Hundreds urge Criminal Court to release Nasheed’s court proceedings

Hundreds of opposition Maldivian Democratic Party (MDP) supporters today urged Criminal Court Chief Judge Abdulla Mohamed to release a transcript of court proceedings necessary for the appeal of former President Mohamed Nasheed’s 13-year jail sentence.

In a letter to Judge Abdulla, over a hundred signatories noted the ten-day appeal period would expire on Monday, March 23, and urged the court to release court proceedings without further delay.

The High Court subsequently informed Nasheed’s lawyers that the appeal period would expire on March 26 (Thursday).

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.

Speaking to Minivan News today, Nasheed’s lawyer, Hassan Latheef, said the Criminal Court had only provided a summary of the judgment, and said the full court proceedings were necessary for a strong appeal.

Latheef said the High Court’s decision to discount weekends in the new appeal period demonstrated the judiciary’s extraordinary treatment of Nasheed’s case.

The Supreme Court in January issued new regulations reducing the maximum period of appeal from 90 days to ten days. On March 5, in an announcement online, the Supreme Court said the ten day appeal did not include weekends or the day the verdict was issued.

The MDP has previously accused the Criminal Court of deliberately thwarting Nasheed’s attempts to launch an appeal. Meanwhile, the legal team in a statement last week noted the Criminal Court contravened the Supreme Court’s appeal regulations by providing the judgment summary a week late.

Speaking to Minivan News today, MDP MP Eva Abdulla said the possibility of the judiciary providing Nasheed adequate time to prepare an appeal seemed “unlikely, to say the least.”

Eva, MDP MP Ahmed Falah and Independent MP Ahmed Mahloof led the group delivering the letters to the Criminal Court. The crowd set out from the MDP offices towards the Criminal Court at noon, but were blocked at the President’s Office and the Supreme Court.

MP Falah rubs wrists after being handcuffed
MP Falah rubs wrists after being handcuffed

Police detained Falah in a scuffle near the President’s Office. He was handcuffed and taken to the Police HQ, but was immediately released.

When the group reached the Criminal Court, they were pushed behind barricades in a narrow alleyway and police escorted each letter bearer separately into the Justice Building.

After submitting his letter, 27-year-old Shammoon Jaleel said he did not believe justice was possible in the Maldives at present and he had also put a suggestion into a suggestion box at the Criminal Court asking the judiciary to “tear down the justice building and build a park there.”

Shimla Adam, 45, pointed out Nasheed’s legal team did not have enough time to review court proceedings and lodge an appeal even if the Criminal Court provided the report today.

“I do not think President Nasheed will get any justice. I have no hope of things getting better in this country,” she said.

President Abdulla Yameen has previously called on all parties to respect the Criminal Court’s verdict, stating Nasheed had “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

UN rights experts Knaul and Zeid have called on the Maldives to allow international observers including jurists to attend Nasheed’s appeal hearings.

This article was amended to include a statement by the Supreme Court which said the appeal deadline does not include weekends or the day a verdict is issued. 

 

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Ex-defence minister’s brother urges police to disobey police chief

Former Defence Minister Mohamed Nazim’s brother last night called on Maldives Police Services to disobey unlawful orders issued by Commissioner of Police Hussein Waheed.

Speaking at the opposition Maldivian Democratic Party’s (MDP) nightly demonstrations, Adam Azim suggested Waheed was responsible for ordering brutality and unlawful actions against the public, and said individual police officers would ultimately pay the price.

“I am advising the Maldives Police Services, your leaders will make you do wrong. Areca palms will be cut. They will make you raid people’s homes. They will make you arrest people unlawfully. They will force you to be brutal towards your own people. Then Hussain Waheed and his associates will run off and hide,” he said at a first appearance at an opposition protest.

Nazim is currently under house arrest, standing trial for smuggling illegal weapons. The former defence minister claims the pistol and three bullets police discovered at his home during the January 18 raid were planted by Specialist Operations (SO) officers on the orders of Tourism Minister Ahmed Adeeb.

