Court extends detention of Afrasheem murder suspects, MDP raises concerns of ‘politically motivated’ arrests

Additional reporting by Ahmed Nazeer.

The Criminal Court has opted to extend the detention period of four suspects accused of involvement in the murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali, as parliament’s ’241′ Security Services Committee today meets to discuss politician safety.

Authorities today confirmed that the four suspects, which the opposition Maldivian Democratic Party (MDP) has alleged include two “front-line activists”, would be kept in custody for an extra 15 days as the investigation into the murder of the MP continued.

The high profile murder has been met with growing speculation from politicians over potential political or religious motives, yet police have so far provided no details on the nature of the murder, despite allegations and counter claims appearing in the media.

The MDP yesterday  expressed concern that the “brutal murder of a respected and elected member of the Parliament” was potentially being used to frame political opponents. The party has therefore called for “calm and restraint”, while also slamming the President’s Office for issuing statement claimed to connect the attack to former President Mohamed Nasheed.  Along with condemning the murder, Nasheed this week praised Dr Afrasheem for his moderate views on the country’s Islamic identity.

According to a BBC report earlier this week, the President Office’s Media Secretary “sent out a text describing  MP Afrasheem as the ‘strongest critic’ of Nasheed.”

Rules and regulations

Despite the allegations, Director of the Department of Judicial Administration Ahmed Maajid told Minivan News today that the extension of the suspects’ detention period was in accordance with rules linked to ongoing police investigations.

“Under this regulation, the police must produce anyone arrested on suspicion of criminal activity before a judge within 24 hours. The judge may order for the detention to be extended for a period of up to 15 days if the police can convince the court that a suspect needs to be detained for investigation,” he said. “In reviewing this order, the judge would consider such factors as the nature of the crime and the possibility of the suspect tampering with evidence if released for example.”

At the time of press, Maajid was unable to confirm the identity of the judge who had granted the detention extension, adding that such details could not be granted without receiving a written notice from the media. He added that the judge’s ruling had been consistent with similar investigations.

Police Spokesperson Sun-Inspector Hassan Haneef meanwhile confirmed there had been no further developments within its investigation, beyond the detention of four suspects for questioning in the case.

The Maldives police service have not so far given the identities of the suspects being detained as part of ongoing investigations.

However, the MDP yesterday released a statement claiming lawyers representing party activists Mariyam Naaifa and Ali Hashim had confirmed they had been detained as part of an investigation into the murder.

“The MDP has strongly condemned the gruesome murder of the member of parliament and scholar Dr Afrasheem Ali in the early hours of October 2, 2012,” the party claimed. “While the country is going through a difficult time following the murder of Dr. Afrasheem Ali, the MDP is deeply shocked and disturbed by the manner in which Maldives Police Services (MPS) is conducting their investigation into the incident.”

Aside from the detention of two party activists, the party added that its protest camp at the contested ‘Usfasgandu’ protest area in male’ had been searched by police officers using metal detectors yesterday.  The party has alleged that officers on the scene had confirmed the search was related to the murder of MP Afrasheem.

Speaking to Minivan News today, MDP Spokesperson and MP Hamid Abdul Ghafoor alleged that public faith in the police’s ability to conduct impartial investigations was low.

“People have lived with it their whole lives. They have been indoctrinated into silence,” he claimed.

Dhivehi Rayyithunge Party MP (DRP) Ali Azim told Minivan News that the ’241′ Security Services Committee was today summoning Commissioner of Police Abdulla Riyaz to get an update on the progress of the ongoing investigation into MP Afrasheem’s murder.

Azim, a member of the security committee, claimed ahead of today’s meeting that it would be used to try and establish whether there was evidence to suggest the attack was politically or religiously motivated.

Aside from the ongoing murder investigation, media regulator the Maldives Broadcasting Commission (MBC) was also being summoned today over concerns about the media’s role in spreading “hatred” about MPs in the country.

While accepting that the constitution called for the allowance of freedom of speech within the media, Azim claimed that there were limits, alleging that the national press were not being held sufficiently accountable for their work.

“The media has been accusing MPs of wasting taxpayers’ money; of suggesting not enough work is being done and saying that no laws are being passed,” he said. “I don’t think these accusations should be there. A few TV, radio and online media services has been accusing MPs of these things.”

