Politics – Page 56 – Minivan News

Nasheed to wait on appeal until Criminal Court provides full case report

Former President Mohamed Nasheed has decided to wait on appealing a 13-year jail term until the Criminal Court provides both a full transcript of court proceedings and sufficient time to prepare, despite a looming appeal deadline of Thursday (March 26).

The Criminal Court has so far only provided a judgment summary, and not a full case report as requested by lawyers.

The court today blamed the delay in issuing the full report on Nasheed and his lawyers’ alleged refusal to sign statements they had made during court hearings.

Another unnamed individual had also failed to sign off their statements, the Criminal Court said, adding that it could not release full proceedings without the required signatures.

“We hereby publicly announce that if there is a delay in releasing the detailed case report, it is not because this court has failed in its duty, but because Mohamed Nasheed and his lawyers have not cooperated with the court,” the court said in a statement.

But Nasheed’s lawyers said the former president had refused to sign the statements only because they contained serious errors, which they say the Criminal Court has so far refused to correct.

“For example, the statement of witness testimony from the Chief of Defence Force contains statements he did not make in court. Further, the Criminal Court omitted President Nasheed’s request for medical attention at the first hearing on February 23,” lawyer Hisaan Hussein told Minivan News.

She also noted the statements were not a transcript of all that was said at court, but a summary, which had resulted in omissions and paraphrasing of the actual comments.

In a statement issued today, Nasheed’s lawyers said the Criminal Court has been “repeatedly obstructing President Nasheed’s constitutional right to appeal and imposing administrative restrictions by failing to provide the court report to date.”

“The full case report would include the testimonies of prosecutor’s witness which was recounted by the Judge wrongly, submissions made regarding documentary evidence, closing statement submitted by the prosecution, detailed findings of the judges with reference to the evidences and conflicting rulings made on many aspects of procedural law which was contended during the trial.

“Additionally, since the first and last three hearings were conducted in the absence of legal representation, the arguments and submissions made by the prosecution regarding witness testimonies, documentary evidence and closing statement will be known only after we receive the full case report,” lawyers said.

A High Court appeal could be filed solely based on the judgment summary, but Nasheed’s lawyers said they would then only have the opportunity to argue within the parameters raised in the initial submission.

As issues contended in subsequent hearings would only be considered at the discretion of judges, it is imperative that Nasheed receives the case report to prepare his appeal, lawyers said.

The Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor claimed the Criminal Court is “using every procedural trick in the book to deny President Nasheed’s right to appeal.”

“The Criminal Court conducted a disgraceful and blatantly politicized trial, and now they are busy trying to hamper the appeal,” he added.

Nasheed was convicted of terrorism on March 13 over the January 2012 military detention of Judge Abdulla in a trial many international and domestic observers called a “travesty of justice.”

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein and the UN Special Rapporteur on Independence of Lawyers and Judges Gabriela Knaul last week urged the Maldives to guarantee that Nasheed’s appeal would respect the most stringent fair trial standards and observe due process, including adequate time for preparation.

The surprise trial began one day after Nasheed was arrested on February 22, and was completed after 11 hearings in 19 days.

“It is hard to see how such hasty proceedings, which are far from the norm in the Maldives, can be compatible with the authorities’ obligations under international law to conduct a fair trial,” Zeid said.

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Nazim’s legal team slams Vaguthu over allegedly leaked documents from pen drive

Former Defence Minister Mohamed Nazim’s legal team has slammed online news outlet Vaguthu over the publication of leaked documents allegedly obtained from a pen drive confiscated from the retired colonel’s apartment.

Vaguthu claimed today that the documents were shown to lawyers at a closed hearing of Nazim’s ongoing trial on weapons smuggling charges and were leaked “after the legal team took pictures of the documents and sent to close friends.”

In a press statement today, Nazim’s legal team condemned Vaguthu for publishing a story with “blatantly false information.”

“We note that the [allegations of the lawyers] committing illegal acts are baseless falsehoods fabricated with the intention of misleading those who did not attend the court hearings regarding the proceedings,” the press release stated.

The Prosecutor General’s (PG) Office had submitted plans contained in the pen drive as confidential documents. The pen drive was allegedly confiscated along with a pistol and three bullets during a midnight raid at the then-defence minister’s apartment on January 18.