The retired colonel was subsequently dismissed, and arrested on February 10 on additional charges of terrorism and treason. Azim, who was the Managing Director of State Trading Organization (STO), was also dismissed from his position on March 9.

Nazim said Adeeb had engineered the setup after he spoke out against police SWAT officers chopping down all of MalĂ© City’s areca palms in October. The tourism minister has since dismissed the allegations.

State prosecutors in court last week said documents on a pen drive confiscated along with the weapons suggested Nazim was plotting to harm President Abdulla Yameen, Waheed and Adeeb with the financial backing of opposition Jumhooree Party (JP) Leader Gasim Ibrahim’s Villa Group and STO.

The MDP and former ruling coalition partner JP formed an alliance “in defence of the Constitution” at the same time as the police raid on Nazim’s home. Since the former defence minister’s arrest on February 10, the opposition has held nightly demonstrations.

MDP leader and former President Mohamed Nasheed was arrested on February 22, swiftly brought to trial on terrorism charges and sentenced to jail on March 13. Azim first appeared at an opposition rally on Thursday night, where he praised Nasheed, and called on the government to release all “political prisoners.”

Speaking last night to a crowd of hundreds outside the Maldives National Defence Force’s (MNDF) Kalhuthukkala Koshi (KK), Azim urged security forces to be cautious in following their superior’s orders, stating: “We know a lot of things that Hussein Waheed is responsible for.”

Azim last night also warned Waheed he would be penalised for his role in allegedly framing Nazim.

“You do not have much protection either. There will come a day when you lose your position. We will make sure of it,” he said.

“When you have status, honour and power what you are supposed to do is serve for the people with honour, pride and respect. Not brutalising your people!” he added.

Following Nazim’s arrest and trial, several key regime supporters – including MP Ahmed Mahloof and Adhaalath Party President Sheikh Imran Abdulla – have joined the opposition under the banner “Maldivians against brutality.” Defectors have accused Adeeb of corruption, links with organised crime and gangs, and intimidation of political rivals.

Mahloof at an opposition rally on Thursday night said Adeeb bought a US$80,000 BMW and$100,000 ring for the first lady on her birthday, which he said demonstrated President Yameen encouraged embezzlement of state funds.

Adeeb, at a press conference yesterday, hit back saying Mahloof was being paid to make false allegations. The MP had also failed to pay back loans borrowed from close business associates, the tourism minister alleged.

Nazim’s family, meanwhile, requested the former defence minister be flown abroad for urgent medical care. At a hearing on Thursday, lawyer Maumoon Hameed said Nazim had a life threatening medical condition.

He was recently transferred from police custody at the Dhoonidhoo Island detention centre to house arrest for health reasons.

The former defence minister played a key role in MDP leader and former President Mohamed Nasheed’s resignation half-way through his term on February 7, 2012.

Photo by @adamadeem on Twitter 

 

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Ruling coalition to celebrate by-election victories with fireworks

The ruling coalition is planning to celebrate Saturday’s council by-election victories with fireworks in MalĂ© tonight.

The fireworks display is due to take place around 8:30pm at the artificial beach.

According to provisional results from the Elections Commission, Progressive Party of Maldives (PPM) candidate Abdul Mufeed won the by-election in Haa Alif Muraidhoo for a vacant seat on the island council with 208 votes (45.41 percent) whilst his closest contender, independent candidate Mohamed Fuwad, received 143 votes (31.22 percent).

Opposition Maldivian Democratic Party (MDP) candidate Aishath Visama received 107 votes (23.36 percent).

In the contest for the Meedhoo constituency seat on the Dhaalu atoll council, Maldives Development Alliance (MDA) candidate Mohamed Mamdhooh secured 997 votes (60.94) against MDP candidate Salim al-Sabah with 639 votes (39.06 percent).

The Meedhoo constituency is represented in parliament by MDA leader and resort tycoon, MP Ahmed Siyam Mohamed.

Voter turnout was 70.25 percent in Meedhoo and 80.56 percent in Muraidhoo.

Speaking at a press conference last night following the announcement of the by-election results, Tourism Minister Ahmed Adeeb declared President Abdulla Yameen would win re-election in one round of voting in 2018.

