Category: Politics

Nazim accused of conspiring with Villa group to harm state officials

State prosecutors have accused former Defense Minister Mohamed Nazim of conspiring with opposition Jumhooree Party (JP) Leader Gasim Ibrahim’s Villa Group to harm state officials.

At today’s first hearing on an illegal weapons charge, State Prosecutor Adam Arif said documents on a pen drive confiscated from Nazim’s house during a January 18 raid show the former defence minister was planning individual and joint operations, financed by the Villa group, to cause bodily harm to “senior honourable state officials.”

The pen drive was confiscated along with a pistol, live bullets and an improvised explosive device during the early morning raid, police have previously said.

Presiding Judge Sujau Usman denied Nazim legal representation at today’s hearing stating the Prosecutor General’s Office had not yet decided which documents from the pen drive were to be kept confidential and which were to be made public.

However, Nazim’s lawyer Maumoon Hameed was allowed inside the courtroom as an observer.

The former defense minister pleaded not guilty. Judge Usman gave Nazim three days to re-appoint a lawyer and answer charges. He is to be kept in police custody until the trial ends.

Nazim’s trial comes amidst heightened tension in Malé. Former President Mohamed Nasheed is also in police custody pending a verdict in terrorism charges over the military detention of a Criminal Court Judge in January 2012. Nasheed’s Maldivian Democratic Party and Gasim’s JP formed an alliance shortly after the weapons find at Nazim’s house and have pledged to overthrow President Abdulla Yameen’s government.

Nazim’s wife, Afaaf Abdul Majeed, was also in court today on the same charges. But Arif told the court the PG’s office was withdrawing charges, claiming the confidential documents had brought to light new information.

Obstacle to justice

Speaking to reporters outside the courtroom, Hameed said the state’s decision to present confidential documents present “a major obstacle in ensuring a fair trial for Nazim.”

“We will not be able to respond to any of the confidential documents, which hampers his right to justice. We will object to this, and we will do everything within our means to protect Nazim’s rights.”

According to Hameed, the court has not yet provided lawyers with any case documents on charges against Nazim or Afaaf.

“We believe there is no basis to charges against Colonel Nazim’s wife, in the same vein, we believe there is no basis to prosecute Nazim as well,” he said.

Afaaf was sent a summons to attend today’s trial on Monday, despite having received no indication she was under suspicion for possessing illegal weapons.

When the trial began, she was sitting next to Nazim at the defence stand, but was later transferred to the observer stand.

When Nazim left the courtroom he passed by the observer stand, and said to his family, “your mother is now free.”

“My freedom alone won’t do,” Afaaf replied.

Hameed said the Criminal Court in a separate remand hearing ruled Nazim posed a threat to society and must be kept in police custody until the trial ended.

Hameed said he would appeal the ruling as well as a February 11 ruling in which Nazim was remanded for 15 days on additional charges of treason and terrorism.

Despite the controversial weapons find on January 18, the police made no moves to arrest the former minister, and Nazim continued to fulfil his ministerial duties the next day.

President’s Spokesperson Ibrahim Muaz Ali at the time told media that President Abdulla Yameen continued to have “full confidence” in Nazim.

The following day (January 20) Nazim was dismissed. On February 9, police submitted files to the PG Office requesting charges be pressed against Nazim for illegal weapons possession.

Within hours, at 12:30am on February 10, police arrested Nazim on new terrorism and treason charges.

The former minister’s defence team said the weapons were planted at his residence, alleging police officers spent ten minutes inside Nazim’s apartment alone after they herded the retired colonel and his family into the living room.

The former Police Chief Abdulla Riyaz claimed Nazim is being framed.

Police have repeatedly denied framing Nazim, describing allegations as a “baseless” attempt at discrediting the force.

Despite Nazim’s detention on new charges, the police have not questioned the former minister even once, Hameed claimed.

State prosecutors did not offer substantive evidence to either arrest Nazim or keep him in detention, Hameed contended.

The allied opposition parties have described the state’s prosecution of Nazim and Nasheed, as well as alleged economic sanctions against Gasim as part of President Yameen’s plan to establish authoritarian control.

The government, however, claims it has no influence in the charges against Nasheed and Nazim, stating the trials were initiated by an independent Prosecutor General and tried through independent courts.