Nazim’s legal team categorically denied taking photos of the documents, noting that court officers searched lawyers with a hand-held metal detector before entering the courtroom.

As the confidential documents were shown to defence lawyers inside the courtroom and were not released, the legal team noted that lawyers would not have had the opportunity to take photos while court officers, state prosecutors, and judges were present.

Moreover, as the law firm’s offices were in front of the justice building, none of Nazim’s lawyers took their phones to the court hearings, the press release added.

The allegations by Vaguthu journalist Adam Nawaz were intended to unlawfully “challenge justice” in violation of court orders, influence public perception concerning Nazim’s trial and conceal the source of the documents, the legal team contended.

At a hearing on March 11, state prosecutors claimed that plans on the pen drive showed that the then-defence minister was planning to attack President Abdulla Yameen, Tourism Minister Ahmed Adeeb, and Police Commissioner Hussain Waheed.

The plans demonstrated Nazim had the “motive and character” to use the pistol and bullets, State Prosecutor Adam Arif told the Criminal Court.

However, Nazim’s lawyers alleged that rogue police officers planted the weapons in a conspiracy engineered by Adeeb. The ruling Progressive Party of Maldives (PPM) deputy leader subsequently dismissed the allegations as “lies.”

Nazim was sacked from the cabinet after the midnight raid on January 18 and arrested on additional charges of terrorism and treason on February 10.

Pen drive plot

Vaguthu meanwhile claimed to have verified the authenticity of the leaked documents, which allegedly revealed “a huge conspiracy to murder Tourism Minister Adeeb” on February 14 and assassinate President Yameen in Singapore.

“The document indicated that Nazim should advise Adeeb to hold a show on Valentine’s Day and the attack was planned to happen at the show which will put the blame on the extremists and therefore the evidences can be destroyed and as well the attackers could escape,” reads the Vaguthu article.

Adeeb’s assassins or marksmen were to flee on a speedboat in front of the Merry Brown restaurant and spend three days at Jumhooree Party (JP) Leader Gasim Ibrahim’s Paradise Island Resort, after which they would be flown to Bangkok, Thailand.

The documents also contained a chart showing the Yameen administration divided into factions led respectively by the president and then-Defence Minister Nazim.

Nazim’s “team” included Vice President Dr Mohamed Jameel Ahmed, the Maldives National Defence Force (MNDF), Home Minister Umar Naseer, former Police Commissioner and current JP MP Abdulla Riyaz, Maldives Ambassador to Malaysia Mohamed Fayaz ‘FA,’ former State Trading Organisation (STO) Managing Director Adam Azim (Nazim’s brother), PPM MP Hussain Manik Dhon Manik, PPM MP Ahmed Nazim, Youth Minister Mohamed Maleeh Jamal, and President’s Office Minister Abdulla Ameen.

“Tourism Minister Adheeb’s connection is extended to Environment Minister Thariq Ibrahim, Attorney General Mohamed Anil and Fisheries Minister Dr. Mohamed Shainy,” Vaguthu stated.

“Minister Adheeb’s connection is further extended to Auditor General Hassan Ziyath, Prosecutor General Muhuthaaz Muhusin, Supreme Court, Progressive Party of Maldives’ PG group, and Anti-corruption Commission.”

The plot allegedly involved Chief of Defence Forces Major General Ahmed Shiyam, Vice Chief of Defence Forces Ahmed Mohamed, Gasim’s Villa Group, STO, and an individual identified as “Bodu Boalha Naseem” who was to secure weapons from the MNDF armoury.

After President Yameen is assassinated, Vaguthu claimed that Dr Jameel would assume the presidency and back Nazim’s presidential bid in 2018. Upon winning the election, Nazim would “reconnect with the Zaeem team,” a likely reference to PPM leader, former President Maumoon Abdul Gayoom.

“All the government contracts will be assigned to Gasim after Nazim is elected as the President and if necessary, FA Fayaz will get the support from the Thailand’s army,” reads the Vaguthu article.

