Category: Politics

Home minister assures Nasheed’s safety and welfare in custody

Former President Mohamed Nasheed will be incarcerated in a 264-square foot furnished “prison apartment” in Maafushi jail with air-conditioning, a sitting room, a television and VCD player, Home Minister Umar Naseer has said.

Naseer revealed in a tweet this morning that the opposition leader would also have a 1,087-square foot garden and would be able to “live with other inmate-friends.”

“The government guarantees the safety, welfare, and protection of former [President] Nasheed while in custody,” Naseer tweeted last night.

“He’ll be treated with respect and dignity.”

Following the Criminal Court sentencing Nasheed to 13 years in jail on Friday night, Naseer said he had asked police to hold the former president in Dhoonidhoo detention centre “until a special unit is constructed in Maafushi prison.”

Nasheed was found guilty on terrorism charges over the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

However, the office of former President Nasheed released a statement today claiming the cell being prepared to house the opposition leader was in an area of the jail deemed unfit for human habitation.

“The use of the cell being prepared in Maafushi jail was discontinued after the Human Rights Commission of Maldives and the International Red Cross and Red Crescent determined in 2009 that it was unfit to hold people,” the statement read.

“The toilet of the cell currently being prepared is inside the cell. It was built such that unclean odours and bacteria fans out to the whole cell. It is adjacent to the jail’s garbage dump. Germs, bacteria and unclean air constantly circulate inside the cell.”

The Maldives Correctional Services – which manages jails and detention centres – functions under the home ministry.

Home Ministry Media Coordinator Thazmeel Abdul Samad told Minivan News today that he was not aware of the location of the cell within the jail.

“It is being built in the most appropriate way to hold a former president of Maldives,” he insisted, adding that Nasheed would “not feel any discomfort.”

Thazmeel said construction of the cell would be complete within a week or ten days.

The office of the former president meanwhile contended that the the home ministry’s arrangements were in violation of the Constitution as well as the Maldives’ obligations under the the International Convention on Civil and Political Rights and the Convention against Torture and other Cruel, Inhumane or Degrading Treatment or Punishment.

“This government is making arrangements to unjustly cause serious harm to President Nasheed,” the statement alleged, adding that preventing inmates from interacting with others or from being seen by anyone was also against the domestic anti-torture law.

“We have received information of the Ministry of Home Affairs preparing a good place to hold President Nasheed and making arrangements to keep other inmates with him,” it continued.

“However, the cell is being prepared in an area in Maafushi jail that has been deemed unfit for human habitation. And as the other inmates to be kept with President Nasheed so as not to keep him in isolation would be determined by this government, we are extremely concerned over the threat to President Nasheed’s safety and security.”

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State companies accused of dismissing, suspending opposition supporters

Several employees have accused three state-owned companies of firing opposition supporters for participating in anti-government protests.

Since March 1, at least four employees of State Electric Company Limited (STELCO) and one from Malé Water and Sewerage Company (MSWC) were dismissed, and at least five were suspended from Maldives Ports Limited (MPL).

The opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) on February 27 held a 10,000-strong protest march calling for President Abdulla Yameen’s resignation. Since then, the MDP continued daily protests over the imprisonment of former President Mohamed Nasheed.

The opposition leader was convicted of terrorism on March 13 and jailed for 13 years.

Speaking to Minivan News, Ahmed ‘Andha’ Saleem, 37, said he was dismissed from STELCO on March 12 despite 17 years of service because of his political views.

Saleem said his colleagues first told him to stop posting anti-government comments on social media or sharing photos of opposition protests. He complied, but was later told to resign when he was seen at an MDP protest on March 6.

At the time, STELCO offered him a MVR 300,000 (US$19,455) retirement package, but he declined the offer. Soon afterwards, he received a letter informing him of his dismissal, he said.

“I received a double promotion just three months back. This is an injustice. I will appeal this case at the Employment Tribunal,” he said.

Ali Farhad, dismissed from STELCO on March 10, claimed the President’s Office was directly responsible for his dismissal.

