged 67.

Friends and family of Rilwan take part in the second 'Suvaalu March' on January 8

International pressure

After suggesting opposition groups, friends, and family of the journalist were obstructing the investigation, authorities have assured that the search continues six months after Rilwan was last seen at the Hulhumalé ferry terminal – shortly before witnesses reported a man being forced into a car outside of Rilwan’s apartment.

Commissioner of Police Hussein Waheed told the media last month that the search was continuing without “interruption or boredom”, though he declined from revealing specifics, saying that information previously circulated by sources had “cast a shadow over our work”.

While foreign minister Dunya has previously spoken out about the case, noting the importance of protecting free speech, President Yameen has yet to comment on the matter beyond a brief remark made shortly after the disappearance.

Rilwan’s brother told Avaaz that international pressure was the only thing that would make the authorities act, noting the country’s heavy reliance on the billion dollar tourism industry.

“This Sunday [January 8] it will be 6 months since Rilwan disappeared. When we get to 50,000 signatures, Avaaz will take out ‘Missing person’ ads in major Maldivian newspapers and launch a massive media awareness campaign on the extremism and corruption in my beautiful islands,” said Moosa.

“Please join my family’s search for Rilwan.”

Avaaz previously launched a Maldives campaign in March 2013, calling for the flogging sentence given to a 15-year-old rape victim to be rescinded.

After 2 million people signed the petition, the High Court overturned the sentence in August 2013.

Deputy Minister of Tourism at the time of the first petition Mohamed Maleeh Jamal – now minister of youth and sports – called the campaign’s motive “dubious”.

Meanwhile, then President Dr Mohamed Waheed – to whom the petition was addressed – thanked the international community for its concern but warned against calls for a tourism boycott.

In response, Avaaz Executive Director Ricken Patel denied a boycott had been called for, suggesting that tourists had the right to know the issues of countries they intend to visit.

“Around the world people are interested (and have a right to know) what kind of systems they’re supporting with their tourism dollars, and to make their holiday decisions accordingly,” said Patel.

Sign the petition here

(PHOTO: RILWAN’S BIRTHDAY EVENT, JANUARY 18, 2014; MINIVAN NEWS ARCHIVE)



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Nasheed’s request for halt to Hulhumalé court appointments denied

The High Court has ruled that there are no legal grounds under which a stay order can be granted against the Judicial Service Commission (JSC) regarding the appointment of judges to the Hulhumalé Magistrates Court.

The order was requested by former president and opposition Maldivian Democratic Party (MDP) leader Mohamed Nasheed during Tuesday’s (February 3) hearing into his case against the JSC over the legality of the appointment process.

Hassan Latheef, a member of Nasheed’s legal team, told Minivan News that the High Court gave its decision with no further explanation or reasoning.

“It just said that the court finds no legal ground on which such an order can be granted,” said Latheef.

Further, he revealed that representatives of Nasheed have been asked to attend the High Court to sign the statements given in relation to the case challenging the legality of the Hulhumalé Magistrates Court bench,

The case was first raised in 2012, and challenges the legality of the bench assembled to try the opposition leader for the detention of Criminal Court Judge Abdulla Mohamed during his presidency.

Meanwhile, Tuesday’s hearing saw presiding judges ask Nasheed’s representatives to submit the request for a stay order in writing despite their insistence that the court allow the request to be presented orally.

Nasheed lawyer Hisaan Hussain commented while speaking to the press after the hearing that the court must provide opportunities for the points to be presented orally, facilitating the illustration of connections between laws and facts of the case.

Expressing discontent over the time limits placed by the presiding judge and the refusal to allow the points to be raised in court, Hisaan said: “If the court is not providing enough time to orally present the case in detail, both parties involved can send the relevant documents to court and the court can deliberate on the matter”.

Responding to the request during Tuesday’s trial, JSC lawyer Hussain Ibrahim said he was unable to respond as he was not aware the process of appointing new judges to the Hulhumalé Magistrates Court bench was underway.

Nasheed and the MDP have suggested the case is being rushed through after a near two-year delay in order to conduct his trial before the introduction of the new Penal Code in April, which they argue does not include the offence under which he is being charged.

Hearings will resume next week.



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Maldivians fighting wars abroad a concern, says Police Commissioner

Commissioner of Police Hussain Waheed says that it is a cause of concern that Maldivians nationals are leaving the country to fight in wars abroad.

It is necessary for all police officers to work together in order stop Maldivians joining wars abroad, he told fellow officers at a police function held yesterday (February 2).

If police receive any information regarding such a case, he added, it should be investigated by the intelligence department and adequate preventative measures should be taken immediately.