Adeeb said the victories for PPM and coalition partner MDA candidates showed the government’s support was not 25 percent as the opposition claims.

A majority of the public was behind the current administration and supported its policies, he suggested.

“We will show results through the ballot box,” said the PPM deputy leader, condemning the opposition’s ongoing nightly anti-government demonstrations.

After former coalition partner Jumhooree Party (JP) withdrew support for the government and formed an alliance with the MDP last month, the opposition has contended that the current government lacks legitimacy and does not have a popular mandate to govern.

In the cancelled first round of the 2013 presidential election, PPM candidate Yameen polled 25 percent.

After polling 29.72 percent in the first round re-vote, Yameen won the second round run-off against former President Mohamed Nasheed after the JP decided to form a coalition with PPM.

JP Leader Gasim Ibrahim finished third place in the re-vote with 23.43 percent and endorsed Yameen after initially declaring he would remain neutral.

Adeeb meanwhile noted last night that the ruling coalition won the recent by-elections after the JP left the coalition.

Street protests could neither produce results nor weaken the government, he said.

The nightly protests were also adversely affecting local businesses and causing disruptions in the capital, he added.

Adeeb also slammed former ally Adhaalath Party (AP) for joining the opposition campaign, contending that its leaders have “betrayed” the religious conservative party’s members.

“GMR is now OK, Denmark is also OK [for AP leaders],” he said, referring to AP President Sheikh Imran Abdulla spearheading nationalistic protests calling for the cancellation of the Indian infrastructure giant’s agreement to manage the international airport and the party’s allegations that former President Mohamed Nasheed pursued anti-Islamic policies.

At a press conference last week, Adeeb said the AP’s leaders have made “a career” out of toppling governments.

Adeeb also claimed that the ruling coalition has won six out of eight by-elections held since the 2013 presidential election. However, 12 council by-elections have been called since the presidential poll, half of which were won by opposition candidates.

In several by elections, opposition candidates won by default as the ruling coalition did not field candidates.

If there’s an election, it’s won by PPM or MDA. Therefore, we must have fireworks in MalĂ© tomorrow, PPM PG Leader Ahmed Nihan said. 

All are invited. We secure results from the ballot box, a PPM supporter said.

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US$40,000 stolen from Ocean Travels’ office

Over US$40,000 (MVR616, 800) was stolen during a break-in at the offices of Ocean Travels, at the State Trading Organisation trade centre on Thursday night (March 19).

The robbery was reported on Friday night. No arrests have been made yet, the police said.

“They found out their safe was broken into when they opened the office,” said police.

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Comment: Getting away with murder

This article first appeared on DhivehiSitee.

In the early hours of this morning a 24-year-old Bangladeshi waiter, Shaheen Mia, was brutally murdered at a Male’ cafĂ© he was working in. A group of masked men stabbed him to death. The day before, on the island of Mundoo in Laamu Atoll, another young man, 29-year-old Ali Ziyadham, was knifed to death allegedly in an argument among a group of men who were drinking home brewed alcohol.

Last month, on 22 February, a 24-year-old was murdered outside his home in Male’, he was almost decapitated. In January, in the island of Vaavu Rakeedhoo, a three-year-old boy was beaten to death by his mentally ill mother, herself a victim of sexual abuse over a long period of time.

All in all, since November 2013, there have been 12 murders and three abductions in the Maldives. Few have received justice.

Ex-Defence Minister Mohamed Nazim was fired on 20 January. Police raided his home in the middle of the night and ‘found’ weapons. Charged first with conspiracy to overthrow the government and later with importation of weapons into the country, he was remanded in custody. Before being imprisoned Nazim gave a press conference in which he said, ‘no Maldivian citizen will have safety and security.’ He could not have made a truer statement. Law and order are now non-existent in the once peaceful islands.

Just a short decade or so ago, a murder in the Maldives was a rare occasion that got the whole country talking. Back in the early 1970s, a German tourist killed his girlfriend in a Male’ guesthouse. Throughout the eighties and well into the 1990s, Maldivian people still spoke of the murder in hushed tones—killing was such a rare occurrence that people could not forget even the smallest details about the event. Today, killing is so common it is hard to remember who, when or why.