Related to this story

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PG, presiding judges among state witnesses, reveals Nasheed’s legal team

The Prosecutor General (PG) and two of the three judges presiding over former President Mohamed Nasheed’s trial on terrorism charges are among the state’s witnesses in the case against the opposition leader.

Documents sent by the court at 11:30am yesterday (February 24) contained witness statements from PG Muhthaz Muhsin, Judge Abdulla Didi and Judge Abdul Bari Yusuf, revealed Hassan Latheef from the former president’s legal team.

“This is a clear violation of Islamic Sharia and law and also international judicial principles. The prosecution, witnesses and the judge cannot be the same person or same parties,” Latheef said.

PG Muhsin – a former Criminal Court judge – filed terrorism charges against Nasheed, his former defence minister and senior officers of the military over the controversial detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Nasheed’s secretariat also released a statement today suggesting that “the conflict of interest that arises from the deliberation of a trial by both the prosecutor and the witness is blatant.”

In counter-statement, the PG office noted that while all documents, including all the witness statement obtained by the police, were forwarded to the court, “no witnesses or evidence have so far been presented to the court regarding the case.”

Despite repeated attempts by Minivan News to seek clarification, PG Office Media Officer Adam Arif was unavailable for comment due to scheduled appearances at court.

Meanwhile, Nasheed’s legal team has appealed the Criminal Court’s arrest warrant at the High Court.

Nasheed’s legal team member Hisaan Hussain also confirmed that all lawyers representing the former president – including Ibrahim Riffath, Ahmed Abdulla Afeef, Abdulla Shaairu and herself – have also been registered at the court this afternoon.

On Monday (February 23), the Criminal Court informed Nasheed’s lawyers that they had to register at the court two days in advance despite being unaware of the trial until the former president’s arrest the previous day.

Former Human Resource Minister Hassan Latheef will not be representing Nasheed at the trial as he had provided a witness statement to the authorities regarding the arrest of the judge.

The second hearing of Nasheed’s trial is scheduled for tomorrow night (February 26) at 8:00pm.

The PG’s office withdrew charges against Nasheed on February 16 after initially filing charges under Article 81 of penal code for detaining a government employee who has not been found guilty of a crime.

Hours before his arrest on Sunday (February 22), Nasheed was charged under Article 2(b) of the Prevention of Terrorism Act of 1990, which criminalises kidnappings and abductions and carries a jail term between 10 and 15 years.

Nasheed’s lawyers yesterday named two of the three judges overseeing the terrorism trial as witnesses for the defence, and requested the pair’s recusal from the bench.

The former president’s lawyers stated that the two judges witnessed a conversation between Judge Abdulla Mohamed and military officers on January 16, 2012, and could testify that he had not been kidnapped.

Related to this story:

Nasheed’s lawyers name Judges Didi, Yoosuf as witnesses, request their withdrawal from terrorism trial

Police deny brutalising Nasheed

Commonwealth, Canada express concern over denial of legal representation for former President Nasheed

Former President Nasheed arrives in court with arm in makeshift sling

Nasheed denied right to appoint lawyer and appeal “arbitrary” arrest warrant, contend lawyers

Police arrest former President Mohamed Nasheed ahead of terrorism trial

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Maldives slides in RSF press freedom index to 112th place

The Maldives has fallen to 112th place in the Reporters Without Borders (RSF) Press Freedom Index for 2015, dropping four places and marking a significant decline for the fourth consecutive year.

RSF annually ranks the performance of 180 countries according to a range of criteria, including media pluralism, independence, respect for safety and freedom of journalists, and the country’s legislative, institutional and infrastructural environment for the media.

Last year saw numerous death threats sent to journalists, the disappearance of Minivan News journalist Ahmed Rilwan, and a machete buried at the door of the Minivan News office.

Speaking to Minivan News, Maldives Media Council (MMC) member Miusam Abbas contended that the decline in the press freedom index reflects the government’s restrictions on the media.

“The government has been pushing to restrain the media in so many ways,” he alleged.

“We have seen continuous threats to journalist where the government failed to investigate the matter and also the government has been biased in providing information to media as well.”

Miusam suggested Rilwan’s disappearance was the biggest factor in last year’s decline. Rilwan is believed to have been abducted at knifepoint at 2:00am outside his apartment in Hulhumalé.

Human rights NGO Maldivian Democracy Network released a report in September implicating radicalised gangs in Rilwan’s disappearance. Home Minister Umar Naseer has also acknowledged involvement of criminal gangs in the case.