The commissioner’s remarks closely follow reports that a former mosque employee at Malé’s Indhira Gandhi Memorial Hospital and his wife had travelled to Syria for Jihad, entering ISIS-held territory after travelling to Turkey via Dubai.

The exact number of Maldivians abroad for Jihad remains unclear, with Haveeru reporting a group of six having departed last week, as well as a dozen more said to have gone to Syria at the start of January.

Waheed has previously estimated that around 50 Maldivians are working with foreign rebel groups, dwarfing figures suggested by Home Minister Umar Naseer in December.

Commissioner Waheed has said that police are working with the Islamic ministry and relevant government departments to prevent radicalisation, though he said the variety of people travelling for jihad made it hard to target the most vulnerable groups.

Despite assurances that the activities of radicals are being monitored, the group said to have left in early January included a number of individuals known to police.

The group included Azlif Rauf – a suspect in the murder of MP Dr Afrasheem Ali, and an individual arrested over the disappearance of Minivan News journalist Ahmed Rilwan. A private investigation into Rilwan’s case implicated radicalised gangs in what is believed to have been the 29-years-old’s abduction.

Last month, four would-be jihadis were apprehended in Malaysia, with media reporting that they were brought back to the Maldives and released after the authorities seized their passports. A similar group were returned from Sri Lanka in November.

In November, a jihadist group called Bilad Al Sham Media (BASM) – which describes itself as ‘Maldivians in Syria’ – revealed that a fifth Maldivian had died in Syria.

Defending the government’s stance on extremism and ISIS, Islamic minister Dr Mohamed Shaheem Ali Saeed told the Majlis late last year that “Maldives will not allow Maldivians to go and fight in foreign wars”.

“We do not support their [ISIS] extremist policies. We have repeatedly appealed to our beloved youth to refrain from falling prey to these ideologies,” he said.



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Nasheed requests reappointments to Hulhumalé court be stopped

Former President Mohamed Nasheed’s legal team have requested that the appointment of new judges to the vacant positions on the Hulhumalé Magistrate Court bench be halted.

The stay order was submitted at today’s High Court hearing in Nasheed’s case against the Judicial Services Commission (JSC) over the legality of the appointment process to the magistrates court.

Despite Nasheed’s representatives insisting that the court consider the request during the hearing, presiding judges asked that it be submitted in writing, saying that the court will deliberate on the issue in a timely manner.

Responding to the request, JSC lawyer Hussain Ibrahim said he was unable to respond as he was unaware that the process of appointing new judges to the Hulhumalé Magistrate Court bench was underway.

Nasheed’s lawyers attempted to add new points to the original case, but the judges again asked that the new point to be submitted in writing, in spite of further protests.

“This hearing will only take arguments from both sides regarding the procedural issue raised by JSC. We will only allow this trial to be conducted as scheduled”, stated Abbas Shareef, the presiding judge.

The case was first raised in 2012, and challenges the legality of the bench, which was assembled to try the opposition leader for the detention of Criminal Court Judge Abdulla Mohamed during his presidency.

JSC’s procedural issue

The JSC lawyer stated that he had no points to add to the arguments made prior to the case’s suspension in April 2013. These included claims that the Hulhumalé bench had been appointed on the orders of the Supreme Court, meaning that the High Court could not deliberate on the decision.

Ahmed Abdulla, member of Nasheed’s team, noted that the letter regarding the appointment of the bench was sent by the Supreme Court in the capacity of the Judicial Council, despite it having been written under a Supreme Court letterhead.

Therefore Nasheed’s lawyers contested that the decision cannot be interpreted as a Supreme Court ruling but must be regarded “an administrative decision by an administrative body”, which would enable the High Court to deliberate on its legality.

The Judicial Council was created under the 2010 Judicature Act to oversee administration of the courts, but its duties were soon absorbed by the Supreme Court in what has been described as a centralising of judicial power.

Hisaan Hussain and Abdulla Shairu also spoke on behalf of Nasheed today, while Hassan Latheef also represented the Maldivian Democratic Party (MDP) leader in court.

Conclusion

The hearing was concluded after a brief statement by Nasheed in which he requested that the High Court grant him the permission to travel freely during the period in between hearings.

Nasheed also expressed his hope that the court had not expedited his case because “we are moving towards the shade of the new penal code, which does not include the article under which I have been charged”.

The presiding judge ended the session with the announcement that a hearing will be held next week in which the court will deliver its verdict on the procedural issues raised by the JSC, explaining to Nasheed that he will be granted permission to leave Malé after making requests in writing.

The MDP yesterday described Nasheed’s trial as the government’s attempt to eliminate President Abdulla Yameen’s political opponents and to prevent them from contesting in the 2018 presidential elections.

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”.

(PHOTO: MINIVAN NEWS ARCHIVE)



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