The blame must be taken squarely by the failed criminal justice system of the Maldives. Investigations are set to fail—often deliberately—at all stages: the police never seem to find evidence; when they do, they charge the wrong person; or when the right person is charged, the courts release them for ‘lack of evidence’ or wrongfully obtained evidence, or to teach the government a lesson. In 2011 Judge Abdulla Ghazee, whose continued releasing of violent offenders had made him a national security threat, released a suspected murderer, Shahum Adam, to teach the Health Ministry a lesson. He went on to kill again.

In the year that followed Ablow Ghazee’s release from custody on 7th February 2012, after Mohamed Nasheed was deposed on the pretext of having acted unconstitutionally by having the lawless judge taken into military custody, there were nine murders.

The first was of 21-year-old Abdulla Muheeth (Bobby), killed by gangs in what turned out to be a case of mistaken identity. On the night he was killed, there were three other violent attacks in Male’. Muheeth’s killers are awaiting the death penalty. Less than a month after Muheeth’s death, 33-year-old Ali Shifan was attacked and killed by two men on a motorbike in Male’. The next victim was a 75-year-old woman, Fathimath Zakariyya, attacked and killed in her own home on the island of Neykurendhoo; the next a 65-year-old man, Hassanbe, on the island of Maafaru, also attacked and killed in his own home; he was followed by a 16-year-old schoolboy, Mohamed Aruham, attacked and killed while sleeping on a park bench in Male’; 65-year-old lawyer Ahmed Najeeb came next, killed and thrown into a garbage bin; he was followed by a 26-year-old policeman, attacked and killed while on duty on the island of Kaashidhoo; then came the murder of 46-year-old MP Afrasheem, brutally attacked just outside his own apartment; followed by Moneerul Islam, a Bangladeshi worker, also killed in his own home in November 2012.

There was a drop in the number of killings after that, with three in total in the year 2013 – one in March, in July and in December of that year. In 2014, however, the number of killings went up again—five lives were taken violently that year. In 2015, only in its third month, this morning’s murder of Shaheen Mia is the year’s fourth.

The police are not doing their job of law enforcement, and of protecting and serving the community. As observers have pointed out, their main focus seems to be on the political rather than the criminal.

Hundreds of policemen and women are deployed to man every peaceful protest; a flurry of press releases and media briefings precede and follow any demonstration; and dozens are taken into custody from each of them. The gangs that operate on the fringes of these protests, meanwhile, get away with throwing crude oil, chilli water and even petrol at the demonstrators; and with attacking them physically. The only purpose of the police seems to be to stifle opposition to the government, to enforce the government’s power, and to keep people from rising up against it.

The current Home Minister, Umar Naseer, competed in the PPM primaries as a presidential candidate in the 2013 election. He lost to the incumbent president Abdulla Yameen Abdul Gayoom. According to Umar, Yameen rigged the primaries to win. In the subsequent fallout, he alleged that Yameen has deep connections with the gangs of Male’; and also that the President was connected to the murder of MP Afrasheem Ali.

Once made the Home Minister in Yameen’s government, however, he has gone silent on whatever it is that he knows about the president and his gangs. Not only is he silent on Yameen’s alleged criminal activities, but also on any criminal activity. He is Home Minister in name only, his wings cut and vocal chords either bought or being held to ransom. He has no power over the police either. This week, he resorted to issuing orders to the police through Twitter, so powerless is he.

More recently, former PPM MP Ahmed Mahloof who has now been kicked out of the party, has come up with similar allegations of Yameen’s criminality. He implicates Yameen’s right-hand man in government, Tourism Minister Ahmed Adeeb, of being as closely connected with the gangs of Male’ as Umar accused Yameen of being. According to Mahloof, Adeeb knows what happened to journalist and blogger Ahamed Rilwan, abducted at knifepoint from outside his home in August 2014. Pictures of Yameen and Adeeb with members of Male’s various gangs are everywhere. Pictorial evidence shows Adeeb’s connections with gangs exist not only at the local level but also the international – he posed shamelessly with the notorious Artur brothers from Armenia, implicated in arms and drugs smuggling worldwide.