“It is a shame that the government has absolutely done nothing of relevance to find the journalist Ahmed Rilwan. I interpret this as a threat to the media in Maldives. After all, how can a journalist truly be free of fear while reporting when one of their colleagues has been missing for months?” Miusam asked.

Miusam also accused the government of actively assisting newly formed pro-government media outlets whilst deliberately recruiting journalists from other independent news organisations.

“This is an act to deliberately ruin targeted media organisations,” he claimed.

An environment where journalists could report freely in news organisations that were not financially dependent on politicians is essential for press freedom to flourish in the Maldives, Miusam said.

“If we look at the big media organisations now we can see that they are either funded or owned by a politician. The only solution I see is for the media to run as normal business without the backing of politicians or politically influenced organisations,” he explained.

Following the attack on the Minivan News office last September, Foreign Minister Dunya Maumoon expressed “deep concern” with the increasing intimidation and threats faced by journalists.

She assured that “the government remains strongly committed to create an environment that gives protection to media personnel to exercise their duties freely and responsibly.”

In April 2014, President Abdulla Yameen vowed that his administration would not take action against the media “no matter how far journalists take the freedom offered by this government.”

“Even now in newspapers and TV channels they are talking about various matters. Regarding the government or responsible officials in the government, they are saying there are people in the government who have committed various crimes,” he said, adding that the government would not order investigations or respond with litigation.

“So there will be press freedom in the Maldives under this government to an extent that journalists have never seen before. Criticism of the government’s actions is not that big a problem for this government. Talking about myself or my character is not a problem for me. So why wouldn’t there be press freedom?”

Yameen’s remarks came shortly after his administration faced criticism over the absence of either the president or a cabinet minister at a ceremony held to mark World Press Freedom Day, which saw the introduction of the first Maldives Journalism Awards.

Decline

Prior to the country’s first multi-party democratic election in 2008, the Maldives was ranked 104th – an improvement on its 2007 ranking of 129th.

The country’s ranking in 2009 and 2010 reflected dramatic improvements in press freedom – including decriminalisation of defamation – rising to 51st and 52nd respectively.

However, the Maldives slid to 73rd in 2011, 103rd in 2012, and 108th in 2013.

In February 2013, opposition-aligned private broadcaster Raajje TV reporter Ibrahim ‘Asward’ Waheed was nearly beaten to death, while the station’s offices and equipment were destroyed in an arson attack in October.

In June 2012, two men slashed the throat of freelance journalist and blogger Ismail Hilath Rasheed with a box cutter.

The Maldives was ranked between Nigeria and Zambia in the 2015 index. With a score of 34.32, the Maldives was listed among countries with “noticeable problems.”

Three Scandinavian countries – Finland, Norway, and Denmark – topped the RSF index while Turkmenistan, Eritrea and North Korea were the worst performers at the other end of the scale.

Related to this story

Maldives slides on press freedom index for third consecutive year

15 journalists receive death threats over gang reporting

Criminal Court releases suspect in Minivan News attack

Q&A: “With patience, until I die” – Rilwan’s mother vows to continue the search

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INIA capacity will increase threefold with new runway and terminal, says economic council

Additional reporting by Hassan Mohamed

The capacity of Ibrahim Nasir International Airport (INIA) will increase threefold to seven million passengers annually with the development of a new new runway alongside the previously announced new terminal, the cabinet’s economic council has revealed.

At a press briefing today, Minister of Economic Development Mohamed Saeed said efforts were underway under the direct supervision of President Abdulla Yameen to secure financing for the projects.

“The previous development concept was only for the development of the terminal,” says Saeed.

“But now we are talking of a whole new airport. We are going to build a second runway. President Yameen wants to build a second runway. That means there is no debate to this.”

After presenting a conceptual video of the airport depicting the envisioned developments, Saeed said the government’s target was completing a large portion of the project by 2017.

“We estimate that MACL [Maldives Airports Company Ltd] will earn MVR6.4 billion (US$ 410 million) in revenue in 2017 as a result of the redevelopment,” Saeed explained, adding that the income would be unprecedented in the government-owned company’s history.

Under the new master plan, Saeed said the project for the second runway has been awarded to Chinese Beijing Urban Construction Group (BUCG), which has since submitted BOQ (bill of quantities) and designs to the Chinese Exim Bank.