Several employees who attended the March 6 protests were asked to write apology letters to First Lady Fathimath Ibrahim or Tourism Minister Ahmed Adeeb, the 43-year old claimed. He was dismissed when he refused to write the letter.

“I love STELCO. I have worked there for 30 years. Even though I’ve been dismissed and my fundamental rights violated, I will continue to participate in protests,” he said.

STELCO’s Assistant Director Abdulla Nazir dismissed claims of forced resignation and said the four employees were retired voluntarily and afforded full retirement benefits.

“The dismissals went according to company procedures,” he said.

Condemning the dismissals, MDP Spokesperson and MP Imthiyaz Fahmy said the party would assist employees in contesting any unfair dismissal, suspension or incidents of harassment at the Employment Tribunal.

“The government is ordering civil servants and state company employees to attend pro-government rallies, I have seen the texts, the letters ordering their attendance. Opposition supporters are getting sacked for exercising their right to assembly and free speech even as board members and managerial staff lead pro-government rallies,” he alleged.

At MPL, a spokesperson said at least five workers had been suspended since March 1 for alleged misconduct.

However, employees claimed 18 staff were suspended for participating in the February 27 mass rally.

Administrative Officer Miusam Abbas said he received a letter on March 1 informing him he had been suspended for misconduct. He was summoned to a disciplinary committee last week and questioned on his participation in the February 27 rally, as well as his support for the government.

Two additional MPL staffs who wished to remain anonymous confirmed they, too, had been suspended for their anti-government views and support for the opposition.

“I don’t depend on Gayoom for my sustenance. I will continue protesting,” one 35-year-old told Minivan News.

The pair confirmed MPL staff regularly received text messages from the company requesting their attendance at ruling Progressive Party of the Maldives rallies.

Both said they had been summoned to a disciplinary committee and asked if they had gone to opposition protests. Attending protests calling for the president’s resignation while employed in a state-owned company was unacceptable, the pair were told.

MPL Media Coordinator Ahmed Athif declined to comment on the suspensions, claiming it was an ongoing case.

Meanwhile, a procurement assistant at MWSC, Ibrahim Ismail, 20, was dismissed on March 12 after he participated in a boat protest near Dhoonidhoo Island on March 6.

“I knew this was bound to happen. Firing government employees who support the opposition has become common practice. But my dismissal came without warning, it was very sudden,” he said.

The reasons for his dismissal remain unclear, Ismail said.

The MWSC was not responding to calls at the time of press.

 

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High Court dismisses Nasheed’s arrest warrant appeal

The High Court today dismissed former President Mohamed Nasheed’s appeal challenging the legality of the Criminal Court’s February 22 arrest warrant, after the opposition leader asked for an open hearing.

The High Court denied Nasheed’s request, claiming neither members of the public nor journalists were allowed to observe appeal hearings.

The appellate court dismissed the case after the former president reportedly refused to enter the courtroom.

Hisaan Hussain from Nasheed’s legal team told reporters that the High Court had decided in a circular to hold closed hearings for appeals concerning arrest warrants.

She argued that the decision was in violation of Article 42 of the Constitution and Article 71 of the Judicature Act as circulars did not have the force of either laws or regulations that derived its authority from an act of parliament.

Nasheed’s lawyer, Hassan Latheef, told Minivan News that the legal team has decided to appeal the High Court’s decision at the Supreme Court.

Article 42 of the Constitution states that “trials of any matter shall be held publicly” while the presiding judge could exclude the public in the interest of public morals, order and national security, or where juveniles or the victim of the crime requires, and in cases where public interest would prejudice justice.

The opposition Maldivian Democratic Party (MDP) subsequently released a statement contending that the High Court did not have the legal authority to bar members of the public and journalists from observing hearings.

“By carrying out court proceedings in a manner that prevents constitutional rights and protection, the High Court is losing public trust, with the appeal process losing its meaning,” the MDP said.

Following the Criminal Court convicting Nasheed on terrorism charges on Friday night (March 13), Latheef said the legal team has requested the court report in order to appeal the 13-year prison sentence at the High Court within ten days.