The fact is none of these people with information—Nazim, Umar or Mahloof—are willing to share what they know with the public. It may be because the information is their only bargaining tool, it could be what keeps them alive. According to what Nazim has been revealing in his sham trial, police acts as thugs when commanded by Adeeb, Yameen’s proxy. In October 2014, a group of masked men wielding machetes cut down the areca nut palms lining Male’s main streets. The perpetrators were never identified by the police. According to recent revelations by Nazim during his on-going trial, it was the Special Operations police, pretending to be gang members who committed the crime. Rumour has it that Yameen suspects the trees have been used to put a curse on him using black magic.

The police are also implicated in enabling, and the cover-up of Afrasheem’s murder—they were on duty, closing the roads to his home when the murder occurred. Did they let the killer in, then closed off the road so there would be no witnesses? The public widely suspects they had a role in the abduction of Rilwan. An eyewitness to his abduction called the police immediately after seeing a man being bundled into a car at knifepoint from outside Rilwan’s apartment on the island of HulhuMale’. They did not respond, and never publicised the event allowing Rilwan’s disappearance to go unknown for days. They are still deliberately neglecting the investigation, hiding, obfuscating, impeding any progress. In the killing of Ziyadham on the island of Mundoo on Friday night, according to local media, people reported unrest to the police repeatedly, suspecting something was about to go very wrong. The police did not respond, arriving on the island hours after the killing despite having hours to have prevented it from happening. Less than an hour ago, in response to the latest killing, the police have told local news outlet cnm.mv that it ‘believes’ all citizens are safe.

A deadly mixture of deliberate collusion with violent gangs, the country’s incompetent law enforcement authorities, and the unqualified corrupt judiciary, has made life in the Maldives hell for its inhabitants.

This government is an utter failure on every level. Yet, half the people are fighting to keep it, and the judiciary, in place.

Dr Azra Naseem has a PhD in International Relations

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected].

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Saudi Arabia assured loan assistance for airport development, says Dr Shainee

Saudi Arabia has assured loan assistance at a low interest rate from the Saudi Fund to develop the Ibrahim Nasir International Airport (INIA), Minister of Fisheries and Agriculture Dr Mohamed Shainee has revealed.

Speaking to reporters at the airport yesterday after accompanying President Abdulla Yameen during a state visit to the kingdom, Dr Shainee said Saudi Arabia has offered a lower interest rate than other parties the government has approached.

“They have indicated they would give us a loan with about two percent [interest],” he said.

A Maldivian delegation would depart for Saudi Arabia in the next week for further discussions, he added.

Last month, the government revealed that the estimated cost of the INIA development and expansion project was US$845 million. The government had previously announced it was seeking a US$600million loan from China and Japan for airport development.

While a project for building a second runway has been awarded to Chinese Beijing Urban Construction Group (BUCG), development of the airport terminal was awarded to Japanese Taisei Corporation.

61324_7af2b0d2-b_President Yameen meanwhile told journalists that several bilateral agreements between Saudi Arabia and Maldives would be signed in the next two months.

The Maldives sought assistance in various fields, such as education, health, and foreign investment, Yameen said, and “constructive” discussions took place with government ministers during the visit.

During the state visit – made at the invitation of the Saudi king – President Yameen met the Saudi Arabian ministers for education, defence, petroleum and mineral resources, and finance.

The Saudi Arabian government has pledged 150 scholarships for Maldivian students to pursue higher education in Saudi institutions, he noted, stressing that relations between the countries have been significantly strengthened as a result of the visit.

Reject “foreign interference”

A joint communique issued on March 18 noted that President Yameen “held talks with the Custodian of 61346_742a4339-6_the Two Holy Mosques King Salman bin Abdulaziz Al-Saud in an amicable atmosphere that reflected the bonds of brotherhood that unite the two countries and the excellent relations between them.”