The project – to be financed by a concessionary loan – also involves building a fuel farm and expanding the cargo terminal as well as the runway apron, Saeed noted.

The development of the airport terminal was awarded to Japanese Taisei Corporation and is to be financed by the Japanese Bank for International Cooperation (JBIC), Saeed added.

Saeed revealed that he would be leaving for Tokyo in the coming weeks to fast-track the loan approval process, adding that construction could begin as soon as the loans are approved.

In December, MACL signed an agreement with Singapore’s Changi Airports International for consultancy in the development and expansion of INIA.

The estimated cost of the projects is US$845 million, Saeed continued, which includes improvements to the shore protection of Hulhulé Island, new seaplane facilities, new hangars, nine aero bridges, existing runway resurfacing and the relocation and demolition of existing facilities at the airport.

The redeveloped airport would also be connected to Hulhumalé via a new road, Saeed said.

Speaking at a ceremony last night, Saeed claimed that the Maldives will see US$600 million of foreign investment in the next five years.

Meanwhile, the United Kingdom, Germany and Canada has recently alerted tourists on travelling to the Maldives, citing political instability after former president Mohamed Nasheed was arrested on terrorism charges.

Asked if the current unrest could adversely affect the Maldivian economy, Saeed urged the opposition to refrain from engaging in activities that could harm the tourism industry and the economy.

GMR Compensation

In June last year, Indian infrastructure giant GMR won an arbitration case against the government for the premature termination of its airport development agreement in 2012.

A Singaporean tribunal deemed the airport development contract “valid and binding” and the MACL liable for damages after former president Dr Mohamed Waheed’s administration declared the deal void ab initio (invalid from the outset).

The exact amount owed by MACL is to be determined after the second phase of the arbitration case, with GMR seeking US$1.4 billion in damages – a figure which exceeds the state budget for 2014.

However, Attorney General Mohamed Anil has contended that the government was liable only for GMR’s initial outlay of US$7 8million, plus any costs for construction work completed after the 2010 deal was agreed.

The US$511 million agreement to manage and develop INIA – signed during the tenure of former President Nasheed – represented the largest foreign direct investment in the Maldives’ history.

Chinese arrivals

Saeed meanwhile noted that Chinese tourist arrivals account for 35 percent of all tourist arrivals to the Maldives, predicting further growth in the coming years.

However, according to statistics from the Tourism Ministry, Chinese arrivals have been slowing down in the past months, with negative growth recorded during December and January.

“January 2015 was recorded as the worst performed month for the Chinese market to the Maldives so far, with a strong negative growth of 33.1 percent,” the ministry noted in a statement last week.

“China being the number one market to the Maldives, the negative growth registered from the market was reflected in the total arrivals to the country.”

However, Saeed insisted that arrivals would pick up this month with the Chinese new year celebrations on February 19 and continue to rise with the growth of outbound Chinese tourists, which reached 109 million last year.

Related to this story

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Tourist arrivals decline in January as Chinese arrivals slow down

GMR wins arbitration case, tribunal deems airport deal was “valid and binding”

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Angry crowd threatens to assault Human Rights Commissioners

A group of five angry middle-aged men entered the Human Rights Commission of the Maldives (HRCM) offices at 10:00am on Tuesday and threatened to assault the five commissioners.

According to HRCM member Jeehan Mahmoud, the group was unhappy over a statement issued by the commission on Monday condemning the police’s mistreatment of former President Mohamed Nasheed at the Criminal Court.

The HRCM statement had condemned the police’s disproportionate use of force against Nasheed, and urged the state to immediately extend medical attention and access to a lawyer.

The commission said it was “investigating the police’s brutal treatment of the former president.”

Jeehan said the group threatened to harm the five commission members and demanded a meeting immediately. When HRCM staff declined, the group threatened to harass the members on the street.

“Inciting hatred and violence and issuing threats is an offence,” she said.

According to Jeehan, members of the public frequently harass HRCM, alleging the commission is biased and does not exercise its powers fully.

“But this is the first time in a while that we’ve had such a direct threat of bodily harm. However, this will not affect out work at all,” she said.

The statement had been approved by all five members of the commission and signed by its Secretary General, Jeehan noted.

The Maldives Police Services have confirmed the case is under investigation.