A Supreme Court circular in January shortened the maximum appeal period from 90 days to ten days, claiming it would ensure the right to appeal in a timely manner.

“The Criminal Court informed us that the report will be provided in seven to 14 days,” said Latheef, noting that it would leave the defence team two days to prepare for the appeal hearing.

“Every aspect of this trial is very different from normal procedures followed by the courts,” he said.

President’s Office Spokesperson Ibrahim Muaz said yesterday that the government would ensure Nasheed’s right to appeal.

“I believe the Criminal Court would have afforded due process in the conduct of Nasheed’s trial. If you study this case, from the beginning to the end, it is clear the charges are not politically motivated,” Muaz insisted.

“We have a system of separation of powers. In a democracy, the head of state does not interfere in judicial proceedings and is not to blame for court proceedings,” Muaz said.

Nasheed was brought from the Dhoonidhoo detention centre to Malé around 1:30pm.

Hundreds of protesters were gathered near the High Court building, demanding the former president’s immediate release.

MDP High Court Protest

Police informed Minivan News that four individuals were arrested from the protest for allegedly obstructing police duties and for trying to harm police officers. Minivan News journalists observed police officers using pepper spray indiscriminately while making the arrests.

MDP High Court Protest

Throughout the Criminal Court trial, Nasheed maintained that he had been deprived of basic constitutional rights, including the right to legal counsel, right to appeal, and the right to be provided adequate time to prepare a defence. Judges also refused to hear defence witnesses claiming they did not appear to negate the prosecution’s case.

Delivering the guilty verdict Friday night, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed as commander-in-chief ordered the arrest or “forceful abduction” of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The former president was arrested on February 22 after Prosecutor General Muhthaz Muhsin personally sought an arrest warrant from the Criminal Court ahead of the surprise terrorism trial.

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Government issues loans to 14 recipients under fisheries loan scheme

The government has issued MVR8.6 million (US$557,717) worth of loans to 14 boat owners and fishermen under a fisheries loan scheme.

President Abdulla Yameen presented award letters at the President’s Office this morning.

In his remarks at the ceremony, President Yameen said the loan scheme was “a stimulus” to the economy, which would be beneficial to one of the most important industries in the country.

“For the population in islands, the employment that brings the biggest income is still, without a doubt, the fisheries sector,” he said.

The “impetus or stimulus” for the fisheries industry was part of the government’s efforts to “improve the fundamentals of the economy,” he added.

According to the fisheries ministry, 60 percent of the funds were earmarked for youth. The loans were issued at a six percent interest rate, the ministry said, and was intended to provide financial support for boat building as well as purchasing engines and other equipment.

Fisheries industry

The annual fish catch in the Maldives declined from approximately 185,000 tonnes of fish caught in 2006 to about 70,000 tonnes in 2011.

In its latest monthly economic review, the Maldives Monetary Authority revealed that in January 2015 “the volume of fish exports declined by 18 percent in annual terms due to the decline in export of both frozen skipjack tuna and yellowfin tuna exports.”

“Similarly, earnings on fish exports also declined by 14 percent during the review month, which can be attributed to the fall in frozen tuna exports,” the review stated.

Yameen meanwhile said the government’s objective was encouraging youth to take up fishing by providing loans to cover the high initial capital investment.

He noted that the loan scheme was part of the ruling Progressive Party of Maldives’ manifesto pledges.

The present loan scheme was “symbolic” as the figure was a fraction of the state budget, Yameen observed, but higher amounts could be allocated in the future based on the interest from the public.

As only three of the 14 recipients awarded the loans today were young fishermen, Yameen urged more youth – the “target group” – to apply.

The amount allocated for the loan scheme could be doubled if 80 percent of the 14 recipients had been youth, he said, adding that the mindset of Maldivian youth needed to change.

The willingness of youth to become gainfully employed or start up enterprises was essential for the success of the government’s youth programmes, he said.

Fishermen in the Maldives earn a high income, Yameen continued, suggesting that the low number of fishermen who have joined the government’s insurance scheme showed that fishing was lucrative.