Photos from Vaguthu

Related to this story:

State concludes witness testimony in former Defence Minister Nazim’s trial

Ex-defence minister “plotted to attack” president, police chief, tourism minister

PG threatens legal action against Nazim’s lawyers

Adeeb framed Nazim after fallout over Malé City’s Areca palms, lawyers claim

Fingerprints on confiscated pistol did not match Nazim’s, lawyers reveal

Evidence against Nazim consists only of 13 anonymised police statements

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President Yameen denies knowledge of Nazim weapons set-up

President Abdulla Yameen today hit back at Adhaalath Party President Sheikh Imran Abdulla’s claims the president was aware of the alleged framing of former Defence Minister Mohamed Nazim in an illegal weapons charge.

Sheikh Imran, speaking at the opposition Alliance Against Brutality last night, said he had met with President Yameen on March 3 and told the president he would have knowledge of the senior government officials involved in the set-up against Nazim.

“Even though it cannot be proven at the court, we told [President] Yameen that we have enough evidence to prove that Nazim was being framed, and told him to our knowledge the president was well aware of what had happened. But the president said he did not know,” Sheikh Imran told hundreds of opposition supporters.

The President’s Office issued a statement today denying Imran’s claim, stating President Yameen had responded to Imran’s allegations of framing, saying he was not aware “whether Nazim had been framed or not.”

Sheikh Imran had asked the president to withdraw charges against Nazim at the 1.5 hour meeting, but President Yameen told the six member Adhaalath Party delegation that he had no constitutional authority to withdraw charges pressed by an independent Prosecutor General following an independent police investigation, the statement said.

President Yameen then instructed Sheikh Imran to join Nazim’s defence team and mount a defence through the court if he had reason to believe Nazim was framed. The President also told Sheikh Imran the matter must be resolved through the courts, the statement continued.

Nazim maintains the pistol and three bullets found in a bedside drawer during a midnight raid were planted by rogue officers. However, the Criminal Court yesterday only called two out of 38 defence witnesses, claiming the witnesses presented by the defence did not appear to negate the prosecution’s claims.

The former Defence Minister alleges Tourism Minister Ahmed Adeeb had planned the set-up following a fallout over Adeeb’s alleged use of police officers to commit crimes, including the chopping down of all of Malé City’s Areca Palms. Both Adeeb and Maldives Police Services have denied the allegations.

Sheikh Imran last night also declared that the opposition would no longer tolerate President Yameen’s “brutality,” Adeeb’s alleged rampant corruption, unfair prosecution of political rivals, and “destruction of public property”.

In response, President’s Office said Imran should file any complaints of corruption with the Anti Corruption Commission.

The Adhaalath Party, Nazim’s family, high ranking Jumhooree Party (JP) officials and opposition Maldivian Democratic Party (MDP) united against President Yameen’s alleged brutality last week.

The Alliance Against Brutality last night warned the government to initiate dialogue with the opposition or face the consequences.

“If [President Yameen] does not come to the [negotation] table, I would say he won’t have any other choice but to go home,” said JP Deputy Leader Ameen Ibrahim.

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Government should initiate discussions or face consequences, warns opposition

The government should initiate dialogue with the opposition or face the consequences, leaders of the “Maldivians against brutality” opposition alliance have warned.

The alliance – which was formed after the opposition Maldivian Democratic Party (MDP) accepted an invitation from religious conservative Adhaalath Party (AP) to form a united front against the government – officially launched activities last night with a 1,000-strong protest march in the capital Malé.

“It is the government that has to come to the discussion table now. When we previously showed a good example, the government did not accept it,” said MDP Chairperson Ali Waheed.

President Abdulla Yameen had previously denied requests by the MDP and Jumhooree Party (JP) alliance to hold discussions over 13 demands issued at a mass rally on February 27.

Last night’s march began near the artificial beach and ended shortly before midnight with protesters gathered at the Chandhanee Magu-Majeedhee Magu junction.

“If [President Yameen] does not come to the [negotation] table, I would say he won’t have any other choice but to go home,” said JP Deputy Leader Ameen Ibrahim.

The JP has not officially joined the new alliance, but its senior leaders are represented at the alliance’s steering committee and took part in last night’s protest march.

Ameen contended that the Maldives’ reputation has been tarnished and credibility lost after President Yameen gathered all powers of the state to himself.

Moreover, the public has lost confidence in both the judiciary and the security services following the conviction of former President Mohamed Nasheed on terrorism charges and the ongoing trial of former Defence Minister Mohamed Nazim on charges of weapons possession.

AP President Sheikh Imran Abdulla meanwhile insisted that Nazim was framed by “high ranking officials by the government.”