Nasheed is currently being held in pre-trial detention at the Dhoonidhoo Island Detention Centre. He is charged with terrorism over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Speaking to Raajje TV after a visit with Nasheed, his wife Laila Ali revealed that doctors said there was an injury to the former president’s shoulder and recommended he undergo physiotherapy for a week.

A police spokesperson confirmed Nasheed had seen a doctor at Medica Clinic in Malé at 2:20pm yesterday. Neither his family nor lawyers were informed.

The police had manhandled Nasheed when he attempted to answer questions posed by journalists upon his arrival at the Justice Building at 4:00pm on Monday.

Minivan News journalists observed Nasheed repeatedly asking the police to pull back, saying he would walk into the court room on his own accord. Villa TV cameramen captured footage of a police officer twisting Nasheed’s thumb.

Nasheed fell down and his shirt was torn in the process. Half an hour later, he appeared in court with his arm in a makeshift sling.

The opposition leader said his arm was broken and asked for immediate medical attention and right to legal counsel. Presiding Judge Abdulla Didi ignored his request and proceeded with the trial.

The Maldives Police Services have denied brutalising Nasheed and dismissed his claim of a broken arm, claiming the former president had staged his own fall while resisting police attempts to escort him into the court building.

The EU, UN, Commonwealth, India, US and Canada have expressed concern over Nasheed’s arrest and trial. Foreign Minister Dunya Maumoon has since hit back at international statements, claiming they were biased towards the opposition and poorly researched.

Speaking on TVM’s “Maldives Today” programme on Monday night, Presidential Affairs Minister Mohamed ‘Mundhu’ Hussein Shareef accused Nasheed of playing “stunts” in order to get international media attention and said such incidents tarnished Maldives’ image.

Tourism Minister Ahmed Adeeb said Nasheed must be tried and penalised to ensure justice is done to Judge Abdulla Mohamed and his family.

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PPM disciplinary committee decides to expel MP Mahloof

The disciplinary committee of the ruling Progressive Party of Maldives (PPM) has decided to expel Galolhu South MP Ahmed Mahloof for allegedly bringing President Abdulla Yameen into disrepute with false statements in the media.

Ali Waheed, the committee’s vice chairman, told the press yesterday that Mahloof did not deny making the statements in question on opposition-aligned Raajje TV when he was summoned to answer the charges.

“The committee decided that this action was absolutely necessary,” Waheed said, adding that the decision to dismiss the MP was reached unanimously by the three members who participated in deliberations.

The PPM council member was accused of making statements that could cause loss of public confidence in President Yameen as well as misleading the public concerning the arrest of former Defence Minister Colonel (Retired) Mohamed Nazim.

Speaking to Minivan News after attending the disciplinary committee meeting, Mahloof said he told the committee he had “no problem with President Maumoon [Abdul Gayoom]”.

“I did not say anything against [Gayoom] on Raajje TV,” he insisted.

“I told them that I spoke about President’s Yameen because of how the government is being run. My intention is not to defame or damage anyone but to put things on the right track.

“I was removed from the party just like how the Auditor General and Supreme Court Justices were removed. In haste and without giving due process”

Asked whether he would challenge the committee’s decision at the party’s appeals committee, Mahloof said the committee’s decision to dismiss him instead of issuing a warning or imposing a fine suggested the move was planned in advance.

“I know this was very much planned, I do not believe the party’s appeal committee will properly look into the matter,” he said.

“I do not trust the party’s internal mechanisms to deliver justice, therefore I shall not pursue the matter within the party.”

Asked whether he would join another party, Mahloof revealed that he had been in contact with both former President Mohamed Nasheed and Jumhooree Party (JP) Leader Gasim Ibrahim, “but no arrangements have been made so far.”

“I need some time to think this through. I will decide on whether I should join a party or not after some contemplation and consultation with my constituents,” he added.

“So far, the reaction from my constituents have been positive and supportive. They understand that I am standing up for justice and principles. This is not the end to my political career, I will always serve the people and no one can put a halt to my political career.”

In his Raajje TV appearance on Sunday night, Mahloof said President Yameen was misusing the PPM’s parliamentary majority and called for the immediate release of former President Mohamed Nasheed and former Defence Minister Nazim.

Mahloof alleged that police “framed” Nazim by planting a pistol and bullets in his apartments as a pretext for his arrest.