The ‘beyas nubeyas’ insurance scheme was part of a PPM pledge to provide MVR10,000 (US$649) a month to fishermen during lean periods.

For the scheme to succeed, Yameen said fishermen needed to register for the government to manage the fund.

“But we believe there isn’t that much of an interest in this because an individual believes his income is higher than MVR10,000,” he said.

“If not, the interest would be there. If you are to join an insurance scheme, you have to pay some kind of premium from the day you join.”

The lack of interest suggested that fishermen did not want to pay the premium as they earned enough during peak periods, Yameen said.

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MDP to launch national civil disobedience campaign to free Nasheed

The opposition Maldivian Democratic Party (MDP) has decided to launch a national civil disobedience campaign to free imprisoned leader, former President Mohamed Nasheed.

A resolution passed at an MDP national council meeting declared the party does not accept the Criminal Court’s 13-year jail term against Nasheed for his role in the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

The terrorism conviction effectively bars Nasheed from presidential elections in 2018.

“The MDP resolves to free President Mohamed Nasheed from this government’s injustice, to do all necessary to stop the persecution of other politicians, to involve other political parties and other supporters in our work as extensively as possible, to launch a national civil disobedience movement, to reform judiciary and ensure judicial independence, to launch protests and organise petitions, and to accept Nasheed’s last appeal and establish a people’s government,” the resolution said.

Nasheed had called on supporters to confront President Abdulla Yameen’s “dictatorial regime” and “to take all of your lives in your hands and to go out onto the streets in protest.”

Speaking at the council meeting, MDP council members called for targeted boycotts against pro-government resorts and businesses and urged mass protests in Malé.

Nasheed will remain the party’s president and 2018 presidential candidate, MP for Galholhu North MP Eva Abdulla said.

“We, all of us together, we don’t have the sort of courage Mohamed Nasheed does. But we have learnt to take heart from his courage. That is why I say, don’t you dare think we will take a step back,” she said.

Pointing to several irregularities in the trial, MDP council members declared they would not accept the guilty verdict, and called on supporters to have courage.

“I am eight months pregnant, yet I am determined to continue this fight for justice for President Nasheed and Maldivian citizens. If I have the courage, so does every single MDP member,” said Nasheed’s lawyer Hisaan Hussein.

Hisaan at MDP National Committee

Democracy is won through long hard struggles, many council members noted.

“We must remember, history is rife with such atrocities. Authoritarian rulers, in our neighboring India, Mahatma Gandhi, in South Africa, Mandela, sentenced them to long years in jail in an attempt to destroy their political careers. But ultimately, they came out national heroes,” MP and former Speaker Abdulla Shahid said.

After the meeting, council members led hundreds of supporters in a march through Malé, calling for Nasheed’s release.

When the march ended at approximately 12:30am, hundreds of young men continued calling for Nasheed’s freedom on foot and on motorbikes.

Ali Waheed at protest

Six protesters were arrested last night, the Maldives Police Services said.

In the wake of the Criminal Court sentencing the opposition leader to 13 years in jail on Friday night (March 13), the United States, United Kingdom and the European Union expressed concern with the lack of due process, while Amnesty International said Nasheed’s conviction “after a deeply flawed and politically motivated trial is a travesty of justice.”

Domestically, the Human Rights Commission of Maldives said the former president was denied fundamental rights that guarantee a fair trial in line with the Maldives’ obligations under the International Covenant on Civil and Political Rights (ICCPR).

Moreover, human rights NGO Maldivian Democracy Network urged the UN Special Rapporteur on the Independence of Judges to intervene in order to prevent a “slide back to autocracy,” whilst Transparency Maldives expressed “grave concern” and stressed that Nasheed was denied legal representation, the right to appeal, and sufficient time to mount a defence.

President Abdulla Yameen has meanwhile called on all parties to respect the Criminal Court’s verdict against former President Mohamed Nasheed.

In a statement released by the President’s Office last night, President Yameen noted that the opposition leader has “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

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Respect Criminal Court verdict, says President Yameen

President Abdulla Yameen has called on all parties to respect the Criminal Court’s verdict against former President Mohamed Nasheed.