Azim said he accepted that media had a role to hold MPs accountable for their work, but questioned the accountability in turn being required of the country’s journalists.

The MP stressed that the outcome of today’s meeting, which was still ongoing at the time of press, remained confidential and that he would be unable to elaborate further on its outcome.

“Free speech”

Speaking to Minivan News today, Maldives Journalist Association (MJA) President Ahmed ‘Hiriga’ Zahir said that he had not been given any information surrounding the MBC being summoned before the security committee.

Hiriga said that the MJA would await the outcome of the MBC’s meeting before making any official comment on the matter, but added that local media should continue to be able to practice free speech as long as it was accurate.

“I think there are a number of issues that we need to address in the Maldives media right now regarding ethics,” he said. “But our stand has always been that we stand against efforts to undermine the work of journalists and the right to a free media here in the Maldives.”

Hiriga added that while the media had “no right to lie” to members of the pubic, it was nonetheless vital to ensure freedom of the speech was being upheld in the Maldives.

“If some media for instance want to support the government or a certain political side, we have no issue with that, but the information provided must be accurate.”

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Comment: State-sponsored fundamentalism and lack of freedom of speech to blame for violence, not protests

Dear Dr Hassan Saeed,

I would like to express the following comments in response to your letter in The Guardian today, ‘Violent protests in the Maldives’.

Rather than suggesting that the recent increase of violent behaviour in the Maldives is a direct result of MDP protests, it would seem more obviously related to the state-sponsored fundamentalism and lack of freedom of speech which has been endemic over the last few months.

This has engendered an increasingly intolerant attitude in Maldivian society, silencing scholars promoting a moderate, progressive version of Islam and spawning hate-mongering through threatening videos and websites etc.

With regard to your assertion that Mr Nasheed is being ‘investigated’ by your ‘completely independent’ judicial system, the fact is that he has been investigated by the police, who can not be independent of the government, since they take their orders from the Minister of Home Affairs.

Furthermore, Mr Nasheed is being treated differently from other people by the courts, for example, prioritising his case, whilst there are 2000 criminal cases, including murder, child abuse and rape, pending for years in the criminal courts. Most of the accused in these cases are at liberty.

Lastly, whilst you ask that Amnesty International report alleged abuses to the Human Rights Commission and the Police Integrity Commission, the recommendations of these institutions are not meaningfully considered by your government.

The policeman Mr Ali Ahmed was found in violation of law by the Police Integrity Commission on charges of abuse and criminal assault and it was recommended that he be dismissed. However, your Home Minister decided to reward him by giving him a promotion. When the Prosecutor General filed charges against him, the ‘independent judiciary’ dismissed the charges on procedural grounds.

The future of democracy must be based on freedom of speech and respect for human rights, as outlined in the celebrity letter.

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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Police arrest four in connection with murder of MP Afrasheem

Police have arrested four suspects in their investigation into the murder of Progressive Party of the Maldives (PPM) MP Dr Afrasheem Ali.

The member for Ungoofaaru constituency in Raa Atoll was murdered on Monday night shortly after returning home from appearing on the TVM show, “Islamee Dhiriulhun” (Islamic Life).

The show finished around 11:00pm.  Afrasheem’s body was discovered by his wife at the bottom of the stairs of their apartment building shortly after midnight.

The MP had been hit four times in the back of the head and a chunk of his skull was missing. He also suffered stab wounds to the chest and neck, according to reports at the time. He was buried on Tuesday after Asr prayers with full state honours.

Assistant Commissioner of Police Hassan Habeeb in a press briefing today revealed that three men and one woman had been arrested, but declined to identify them as it could “hinder the ongoing investigation.”

Habeeb urged the public to provide any information relating to the murder case. He said police were particularly interested in speaking to anybody who had seen Dr Afrasheem or his car between 10pm to 11pm the night he was murdered.

He also declined to confirm reports appearing within local media that the arrested female was a member of the Maldivian Democratic Party (MDP).

MDP activist Mariyam Naifa was arrested in Male’s Dolphin Cafe on Tuesday night, and will appear in court at 7:00pm on Wednesday. Naifa’s lawyer said she was arrested in connection to intelligence received by police in the Afrasheem case. Supporters began a campaign for her release on social media.