Nazim’s treatment by President Yameen’s administration was “a thousand times worse” than former President Nasheed’s arrest of Criminal Court Chief Judge Abdulla Mohamed during his tenure, he said.

Mahloof also criticised the PPM’s decision to sever its coalition agreement with the JP after Gasim Ibrahim stood for the post of Majlis speaker, adding that he had supported Gasim’s candidacy as maintaining the coalition would have preempted the present crisis.

Declaring his loyalty to Gayoom and vowing never to speak ill of the PPM leader, Mahloof claimed the former president was “not in the picture” and was not involved in the government’s decision-making process, adding that Gayoom was unhappy with the current administration’s direction.

However, the PPM put out a press release the following day denying any rift between PPM Leader Gayoom and his half-brother President Yameen.

Related to this story

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EU, UN join international chorus of concern over Nasheed’s arrest, terrorism trial

The United Nations (UN) and European Union (EU) have joined a growing international chorus of concern over former President Mohamed Nasheed’s arrest and surprise trial on terrorism charges.

In a statement today, the UN urged “fairness and transparency in regards to the legal proceedings” against the former president.

The Assistant Secretary-General for Political Affairs, Jens Toyberg-Frandzen in a telephone conversation with Foreign Minister Dunya Maumoon, “stressed the need for full respect for due process and transparency” in Nasheed’s trial.

He also appealed to the government to allow peaceful political dissent and to engage with the opposition in the interest of long-term political stability in the Maldives, the statement read.

At a first hearing yesterday, a visibly injured Nasheed appeared in court with his arm in a makeshift sling and repeatedly asked for medical attention and legal counsel.

Presiding Judge Abdulla Didi denied Nasheed bail and gave him three days to appoint a lawyer and answer charges.

The former opposition leader is to remain in police custody until the conclusion of the terrorism trial over the January 2012 detention of Criminal Court Judge Abdulla Mohamed.

The EU Heads of Mission and Ambassadors of Norway and Switzerland in Colombo in a statement this evening said the delegation was “very concerned” over Nasheed’s arrest and was seeking clarification as to the nature of the terrorism charges.

“Equally, reports of former President Nasheed having effectively been denied appropriate legal representation at the court hearing on 23 February 2015, are of great concern,” the statement read.

“The EU Delegation reiterates the importance of respect for democratic principles, including respect for the rule of law, for the Constitution, for due legal process and for the independence of the judiciary.”

Foreign Minster Dunya Maumoon has hit back at the UN, and previous statements by the Commonwealth and Canada, expressing disappointment over what she called biased statements.

“Those who prefer to issue public statements about an on-going legal case, or on a domestic political situation, are advised to do a basic fact-check, before bandwagoning on to accusations made by a political party,” a press release by the Foreign Ministry this afternoon said.

Dunya insisted the police followed due process and standard procedure in arresting Nasheed and presenting him at court.

“The Government of President Abdulla Yameen Abdul Gayoom will not take instructions from a foreign government on any issue in governing the country,” she said.

She urged foreign countries and international organisations to “refrain from acts and signals that could undermine the sovereignty of independent states,” and said President Abdulla Yameen’s government “will implement to the letter, the decisions and verdicts of the Courts.”

It added that Nasheed was arrested with a court warrant and presented before a judge within 24 hours in accordance with “normal procedure,” after which the judge granted the former president the opportunity to appoint a lawyer.

However, Nasheed was brought to court more than 24 hours after the arrest for the first hearing of a trial on terrorism charges, rather than a remand hearing.

Meanwhile, the Asian Centre for Human Rights has called “upon the United States, European Union, India, Singapore and others to impose a travel embargo on Prosecutor General Muhthaz Muhsin and presiding Judge Abdulla Didi for the illegal arrest and detention of Mr Nasheed.”

“The arrest and detention of former President Nasheed on terrorism charges is a grotesque act of political vendetta. The accountability of Prosecutor General Muhsin and Presiding Judge Didi must be established, including under universal jurisdiction for meting out torture, inhumane and degrading treatment to former President Nasheed in the court premises,” stated the ACHR’s Director Suhas Chakma.

Related to this story

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Foreign Minister Dunya slams Canada, Commonwealth statements on Nasheed prosecution

Foreign Minister Dunya Maumoon has slammed statements issued by the Commonwealth and Canada expressing concern over the denial of legal representation to former President Mohamed Nasheed at the first hearing of his terrorism trial yesterday.