“The two sides confirmed their intentions to continue fortifying their bilateral cooperation in all fields including foreign affairs, defence, Islamic affairs, judiciary, economy, commerce, investment, education, and health for the purpose of accomplishing their common interests and providing support to the issues of the Muslim nation, while rejecting any foreign interference in their internal affairs,” read the communique.

“To this end, the Kingdom of Saudi Arabia has agreed to open an embassy in the Republic of Maldives.”

It also stated that the two sides agreed to increase “their commercial exchange while expanding and enhancing investment between the two countries and extending invitations to their respective private sectors to explore the available investment opportunities in both countries.”

“The Saudi Fund for Development will continue to finance the development projects in the Republic of Maldives and will consider participating in the expansion of MalĂ© airport and beache preservation in HulhumalĂ©,” it added.

President Yameen meanwhile “emphasised that the Kingdom of Saudi Arabia is the primary partner of the Republic of Maldives.”

Islamic Minister Dr Mohamed Shaheem Ali Saeed told the press that the Saudi government has agreed to increase the Maldives quota from 1,000 pilgrims at present to 2,000 next year.

President Yameen also requested a plot of land in Mecca to construct a hotel for Maldivian pilgrims, Shaheem revealed, the Saudi government agreed to allocate land.

Moreover, the Saudi government would assist with the establishment of an Islamic University in the Maldives, he added.

King Salman asked for an agreement to be signed between the Maldivian Islamic ministry and the Saudi counterpart in order to provide assistance in Islamic affairs, Shaheem said.

The communique also noted that the “two sides have agreed to finalise the procedures leading to the signing of an agreement in Islamic affairs between the two countries.”

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MDP carries out nationwide “Maldivians for justice” protests

The opposition Maldivian Democratic Party carried out protests across the country on Friday under the banner “Maldivians for Justice,” calling for the release of former President Mohamed Nasheed.

Demonstrations took place from Haa Dhaalu Kulhudhufushi and Raa Meedhoo in the north to the Addu City in the south. Hundreds of supporters in capital Malé offered a special prayer at the Islamic Center after Friday prayers, and thousands participated in a protest march at 9:30pm.

Speaking at an opposition march for the first time, MP Ahmed Mahloof said: “Former President Nasheed is loved by thousands of Maldivians and his jailing will not bring any gain to President Yameen.”

The MP for Galolhu South was expelled from the ruling Progressive Party of Maldives for allegedly defaming President Abdulla Yameen.

Mahloof accused the government of prosecuting the opposition leader as well as former Defence Minister Mohamed Nazim in a conspiracy to eliminate political opponents.

He also praised MDP MP Ismail Fayyaz, who was arrested from a protest and is being held in remand detention after he refused to accept the Criminal Court’s condition of not participating in protests for 60 days.

A motorcycle rally took place in Kulhudhufushi in the afternoon, whilst hundreds wearing black gathered for a rally at the Feydhoo harbor in the southernmost Addu City.

Earlier in the day, hundreds of MDP supporters participated in a special prayer outside the Islamic Centre after Friday prayers.

“Brutality reigns in our country. Justice abolished. O Allah! May our country be saved from the brutality of our rulers, and may we be taken to safer shores,” the prayer stated.

“Our beloved leader, a man loved by a majority of us, Mohamed Nasheed, has been unjustly sentenced and imprisoned. He has suffered and continues to suffer. O Allah! Save Mohamed Nasheed from this brutality.”

The prayer gathering prompted Home Minister Umar Naseer to call for police action against usng mosques and surrounding areas to “make political statements.”

The MDP condemned Naseer’s “warning” in a statement today, describing the tweet as “shocking.”

“Mosques are used for worship and prayer. The acts of brutality in the Maldives are prohibited and praying to be saved from such acts is encouraged in Islam. We see interfering with citizens of a Muslim country’s praying and threatening them as this government’s brutality getting to a whole new level,” read the statement.

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

Three anonymised police officers provided testimony with serious contradictions last week in former Defence Minister Mohamed Nazim’s trial on weapons possession charges.

The three officers were part of a search team during the controversial midnight raid on Nazim’s house on January 18. Their testimony indicated the Maldives Police Services did not follow stringent police regulations in conducting the search.