“We are not arresting people based on their political affiliations,” Habeeb insisted during today’s press conference.

Meanwhile, police on Wednesday conducted a search of the MDP’s protest camp at Usfasgandu. Police did not confirm if the search of the site with metal detectors was related to the death of Afrasheem.  However MDP MP Eva Abdulla, who was at the site when police arrived, claimed an officer had informed her that the area was being searched in connection with the Afrasheem case.

Police on May 29 raided the site on the pretext that it was being used for the practice of black magic, discovering what they claimed was black magic paraphernalia and a packet of condoms.

Police meanwhile today disputed allegations in local media that they had made a decision to withdraw MP Afrasheem’s security shortly before his death.

Deputy Police Commissioner Hussain Waheed told reporters that Afrasheem had contacted him on September 5 requesting security be provided.

According to local newspaper Haveeru, Deputy Commissioner Waheed said Afrasheem had called for police protection twice as of September 22, but had then informed him “that I’m quite cool and relaxed now.”

Waheed said Afrasheem had not elaborated as to why he had requested protection in the first place, claiming only that he was experiencing “trouble” from certain people.

Condemning the attack

The Inter-Parliamentary Union (IPU) has condemned Dr Afrasheem’s murder, “the first MP to have been killed [amid] constant political tensions in the Maldives [that] have led to many serious outbreaks of violence.”

“The death is the latest and most tragic act of violence in a country that has been in a political crisis since the start of the year,” the IPU stated.

“The organisation is seriously concerned of reports that other MPs are receiving death threats, including through social media channels such as Twitter. A number of Maldivian MPs are registered with the IPU Committee on the Human Rights of Parliamentarians because of the violence, intimidation and political harassment they are suffering. The IPU will be monitoring them and following up on developments in Maldives very closely to help ensure their safety,” the international group stated.

Former President Mohamed Nasheed, currently campaigning in the southern atolls of the country, condemned Afrasheem’s murder and called for people to embrace the moderate Islamic views of the murdered religious scholar.

Local media reported that the MDP held a minute’s silence during its rally on Kolamaafushi in Gaa Alif Atoll.

UN Resident Coordinator Andrew Cox issued a statement calling for “mourning, reflection, and national unity.”

“Dr. Afrasheem distinguished himself in many ways, as a public servant, an accomplished scholar and as a member of parliament. Our thoughts are with his family, friends and colleagues in the People’s Majlis,” the statement read.

Amnesty International condemned the “shocking act of violence”.

“We call on the Maldives authorities to ensure that the investigation into the killing meets international human rights standards, and that no suspect is ill-treated or tortured,” said Abbas Faiz, Amnesty International’s Researcher on the Maldives.

“Given the current tense climate in the Maldives, all political actors must show restraint and ensure that this killing does not lead to more violence,” Faiz stated.

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MP Afrasheem buried as world condemns his murder

Dr Afrasheem Ali, Islamic Scholar and MP for Ungoofaaru, was buried shortly before 5:00pm at Asahara cemetery in Male’.

Thousands gathered for the funeral prayers which took place at the Islamic Center. The prayers were led by former President and leader of Afrasheem’s party Maumoon Abdul Gayoom.

Long queues of those wishing to pay their last respects formed by Republican Square, where the national flag will fly at half mast for the next two days.

Local news source Sun Online covered the day’s events via a live feed.

Sun reported that arrival of the members of Afrasheem’s family in Male’ this morning, as well as the presence of several MPs at the Islamic Center – today’s session of the Majlis was cancelled.

The MP was subjected to a brutal attack last night when returning to his home after appearing on state television.

Afrasheem’s wife found his body, displaying multiple stab wounds to the head and back, at the foot of the stairs outside their home.

A councillor from Afrasheem’s home island told Haveeru that the community had come to a virtual standstill following news of its MP’s death.

“Many still find it hard to believe that Afrasheem is gone. Their faces show despair,” council member Hussain Najeeb told the paper.

Afrasheem’s coffin was draped in a Maldivian flag, which was handed to his son shortly before the final burial.

Reaction

Afrasheem’s murder has made headlines around the world, with news agencies such as the BBC, CNN, and the Wall Street Journal carrying the news of the Majlis member’s death.