At a press conference today, Dunya dismissed Canadian Foreign Minister Rob Nicholson’s statement as “blatantly untrue.”

Nicholson had called Nasheed’s detention and denial of constitutional rights “abhorrent.”

“[Nicholson] had described Nasheed’s arrest as unlawful or illegal. Nasheed was arrested in relation to the kidnapping or unlawful detention of the Chief Judge of Criminal Court in 2012. That act was illegal by all international laws and principles” said Dunya.

Nasheed appeared in court yesterday with his arm in a makeshift sling after police officers manhandled the former president outside the court building when he attempted to speak with journalists.

The Commonwealth meanwhile stated that Secretary-General Kamalesh Sharma was “concerned to note reports that former President Nasheed was denied the right to legal representation”.

Responding to the statements, Dunya said: “To criticise us in public statements with lies or biased with having only heard the oppositions point of view is not acceptable. The government will not accept these statements and will not pay any attention to them.”

She added that the Maldives has long been an independent and sovereign country, “and we do not want to be under any foreign influences or under a colonial power. No foreign power can tell Maldives what to do under President [Abdulla] Yameen.”

“Wronged”

Dunya said the Maldives does not have a significant relationship with Canada.

“I don’t think they know what actually is happening in here,” she suggested.

“Canada is a very influential country in the Commonwealth. Big countries do influence [the Commonwealth] and especially if they are funding and assisting the Commonwealth, then the organisation will do what they want.”

Dunya also said the Maldives would not accept the Commonwealth’s offer of expert legal assistance.

“[The Commonwealth] wants to provide us with their expertise but we simply do not want it. We have other ways, countries ready to help and even our own way of consolidating democracy here,” she said.

Questioning the value of the Maldives remaining a member state of the Commonwealth, Dunya said the organisation had “wronged” the Maldives by placing the country on a watch-list in the wake of the controversial transfer of power in February 2012.

While the Commonwealth Ministerial Action Group (CMAG) had suspended the Maldives and placed the country on its formal agenda, Dunya noted that a Commonwealth-backed Commission of National Inquiry (CoNI) later concluded that the transfer of power was constitutional.

“So we want to say to the Commonwealth, you have wronged us in the past and you are still mistreating us,” she said.

“We don’t get much aid or development from being a Commonwealth country. In 2012, Maldivians questioned the importance of us remaining in the Commonwealth. I am sure the question will arise again.”

She added that President Yameen would make a decision on whether to remain in the Commonwealth.

“Strategic misrepresentation of basic facts”

Dunya went on to say that she did not believe Maldivians could be adversely affected as a result of the government’s stand.

“Looking at the history, even if we are to face any problems [from the international community] we have to adhere to our principles, our methods and especially our independence and sovereignty,” she said.

Dunya also issued a statement today casting doubt on the Commonwealth’s assertion that it was “closely monitoring” the situation in the Maldives, noting that the Commonwealth Secretariat had not contacted the ministry over the past few days.

“On the contrary, I initiated a phone call to the Secretary General last night in which we exchanged views about issues of mutual concern in the Commonwealth and in the Maldives. I therefore regret the strategic misrepresentation of basic facts in the Secretary General’s statement,” reads Dunya’s statement.

It added that Nasheed was arrested with a court warrant and presented before a judge within 24 hours in accordance with “normal procedure,” after which the judge granted the former president the opportunity to appoint a lawyer.

However, Nasheed was brought to court more than 24 hours after the arrest for the first hearing of a trial on terrorism charges, rather than a remand hearing.

The former president appeared at the hearing without legal representation.

Citing new regulations, the Criminal Court informed Nasheed’s legal team on Monday morning (February 23) that the lawyers had to register at the court two days in advance despite being unaware of the trial until the former president’s arrest less than 24 hours ago.

Dunya, however, insisted that that police “followed the standard procedure and due process.”

“I wish to recall that the Commonwealth Secretariat had misread the situation in the Maldives once before, in 2012 and presented it to the CMAG, which took punitive measures against the country,” Dunya noted in her statement

“The Maldives, however, emerged from the situation vindicated by the CoNI Report. The government is hopeful that the Commonwealth will not repeat the same mistakes again.”