In a statement released by the President’s Office last night, President Yameen noted that the opposition leader has “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

“The government calls on its international partners to engage constructively, based on mutual respect and dialogue in consolidating and strengthening democratic values and institutions in the country,” reads the brief statement.

“The government remains steadfast in ensuring the separation of powers as stipulated under the Maldivian constitution and upholding the rule of law in the country.”

In the wake of the Criminal Court sentencing the opposition leader to 13 years in jail on Friday night (March 13), the United States, United Kingdom and the European Union expressed concern with the lack of due process, while Amnesty International said Nasheed’s conviction “after a deeply flawed and politically motivated trial is a travesty of justice.”

Domestically, the Human Rights Commission of Maldives said the former president was denied fundamental rights that guarantee a fair trial in line with the Maldives’ obligations under the International Covenant on Civil and Political Rights (ICCPR).

Moreover, human rights NGO Maldivian Democracy Network urged the UN Special Rapporteur on the Independence of Judges to intervene in order to prevent a “slide back to autocracy,” whilst Transparency Maldives expressed “grave concern” and stressed that Nasheed was denied legal representation, the right to appeal, and sufficient time to mount a defence.

However, President’s Office Spokesperson Ibrahim Muaz Ali told Minivan News yesterday that he believed the Criminal Court “would have afforded due process in the conduct of Nasheed’s trial.”

“If you study this case, from the beginning to the end, it is clear the charges are not politically motivated,” Muaz insisted.

President Yameen as head of state could not “interfere in judicial proceedings and is not to blame for court proceedings,” he said.

Intervention

Commonwealth Secretary-General Kamalesh Sharma released a statement yesterday noting that the intergovernmental organisation would continue to closely follow the judicial process after the verdict.

The Commonwealth urged restraint and advised peaceful resolution of “differences of view” through dialogue.

“The Foreign Minister of Maldives, Hon Dunya Maumoon, has made recent public comments welcoming constructive and close dialogue with international organisations,” the statement read.

The Commonwealth assured its commitment to working with the Maldives to address issues of concern.

“All societies should have the space and opportunity for dialogue in order to ensure that universally shared values are advanced, and to create a stable and harmonious future,” the statement continued.

“All societies should also have national institutions that enjoy the confidence, trust and respect of the people they serve. The Commonwealth is committed to offering practical support in a collaborative partnership to achieve these goals in an enduring way.”

The Asian Centre for Human Rights (ACHR) has meanwhile called on the UN to hold an emergency session on the situation in the Maldives.

The ACHR “urged the members of the UN Security Council to take necessary measures to seize assets and freeze accounts of President of Maldives Mr Abdulla Yameen, Foreign Minister Dunya Maumoon, Prosecutor General Muhthaz Muhsin and the three judges overseeing Nasheed’s trial i.e. Abdulla Didi, Abdul Bari Yoousuf and Sujau Usman and other key officials of the regime, impose travel restrictions and trade embargo, and withhold financial assistance and technical cooperation to the Maldives until the release of Nasheed.”

“The trial is a travesty of justice – Judge [Abdulla Mohamed] who claims himself to have been illegally detained for which former President Nasheed was charged under terrorism charges still heads the Criminal Court trying Nasheed and effectively allowed his deputy, Judge Abdulla Didi, to convict Nasheed in a kangaroo trial. If the United Nations and international community fail to intervene now, democracy may never return to the Maldives,” said ACHR Director Suhas Chakma.

The Asian Forum for Human Rights and Development (Forum-Asia) also condemned the verdict and noted that Nasheed was “never investigated for the fresh charges of terrorism before trial.”

“The trial of Nasheed was riddled with numerous violations of basic human rights and fair trial standards, and his conviction must be condemned. This is a clear case of political persecution and therefore the verdict is not surprising, considering the manner in which the court has conducted the trial,” said Forum-Asia Executive Director Evelyn Balais-Serrano.