“Even though it could not be proven at court, we told Yameen that we have enough evidence to prove that Nazim was being framed and that the president knew about this. However, he denied any knowledge of the case,” Imran said.

He further claimed that the pen drive found at Nazim’s house contained the names of 26 political opponents of President Yameen, whom the government was planning to prosecute and jail.

Former State Trading Organisation (STO) Managing Director Adam Azim – brother of the former defence minister – and former ruling party MP Ahmed Mahloof also took part in the protest march, with the latter acting as the flag bearer at the front.

Imran also declared that the opposition would no longer tolerate President Yameen’s “brutality,” Tourism Minister Ahmed Adeeb’s alleged rampant corruption, unfair prosecution of political rivals, and “destruction of public property”.

The opposition would endure and overcome the government’s “brutality,” he said, adding that the opposition alliance would “not step back once inch” before reaching its goal.

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Criminal Court bars ex-defence minister from calling witnesses

The Criminal Court today admitted only two of the 37 defence witnesses requested in former Defence Minister Mohamed Nazim’s weapons possession trial.

Nazim has previously claimed rogue police officers planted a pistol and three bullets found at his apartment during a midnight raid, but the Criminal Court refused to allow the retired colonel to present witnesses, stating they do not appear to negate the prosecution’s charge.

Defence lawyer Ibrahim Shameel pointed to a 2011 Supreme Court precedent in which the apex court said judges had no authority to refuse to hear witnesses.

In reply, presiding Judge Abdul Bari Yoosuf said: “We know what that verdict says. [But] this court has made a decision.”

State prosecutors and defence lawyers are to present concluding statements at the next hearing on Wednesday. Afterwards, the three-judge panel could issue a verdict at their discretion.

The three judges overseeing Nazim’s case, Judge Yoosuf, Judge Abdulla Didi and Judge Sujau Usman, had convicted former President Mohamed Nasheed of terrorism on March 13 and sentenced him to 13 years in jail over the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein and UN Special Rapporteur on Independent of Judges and Lawyers Gabriela Knaul last week called Nasheed’s sentence unfair, contending the Criminal Court’s refusal to call defence witnesses contravened international fair trial standards.

The Criminal Court tonight also refused to allow Nazim to leave the country for urgent medical treatment, noting doctors had said he could attend court hearings despite his condition.

Lawyer Maumoon Hameed in court last week said Nazim’s condition was life-threatening. The former defence minister was subsequently transferred from the Dhoonidhoo Remand Center to house arrest on the doctor’s recommendation.

SWAT officers “gone rogue”

At today’s hearing, the Criminal Court called Superintendent of Police Abdulla Satheeh and Assistant Commissioner of Police Hussein Adam to the witness stand.

Although judges summoned Chief Superintendent of Police Abdul Mannan Yoosuf, they refused to allow the defence team to ask questions over a possible setup against Nazim.

Meanwhile, Adam, who current heads the police’s Internal Security Command and commands the Specialist Operations (SO) officers, told the Criminal Court that Deputy Commissioner of Police Hassan Habeeb asked him to alert the SO’s SWAT team for a major operation, four days before the raid.

Satheeh, who was the chief investigative officer in Nazim’s case, confirmed the raid was carried out under Habeeb’s commands, and said it was the deputy commissioner who had decided not to arrest Nazim at the scene despite the discovery of dangerous weapons.

Satheeh also corroborated testimony by several anonymous police officers last week that the search team had entered Nazim’s apartment after SWAT officers secured the premises.

Nazim’s lawyers previously claimed SWAT officers, after breaking down Nazim’s door and herding his family inside the living room, spent ten minutes inside the then-defence minister’s bedroom unsupervised before the search began.

Adam noted the police would normally request the Maldives National Defense Force (MNDF) to secure premises before a raid to confiscate illegal weapons and explosive devices.

He also said he was unaware the police were raiding Nazim’s home until the next day, and he had raised the issue with the Police Commissioner Hussein Waheed afterwards. But the police chief said some operations must be kept secret, Adam said.

Satheeh, who also heads the police’s Serious and Organized Crime Unit, said he did not notice police having acted against laws and regulations during the investigation.

The search warrant was obtained after police received information from a credible source, Satheeh said. The information did not come through the police’s intelligence directorate, he said, but the police acted on the information because of the reliability of the source.