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Nasheed’s lawyers name Judges Didi, Yoosuf as witnesses, request their withdrawal from terrorism trial

Additional reporting by Mohamed Saif Fathih and Ismail Humaam Hamid

Former President Mohamed Nasheed’s lawyers have named two of the three judges overseeing the opposition leader’s terrorism trial as witnesses, and requested the pair to excuse themselves from the bench.

In a letter to the Criminal Court today, lawyer Hassan Latheef asked Judge Abdulla Didi and Abdul Bari Yoosuf to step down, noting that the two were present with Judge Abdulla Mohamed at his residence during his arrest by the military.

The two judges witnessed the conversation between Judge Abdulla Mohamed and military officers, and could testify he had not been kidnapped as charged by the Prosecutor General, Latheef contended.

Nasheed is being prosecuted for the judge’s detention under the Prevention of Terrorism Act of 1990, which criminalises kidnappings and abductions. The offence carries a jail term between 10 and 15 years.

At a first hearing yesterday, Judge Abdulla Didi gave Nasheed three days to appoint a lawyer and answer charges. The former president is to be kept in police custody until the end of the trial.

Speaking to Minivan News, Nasheed’s lawyers continued to express concern over bureaucratic delays in both appealing the Criminal Court’s arrest warrant and registering to represent him at the next hearing on Thursday.

The Commonwealth, India, US, and Canada have expressed concern over the former president’s arrest and denial of right to legal counsel and appeal.

Medical attention

A police spokesperson confirmed to Minivan News that Nasheed was brought to Malé at 2:20pm today for medical attention upon his request. But neither his lawyers nor his family were informed. 

Nasheed limped into the courtroom yesterday using his tie as a makeshift sling for his arm. He claimed police officers had broken his arm and repeatedly asked for immediate medical attention.

The Maldives Police Services’ Superintendent Hamdhoon Rasheed denied allegations of police brutality last night, claiming Nasheed had staged his own fall.

Rasheed said Nasheed’s fingers and arms were not hurt according to doctors at the Dhoonidhoo Island Detention Center.

Nasheed’s legal team said they are not certain if police had arranged for an x-ray as advised by the doctor.

A police spokesperson declined to comment on the matter, stating: “medical assistance and attention will be given to all detainees under police custody.”

Nasheed’s lawyers have now requested Home Minister Umar Naseer to transfer him to house arrest.

“We are extremely concerned about the safety and security of President Nasheed, especially after what we saw yesterday in front of the court house. The police brutalised President Nasheed in front of the press and he is physically hurt,” Latheef said.

Judge Didi ordered the police to provide Nasheed appropriate medical care while he remains in custody.

Appeal delayed

Lawyers were unable to appeal the Criminal Court issued arrest warrant today as the forms required Nasheed’s signatures and had to be submitted to the Criminal Court before noon.

New appeal regulations state appeals of any court ruling must be first submitted to the court responsible for issuing the ruling. The court would then forward the forms to the appellate court.

Nasheed’s five-member legal team attempted to file an appeal on Monday, but were unable to do so due to the Criminal Court’s failure to provide the forms.

Lawyers said the Supreme Court’s new regulations impede the right to appeal as enshrined in the constitution.

The opposition Maldivian Democratic Party (MDP) has meanwhile requested the Human Rights Commission of the Maldives (HRCM) to investigate the police’s treatment of the former president, his arrest and proceedings of the terrorism trial.

HRCM member Jeehan Mahmoud confirmed the commission’s staff had visited the former president at Dhoonidhoo last night, but declined to give further details.

In a statement condemning the police’s unlawful use of force yesterday, the HRCM also called on the police to provide Nasheed with medical attention immediately and ensure he is afforded all constitutional rights.

The Police Integrity Commission was not responding to calls at the time of press.

Speaking to Minivan News, a spokesperson from the Prosecutor General’s Office today insisted the office was following due process in charging Nasheed with terrorism.

The PG’s office had initially charged Nasheed with arbitrary detention under the soon to be outdated Penal Code, but withdrew charges on February 15 for further review.

A statement issued on Sunday said Prosecutor General Muhuthaz Muhsin had decided “the best way [forward] in this case is to change the charges raised against Mohamed Nasheed and the court in which it was filed”.

“Therefore, as the case against Mohamed Nasheed is in the court process, we note that it is not desirable for politicians, some members of the public, political parties, and some media to talk in a way that both creates anxiety among the public about verdicts issued by courts and causes loss of confidence in independent institutions created by the constitution,” read the statement.

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