The search team did not videotape the raid as required, and provided conflicting testimony on whether mandatory photographs were taken. One witness said photos were only taken of the illegal weapons, while a second witness said photographs were taken from the moment the raid began.

Nazim — accused of smuggling illegal weapons — maintains he was framed by rogue SWAT police officers on the orders of Tourism Minister Ahmed Adeeb.

The three officers said they entered Nazim’s apartment after masked SWAT officers broke down the then-defence minister’s door. Nazim’s wife and two daughters were inside the apartment’s living room with the officers at the time, they said.

Police claimed to have discovered three bullets and a pistol in a black bag in a bedside drawer during the raid. Nazim was subsequently dismissed and arrested on additional charges of treason and terrorism.

If convicted of smuggling weapons, the retired colonel faces a jail term between ten and 15 years.

State prosecutors have now concluded summoning witnesses. A total of six individuals testified in four hearings last week. They included five police officers and one Maldives National Defence Force (MNDF) officer.

The defence is to call witnesses at the next hearing on Sunday.

Police procedures

The Criminal Court held four hearings on March 17, 18 and 19. Nazim’s defence team questioned the three anonymised police witnesses on procedures followed during raid, search and chain of custody in evidence.

At the March 17 hearing, the chief Investigative Officer (IO) said he had sought a court warrant to search Nazim’s apartment building, Galholhu Enif, on his superior’s orders.

Intelligence information indicated weapons were kept either on the seventh or eighth floor, he said via telephone. The search team entered Nazim’s apartment ten to 15 minutes after SWAT officers entered the apartment and secured the premises, he said.

The police team searched Nazim’s bedroom first, in his presence, when the weapons were discovered, he said. Police officers searched all of Nazim’s apartment and a second apartment on the eighth floor, but did not search the seventh floor, he said.

The IO said Nazim had fully cooperated with the search. The police did not keep a record of observations in a special notebook or issue a list of items confiscated from the former defence minister’s home as per regulations, the cross-examination revealed.

One anonymised witness on March 18 said the search team did not check the ceiling, while the second said the team brought in a chair to check the ceiling and cupboards.

The legal team had previously claimed that the items found at Nazim’s house were planted by the police, saying that officers spent ten minutes inside Nazim’s bedroom unsupervised before the search began. Police have called the claims “untrue” and “baseless”.

On March 19, state prosecutors summoned Sub Inspector Ameen Abdul Gayoom regarding a forensic digital analysis report of a pen drive confiscated from Nazim’s apartment along with the weapons. The state has previously said documents on the pen drive indicate Nazim was plotting to harm President Abdulla Yameen, Commissioner of Police Hussein Waheed and Tourism Minister Ahmed Adeeb.

Journalists and observers were barred from the defence’s cross-examination of Gayoom due to the confidential nature of the documents on the pen drive.

Prosecutors then summoned MNDF First Lieutenant Mohamed Nazeem to prove the pistol and bullets were functioning. Nazeem said the a weapons expert had fired the pistol in his presence, but they had not tested the bullets. However, a visual inspection shows the bullets were not dummy rounds, he said.

Defence lawyers have named President Yameen, Commissioner Waheed, Chief of Defence Forces Major General Ahmed Shiyam, Home Minister Umar Naseer and several senior ranking police and military officers as witnesses to prove charges were fabricated in a conspiracy engineered by Adeeb.

The Criminal Court said the court would summon defence witnesses only if they appear to negate the prosecution’s evidence.

On March 7, lawyer Maumoon Hameed claimed Adeeb framed Nazim after the former defence minister alerted President Yameen of the tourism minister using SO SWAT officers to commit criminal acts, including the chopping down of all of MalĂ© City’s areca palms in October last year.

The tourism minister has said he was “shocked” by the allegations, and has dismissed accusations as lies.

Defence lawyers have also called Superintendent of Police Ahmed Nafiz and former head of police’s intelligence directorate, Mohamed ‘MC’ Hameed, to prove a complaint was lodged over SO officer’s alleged criminal activities, and that SO officers had engaged in criminal activity.