State prosecutors in court previously said confidential documents on a pen drive confiscated along with the pistol and three bullets indicated Nazim was plotting to attack President Abdulla Yameen, Tourism Minister Adeeb and Waheed, with the financial backing of opposition Jumhooree Party Leader Gasim Ibrahim’s Villa Group.

But Nazim said the SWAT officers framed him on Adeeb’s orders following a fall-out over his complaint with President Yameen regarding Adeeb’s alleged use of the SWAT team to commit crimes, including the chopping down of all of Malé City’s areca palms.

Police have previously dismissed allegations of framing as “untrue” and “baseless.” Adeeb has also said he was “shocked” by the defence team’s “lies.”

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Detention drove home immensity of President Nasheed’s “sacrifice,” says MDP MP Fayyaz

A 15-day incarceration at the Dhoonidhoo detention centre drove home the immensity of President Mohamed Nasheed’s sacrifices for the sake of democracy, opposition Maldivian Democratic Party (MDP) MP Fayyaz Ismail has said.

The MP for Laamu Gan was arrested during a demonstration on March 6 and held in remand detention after refusing the Criminal Court’s condition for release of not attending protests for 60 days.

“When I came home to my family upon my release, that’s when I realised what President Nasheed had sacrificed before and what he continues to sacrifice,” Fayyaz told Minivan News in an interview today.

People knew of Nasheed’s sacrifices at “an abstract level”, Fayyaz explained, but his own “personal experience” made him realise the hardship the opposition leader has been through.

“Why is he making this sacrifice? For future generations. So we need to do everything we can once again to restore a people’s government,” he said.

Prior to his election in 2008, Nasheed was imprisoned over a dozen times for dissident activities during the 30-year reign of former President Maumoon Abdul Gayoom.

Fayyaz, who lives with his wife and five-year-old daughter, said his detention was the longest period he had been separated from his family.

He added that it was difficult to explain to his daughter why he had been away from home for so long.

“When they are so young, we do not want to tell them the way their authorities is acting is wrong, otherwise they will be prejudiced towards those institutions. So it was very difficult for me to tell her why her father was away for such a long time,” he said.

The MDP has been protesting in the capital every night since Nasheed’s arrest on February 22.

On March 13, the opposition leader was found guilty of ordering the military to “forcibly abduct” Criminal Court Chief Judge Abdulla Mohamed and sentenced to 13 years in prison.

Conditional release

Recalling his arrest and remand hearing, Fayyaz said police had requested the Criminal Court judge to extend his detention.

“Since I had no criminal record, the judge ordered my release with a condition of avoiding participation in protests for 60 days,” he said.

“But I refused to accept that condition. I told them protesting was a right guaranteed to me by the Constitution. When I said so, I think the judge was displeased, and he ordered for me to be locked up for another 15 days.”

Fayyaz noted that under the Constitution, an individual could only be held in custody prior to sentencing if there was either a “danger of the accused absconding or not appearing at trial, [for] the protection of the public, or danger of influencing witnesses or tampering with evidence.”

He questioned how the Criminal Court judge could decide he was “suddenly a danger to the society,” just after ordering his release on the condition of staying away from protests.

He advised others arrested during protests to refuse the conditional release and appeal the court’s decision.

“We believe that the judiciary has also been politically influenced. I do not think that anyone with a good conscience could accept that the judiciary is independent,” Fayyaz said.

“So I think the judiciary’s intention behind these conditions is to discourage protesting.”

Fayyaz also said his detention changed the way he perceived the police and gave him hope. He praised the “professionalism and kindness” shown to him by individual officers at the Dhoonidhoo Detention Center.

He suggested that the issue was with “leaders abusing the system” rather than policemen, who he said were “good people.”

Fayyaz said he had not decided to make a principled stand before appearing before the judge for the remand hearing, adding that the defiance “came naturally.”

“Even in my profession as a lawyer, we are seeing corruption and influence into these things. So in such an environment, we have to protest. If we do not protest today, tomorrow we will not be able to even talk like this,” he said.

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Gasim “economically paralysed,” says JP Deputy Leader

The current government has “economically paralysed” Jumhooree Party (JP) Leader Gasim Ibrahim, its Deputy Leader Ameen Ibrahim has said.