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Democracy Network alerts Special Rapporteur on Independence of Judges on Nasheed’s sham trial

Human Rights group Maldivian Democracy Network (MDN) has urged the UN Special Rapporteur on the Independence of Judges and Lawyers to investigate the jailing of former President Mohamed Nasheed on terrorism charges.

The “independence of the judiciary has been lost,” MDN said in a letter to Gabriela Knaul, stating President Abdulla Yameen was using the judiciary as a tool to “oppress the opposition.”

“We fear that without timely intervention, the country will complete its slide back to autocracy. We strongly urge you to investigate the matter further and issue a public statement denouncing this flagrant abuse of rights being perpetuated through the Maldives’ judiciary,” the letter read.

MDN called upon the international community to take serious measures to prevent further human rights violations at the “helm of a corrupt judiciary.”

The former president was convicted of terrorism and sentenced to 13 years in prison last night (March 13) over the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

Nasheed’s administration detained Judge Abdulla after deeming him a national security threat. Then- Home Minister Hassan Afeef accused the judge of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

Delivering the guilty verdict last night, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed ordered the chief judge’s arrest or “forceful abduction.”

The NGO described the trial as a “political tool designed to disqualify him from contesting future elections and silence his voice of political opposition,” noting that the trial took place at an “uncharacteristically extreme speed.”

“The systematic procedural irregularities in the current proceedings demonstrate that the current charges against Nasheed are a continuation of the same campaign to disqualify him from political office and effectively silence his political dissent in the Maldives, using a corrupt and biased judicial system to realise this goal,” said MDN.

All four of Nasheed’s lawyers quit on March 9 in protest of the Criminal Court’s refusal to grant sufficient time to examine the prosecution’s evidence and mount a defence.

The presiding judges had denied the lawyers’ request for adequate time, stating the legal team has had the case documents for three years.

Meanwhile, the Human Rights Commission of the Maldives (HRCM) said today Nasheed “was denied fundamental rights which guarantee a fair trial by the constitution, and some rights granted by the International Covenant on Civil and Political Rights.”

HRCM noted that the Criminal Court denied requests made by the commission to observe trials.

Advocacy group Transparency Maldives (TM) also expressed “grave concern” on the guilty verdict, stressing Nasheed was denied legal representation, right to appeal and adequate time to build a defence against new terror charges.

TM also noted that the “serious issues of conflict of interest were prevalent in the case” with two of the three judges presiding over the case having provided statements during the investigation.

“These procedural irregularities raise serious questions about the fairness, transparency and independence of the judicial process followed and the provision of the accused’s inalienable right to a fair trial,” read a TM statement today.

TM called upon state actors to “uphold democratic principles and international conventions”, while urging the public and law enforcement agencies to “exercise restraint and calm in order to mitigate further deterioration of the security situation in the Maldives.”

Knaul had previously expressed concern over lack of due process in a 2012 trial in which Nasheed had been charged with “arbitrarily detaining” Judge Abdulla at the Hulhumalé Magistrate Court.

Knaul questioned the constitutionality of the magistrate court and the appointment of the three-judge panel, “which seems to have been set up in arbitrary manner, without following procedures set by law.”

“It is indeed difficult to understand why one former President is being tired for an act he took outside his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” wrote Knaul, in her report to the UN Human Rights council following her mission in Maldives in February 2013.

Prosecutor General Muhthaz Muhsin in February withdrew the lesser charges and re-prosecuted Nasheed on harsher terror charges.

The United States, United Kingdom and the European Union have expressed concern with the lack of due process, while Amnesty International said Nasheed’s sentencing “after a deeply flawed and politically motivated trial is a travesty of justice.”

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Nasheed wishes mercy for his jailers: “In this time of profound injustice, I harbour no hatred.”

Former President Mohamed Nasheed, sentenced to 13 years in jail in a trial many observers have called a travesty of justice, has issued a statement wishing mercy on his jailers.

“In this time of profound injustice, I harbour no hatred. And to those who seek to destroy me, I say: I wish upon you good grace and blessings,” the opposition leader said last night.