The defence has also called senior ranking police and military officers to prove that a Special Protection Group Corporal had lost a 9mm Browning pistol at Shangri-La resort in 2014, that police officers did not follow due process in raiding and searching Nazim’s residence, and that police intelligence had not received any information that illegal weapons were smuggled into MalĂ© prior to the raid.

The MNDF promptly dismissed allegations of missing weapons.

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Comment: Imprisoning of former president casts doubt on judiciary

This article first appeared in The Times on March 19. 

The Maldives’ tourist board continues to beam its slogan “the sunny side of life” through calls to boycott the islands over the recent 13 years’ imprisonment of former President Mohamed Nasheed, the first democratically elected President. Richard Branson tweeted that this latest action by those in power had gone “beyond a joke”. A joke legal system is not funny.

Educated in the UK, Mr. Nasheed’s stated and largely executed aims are introducing and enforcing fundamental rights in compliance with international law. He was attempting to drive the Maldives into a democratic structure after the 30-year dictatorship of Maumoon Abdul Gayoom. The current Constitution was enacted on 7 August 2008, the State’s first ever multi-party presidential elections with international pre-requisite rights took place between October 2008 and 9th May 2009.

On 5th February 2011 the Maldives held its first ever multi-party local elections as required under the Constitution and newly enacted Decentralization Act. In 2009 former President Nasheed addressed issues of press freedom so as to raise the Maldives out of a ranking of 129 out of 169 countries to 51/52. He became a global leader against climate change and his charisma on the world stage led to David Cameron, in an interview in November 2011, describing him as “my new best friend”.

The former President also made unpopular attempts at judicial reform including entrenching judicial independence in the Constitution. Many Judges in the Maldives are poorly educated with no legal training, including those who ultimately tried and convicted the former President. In a preliminary statement, following hearings in 2012, the UN Human Rights Committee stated that it is “deeply concerned about the state of the judiciary in the Maldives” and “the state has admitted that this body’s independence is seriously compromised.

Mohamed Nasheed lost power on 7 February 2012 in an alleged coup. In April 2013, the former President was charged with abusing his powers through the unlawful arrest and island detention of Chief Judge Mohamed Abdulla on 17 January 2012. This charge was withdrawn on 16th February 2015 but then in a surprise move, re-emerged on 22nd February 2015, based on the same allegation, as a terrorism charge.

The Former President was taken from his home on that date and detained in Dhoonidho prison, an institution with inglorious association with torture.

The accusation of the detention of a Judge is a serious matter but the underlying narrative cannot be ignored. In early 2012, the former President was fighting to hold power and stability. The Maldives was aflame with language of incitement against the former President and his reforms. There were even calls to arrest and flog the former UN High Commissioner for Human Rights, Navi Pillay after she had suggested in Parliament that punishment by flogging should be reviewed (in line with the International Covenant of Civil and Political Rights). The Maldives Parliamentary Select Committee subsequently found the President to have been under life or death pressures. During the UN Human Rights Committee’s session in 2012 a panel member noted the “troubling role of the judiciary at the centre” of the disputed free transfer of power on February 7th 2012.

Whilst an action of unlawful detention against a Judge cannot be ignored, context and public interest also should not be ignored when exercising the discretion to prosecute. Alternatives such as an Independent Public Inquiry could have been considered.

The former President’s trial proceeded over 19 days, often late at night. Two of the Judges also were witnesses in the case. They refused to recuse themselves. The defence was refused the right to call witnesses in its own defence. Judge Didi referred to the former President needing to prove his innocence rather than there being a presumption of innocence. On the 9th March 2015 the defence lawyers withdrew from the case after repeatedly having been refused time to prepare.

On the 13th March 2015 the Former President stood alone as he was convicted and sentenced to the near maximum term of imprisonment.

But whilst the circus court is dismantled after its recent performance, it is democracy opponents that are cheering the loudest.

Kirsty Brimelow QC is a barrister with London’s Doughty Street Chambers. She has represented the Chief Justice of Trinidad and Tobago and the Chief Justice of Gibraltar, and currently is acting for the former President of the Maldives Mohamed Nasheed. 

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