“Even though Gasim has not been put behind prison bars, the government has economically paralysed him,” Ameen said at a press conference of the opposition’s newly formed “Maldivians against brutality” alliance today.

Gasim could not actively participate in opposition activities as the government has “cornered” the tycoon by targeting his businesses, Ameen said.

While the opposition Maldivian Democratic Party (MDP) accepted the Adhaalath Party’s (AP) invitation to form a united front against the government, the JP’s national council is yet to decide whether the party will join the new alliance.

However, Ameen and several other senior JP members have been working with the alliance, claiming their participation was in an “individual capacity.”

Speaking at a press conference yesterday, AP President Sheikh Imran Abdulla accused the government of planning to seize all of Gasim’s assets and making sure he was “unable to move his hands or legs” in his defence.

Meanwhile, in an appearance on Gasim’s Villa TV, MDP Vice President Mohamed on Saturday said Maldivians should not wait and watch while the government destroyed Gasim’s Villa Group.

On March 1, the Maldives Inland Revenue Authority (MIRA) gave a 30-day notice to Villa Group to pay US$100 million allegedly owed as unpaid rent and fines.

Moreover, in February, the tourism ministry seized several islands and lagoons leased to Villa Group as part of an out-of-court settlement.

MDP-JP alliance

After officially leaving the ruling coalition in January, the JP formed an alliance with the MDP in January and launched nightly protests on February 10 against what they alleged were repeated violations of the constitution by President Abdulla Yameen’s administration.

Gasim himself and other JP leaders took part in the protests, which culminated in a mass rally on February 27.

Following former President Mohamed Nasheed’s arrest on February 22 ahead of a surprise terrorism trial, Gasim called on the Prosecutor General to withdraw the “politically motivated charges” and vowed to continue protests.

However, after failing to return from a trip to Sri Lanka to attend the February 27 protest march, Gasim has not appeared in opposition protests. He has also not made any public statements since a meeting with Home Minister Umar Naseer on March 5.

Villa Group is one of the largest companies in the Maldives with the holding company Villa Shipping and Trading Pvt Ltd conglomerate operating businesses in shipping, import and export, retail, tourism, fishing, media, communications, transport, and education.

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Maldives will “emerge victorious over adversarial states,” says President Yameen

The Maldives will “emerge victorious over adversarial states,” President Abdulla Yameen has declared, slamming alleged foreign interference in domestic affairs following the conviction of former President Mohamed Nasheed on terrorism charges.

Addressing supporters at a Progressive Party of Maldives (PPM) rally last night, President Yameen reiterated that exercising authority over either the Prosecutor General or the judiciary would threaten constitutional separation of powers.

“God willing, God Almighty will grant us just rulers. And God will grant our state the courage to remain steadfast in Islam and the guidance of Islam. And God willing, we will emerge victorious over adversarial states,” Yameen concluded his remarks by saying.

“We are on the righteous path. We will not go astray. God willing, no matter how small, this Maldivian state will have the courage to hold fast to Islamic guidance.”

President Yameen’s remarks follow international concern over the lack of due process in the rushed trial of the opposition leader. Nasheed was found guilty of ordering the military to “forcibly abduct” Criminal Court Chief Judge Abdulla Mohamed in January 2012 and sentenced to 13 years in prison.

Yameen went on to say that other countries believed the Maldives does not enforce the law, “but we are telling those states that the law is enforced in the Maldives the same as it is in those states.”

Cases were tried through independent courts and sentences were implemented after an appeal process, he added.

Trials should be conducted swiftly to ensure justice, he continued, claiming that terrorism cases involving up to 1,500 defendants were completed in 48 hours in England.

“We don’t go criticising the mechanisms there. And we don’t request getting into the courtrooms there,” he said.

“But when it’s the Maldives, because we are a small country, [they] want to meddle in everything we do. No. That day is in the past. The Maldives, this Maldivian state, will no longer give room for that.”

By calling on the president to release Nasheed, Yameen said both the opposition and foreign parties were inviting the president to commit an “impeachable offence”.

The president was not responsible for either the PG’s decision to prosecute or the court’s verdict, he said.

Exercising oversight over the PG was the task of parliament’s Independent Institutions Committee, he continued, questioning why opposition MPs have not summoned the PG so far.