Nasheed was convicted of ordering the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

The United States, United Kingdom and the European Union have expressed concern with the lack of due process, while Amnesty International said Nasheed’s sentencing “after a deeply flawed and politically motivated trial is a travesty of justice.”

The Criminal Court denied Nasheed bail on February 23 at a first hearing without legal representation. The three-judge panel at subsequent hearings dismissed Nasheed’s repeated requests for additional time to prepare a defence and refused to call the defence’s witnesses claiming they do not appear to negate the prosecution’s evidence.

The three-judge panel also included two judges who had acted as witnesses in an earlier investigation into Judge Abdulla’s arrest.

In his statement, Nasheed called for mass protests against President Abdulla Yameen’s regime and appealed to supporters to remain courageous and strong.

“The Maldivian judiciary is full of corruption and disgrace. Judges are routinely accepting the vile money of bribery. These judges have no fear of the day of judgment, and no shame in this world. The consequence of their actions is injustice to the public and the thwarting of this country’s development,” the former president said.

Nasheed was the Maldives’ first democratically elected president.

“Why am I calling for such a sacrifice? Know this for sure: it is not for my own well being . I am not staying in jail, a captive, because I have no way out. I could easily secure my freedom and happiness by agreeing to stop the work I am doing, and falling at President Yameen’s feet. I could choose to live in riches, in comfort, and in joy. But if I choose that path, Maldivians will reach a tragic end. Maldivians will be deprived of what they rightfully deserve: freedom, dignity and democracy. They will never be allowed to stand tall. Forever, they will be forced to cower before this dictatorial regime.

Judge Abdulla’s arrest sparked 22 consecutive nights of violent anti-government demonstrations that culminated in a police and military mutiny on the morning of February 7, 2012, forcing Nasheed to resign in what he subsequently called a “coup d’etat.”

Delivering the guilty verdict, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed as commander-in-chief ordered the arrest or “forceful abduction” of Judge Abdulla.

When provided with the opportunity to present concluding statements at an initial hearing at 9:15pm, Nasheed once again asked for legal counsel and additional time.

“My incarceration in Dhoonidhoo Jail prevents me from communicating with my lawyers. They are unable to provide me with the legal counsel I require. They were not provided with the prosecution’s evidence for review, adequate means for communication, or internet services. There were no arrangements for us to sit together to prepare legal documents,” he told the court.

“My lawyers quit, because they were unable to afford me the legal counsel necessary for a free and fair trial. They quit stating that the three of you judges are unjust in how you conduct this trial. In this situation, I am unable to prepare concluding statements. I can only prepare such a statement only when I am freed from this situation, if I am transferred to Malé and given sufficient time for preparation.”

However, reading out the guilty verdict at 11:15pm, presiding Judge Abdulla Didi insisted Nasheed had been afforded adequate to prepare defence, arguing case documents had been provided three years ago when the former president was initially charged.

Nasheed was first charged in 2012 with arbitrary detention under article 81 of the penal code, which carries either banishment or a jail term of up to three years.

On February 15, Prosecutor General Muhthaz Muhsin withdrew the charges filed at the Hulhumalé Magistrate Court. Nasheed was arrested on February 22 shortly after the PG filed terrorism charges at the Criminal Court.

Judge Didi also said Nasheed had refused to make use of a phone call to appoint new lawyers when all four of his lawyers quit.

President’s Office Spokesperson Ibrahim Muaz Ali today said the government will ensure former President Mohamed Nasheed’s right to appeal his conviction on terrorism charges if he believes the Criminal Court did not follow due process.

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Government will ensure Nasheed’s right to appeal conviction, says spokesperson

The government will ensure former President Mohamed Nasheed’s right to appeal his conviction on terrorism charges if he believes the Criminal Court did not follow due process, President’s Office Spokesperson Ibrahim Muaz Ali has said.

The opposition leader was sentenced to 13 years in jail last night for ordering the arrest of Criminal Court Chief Judge Abdulla Mohamed in 2012.

“I believe the Criminal Court would have afforded due process in the conduct of Nasheed’s trial. If you study this case, from the beginning to the end, it is clear the charges are not politically motivated,” Muaz said.