The president ordering the PG not to prosecute or withdraw charges in a specific case would amount to “obstruction of justice” and violation of the constitution, Yameen said.

Related to this story:

Nasheed’s terrorism trial “a mockery” of Constitution, verdict “may have been pre-determined,” says Knaul

UN human rights chief expresses strong concern over “hasty and apparently unfair” Nasheed trial

US, EU, and UK concerned over lack of due process in Nasheed trial

Respect Criminal Court verdict, says President Yameen

Former President Nasheed found guilty of terrorism, sentenced to 13 years in prison

Foreigners cannot meddle in domestic affairs, declares President Yameen

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Maldives human rights watchdog under siege

The Human Rights Commission of the Maldives (HRCM) has slammed the judiciary for compromising its independence, describing the Supreme Court’s suo moto proceedings over a submission to the UN Human Rights Council as the biggest challenge the watchdog has faced in its 11-year history.

In its 2014 annual report, the independent commission noted the Supreme Court and the Juvenile Court accused the HRCM of making false allegations in the Universal Periodic Review and a confidential report into a 15-year-old rape victim’s flogging sentence.

The Supreme Court and Juvenile Court’s charges affected the commission’s independence and ability to carry out its mandate, the report said.

The controversial suo moto regulations allow the Supreme Court to initiate proceedings, prosecute and pass judgment. The first case of its kind, in March 2014, saw the apex court sack the Elections Commission’s President and Vice President for contempt of court.

Jumhooree Party (JP) MP Ali Hussein said the judiciary’s “harassment of HRCM” was an indication of the “extraordinary levels of judicial activism in the country.”

“The judiciary is acting outside its boundaries, it is annulling laws, making laws, dismissing members of the independent commissions. The judiciary needs to be restrained immediately. But there is no way to hold them accountable.”

Judges must be educated and sensitised to human rights, fundamental norms and best practices in a democratic society, he continued.

However, lamenting President Abdulla Yameen’s decision to appoint disgraced Supreme Court Judge Ali Hameed to the judicial watchdog Judicial Services Commission (JSC), Ali said judicial reform was only possible through a long hard people’s struggle.

Hameed was implicated in a series of sex tapes involving foreign women, but the police have closed the investigation citing non-cooperation from the judge, according to media reports. The JSC subsequently refused to take action against Hameed.

Meanwhile, parliamentary group leader of the ruling Progressive Party of the Maldives (PPM), Ahmed Nihan, said the People’s Majlis must play a key role in mediating the conflict between the HRCM and the judiciary to ensure the commission’s independence.

The majority leader described the dispute as “a teething trouble in a nascent democracy,” and said the HRCM must continue to exist as “a pillar of multi-party democracy.”

The opposition Maldivian Democratic Party (MDP) agreed the responsibility for ensuring HRCM’s independence rested with parliament, but said the PPM-dominated Majlis had no regard for the independence of the state’s watchdog bodies.

MDP MP Eva Abdulla also accused ruling party MPs of harassing human rights commissioners through the parliament.

The five members of the HRCM were summoned separately to the Majlis last week and questioned in a closed-door meeting regarding the commission’s statement condemning the Criminal Court’s 13-year sentence on former President Mohamed Nasheed.

The HRCM on March 14 expressed concern over apparent lack of due process in the opposition leader’s trial, and said the Criminal Court had failed to respond to a request to monitor court proceedings.

Eva also noted increasing threats against the HRCM, most recently that of a group of angry men on February 24 entered the commission’s officers and threatened to harm the five commissioners following a statement condemning the police’s mistreatment of Nasheed ahead of a hearing on February 23.

HRCM Vice President Ahmed Tholal meanwhile received threatening calls and messages after the police claimed he had called them “baagee” or traitor on February 22. The police have since withdrawn the claim.

The Supreme Court’s suo moto case is still pending “like a sword hanging over the HRCM,” Eva said.

The MP for Galholhu North also concurred with JP’s Ali Hussein, stating the judiciary should be held answerable through the JSC.

“We must end this judicial dictatorship. Within the People’s Majlis we must ensure the JSC fulfills its mandate. And above all, appoint qualified judges to the judiciary,” she said.

The HRCM in its report said the judiciary faced the most number of challenges in protecting human rights in 2014. The commission also expressed concern over the sudden dismissal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan in December.

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