“Nasheed can still appeal at High Court.”

The government has no power over the courts, he added.

“We have a system of separation of powers. In a democracy, the head of state does not interfere in judicial proceedings and is not to blame for court proceedings,” Muaz said.

“Political leaders in other countries, such as Bangladesh, India and Sri Lanka, have been summoned and tried in court as well.”

Delivering the guilty verdict last night, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed as commander-in-chief ordered the arrest or “forceful abduction” of Judge Abdulla.

Reacting to Nasheed’s conviction, the opposition Maldivian Democratic Party (MDP) MP “Ibu” Mohamed Solih said today the party would not be disheartened by President Abdulla Yameen’s alleged attempts to imprison his opponents.

“President Yameen is trying to jail his opponents before the next election. But even though Nasheed is convicted he still is the leader of MDP and he will contest in the 2018 presidential elections,” Ibu said on opposition-aligned Raajje TV.

However, Muaz denied that the president wished to prevent political rivals from contesting the 2018 election.

“President Yameen does not want to jail opposition politicians or plunge the country into civil unrest. He has an economic agenda. We respect the court’s verdict.”

Addressing the party’s supporters alongside the parliamentary group leader on Raajje TV, MDP Chairperson Ali Waheed meanwhile said the party would do everything in its power to free Nasheed.

“Our main work from now on will be to free President Nasheed. He will come back. So meanwhile stay united, don’t lose hope and pray for him,” Waheed said.

Following Nasheed’s arrest on February 22, MDP supporters have protested every night calling for his release.

Muaz said the government would allow the public to peacefully express their views, but stressed that protests should take place within bounds of the law.

“But we will not allow unrest in the country. Our aim is to establish peace and order in the country. We welcome freedom of expression and assembly, but they must be practiced within the bounds of the constitution. Our appeal to the public is not to disrupt public order,” he said.

“Injustice”

Nasheed was charged with “enforced disappearance” under the Prevention of Terrorism Act of 1990, which carries a jail term of between 10 to 15 years.

Prior to a hearing on March 9, all four of Nasheed’s lawyers quit in protest of the Criminal Court’s refusal to grant sufficient time to examine the prosecution’s evidence and mount a defence.

The presiding judges had denied the lawyers’ request for adequate time, stating the legal team has had the case documents for three years.

Nasheed was first charged in 2012 with arbitrary detention under article 81 of the penal code, which carries either banishment or a jail term of up to three years.

On February 15, Prosecutor General Muhthaz Muhsin withdrew the charges filed at the Hulhumalé Magistrate Court. Nasheed was arrested on February 22 shortly after the PG filed terrorism charges at the Criminal Court.

Meanwhile prominent figures from both the international community and within the country have condemned the Criminal Courts verdict.

Husnu Suood, former judge and Attorney General – who was also a senior member of the team which drafted the anti-terrorism law in 1990 – tweeted: “Mohamed Nasheed is not a terrorist. Whatever act he did was certainly not terrorism. The charge not suitable, the trial was flawed.”

Deputy Attorney General Ahmed Usham also questioned Criminal Courts decision to jail Nasheed.

“Infringing the rights of one person in the name of giving justice to another person is in itself an injustice,” Usham wrote on his Facebook page.

MP Ahmed Mahloof, who was expelled from the Progressive Party of Maldives (PPM) recently after he criticized President Yameen, tweeted: “21 days for Judge Abdulla, 4745 days for President Nasheed. Is this what they call justice? Why not jail all opposition leaders and rule the country.”

Adhaalath Party President Sheikh Imran Abdulla – who played a pivotal role in the 2012 protests against Nasheed’s administration – tweeted: “Nasheed’s trial was not conducted justly.”

 

Related to this story

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

Nasheed trial “not free or fair,” says Maldivian Democracy Network

Foreigners cannot meddle in domestic affairs, declares President Yameen

PPM accuses international community of “double standards and hypocrisy” in Nasheed’s trial

“This is not a court of law. This is injustice,” Nasheed tells the Criminal Court

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