Politicians and institutions of all stripes have today joined with the mourning nation in condemning the slaying and calling for swift justice.

The Maldivian Democratic Party, Adhaalath Party and Afrasheem’s own Progressive Party of Maldives released statements to this effect.

Speaking to local media from the ADK hospital, where Afrasheem’s body was initially taken, Gayoom told Sun Online that the Maldives had lost a talented and unique scholar.

“He was a great teacher. We lost a scholar today, and I am saddened by this. I strongly condemn this act. God willing, the perpetrators will be found and brought to justice through a Court process,” said Gayoom.

Vice President Waheed Deen told local media there would be swift retribution for the crime.

“Law enforcement authorities will not stop until a result is obtained within 24 hours. The investigation won’t leave a stone unturned,” he said.

Former President Mohamed Nasheed, currently campaigning in the SouthernAatolls took to social media to declare his sharing of the nation’s fear and sadness following the murder.

Local media cited “reliable sources” in saying an arrest had been made just before 5:00am this morning, although – more than 12 hours later – Police Spokesman Sub Inspector Hassan Haneef told Minivan News that police were unable to confirm this.

The police have set up a toll free number which can be used for anyone with information regarding the murder: 334 0026.

Numerous institutions including the Elections Commission, the Judicial Services Commission, the Islamic Foundation of the Maldives, and the United Nations have released statements.

The United Nations, on its International Day of Non-Violence, condemned the murder of an “accomplished scholar”.

“The United Nations team in the Maldives is shocked by the murder of Member of Parliament Dr Afrahshim Ali. The United Nations condemns this crime in the strongest possible terms, and hopes justice will be brought to bear,” read the statement.

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Court asks police to present Nasheed at rescheduled trial

Former President Mohamed Nasheed today began touring the country’s Southern Atolls less than 24 hours after boycotting a trial against him in protest at what he and the Maldivian Democratic Party (MDP) allege is a lack of independence within the nation’s judiciary.

However the Department of Judicial Administration today confirmed that police were “to produce” Nasheed at a rescheduled hearing at 4:00pm on Sunday, October 7.

Department Director Ahmed Maajid told Minivan News that despite the order, the former president was “not to be detained”.

With the campaigning beginning today in Gaafu Alif Atoll, the MDP has claimed that uncertainty remains over whether Nasheed would be able to complete the tour without being taken into custody by authorities.

Despite the Department of Judicial Administration’s order, no official communication from authorities has so far been received by the MDP following Nasheed’s decision to boycott his trial, contravening a court order requiring him to remain in the capital.

The court hearing was to be the first in the case concerning Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed, while in office.

The government meanwhile has told the Agence France Presse (AFP) news service that the former president could be taken into custody should he fail to comply with a second summons for his trial over the detention of Criminal Court Chief Judge Abdulla Mohamed.

“The court will issue him another summons,” President’s Office Media Secretary Masood Imad told the AFP.  “After the second summons, if he does not comply, the standard procedure is they (the court) will instruct the police to bring him in.”

Both Masood and President’s Office Spokesperson Abbas Adil Riza were not responding to calls from Minivan News at the time of press.

Home Minister Dr Mohamed Jameel Ahmed told Minivan News that the existing protocols relating to a defendant failing to attend their trial were a matter of judicial process that were applied to any defendant, regardless of their position.

“Nasheed or anyone else is subjected to the same set of rules governing trials when they face criminal charges,” he claimed. “The state would not commit any act which would amount to contempt of court whenever it is asked to assist in bringing a suspect to court who wilfully avoids an appearance or absconds a trial.”

Prosecutor General Ahmed Muizz was also not responding to calls from Minivan News at the time of press.

MDP Spokesperson and MP Hamid Abdul Ghafoor, who is travelling with Nasheed as part of the party’s 14 day tour, said that no official correspondence had been received from authorities at present concerning Nasheed’s decision not to attend yesterday’s trial.

“[The authorities] have done everything they can to try and stop this tour, though we have just arrived and the party is in good spirits,” he said.

When questioned if the MDP was confident Nasheed would be able to complete the tour following his decision to defy court rulings against him, Ghafoor said it remained too early to tell at present.

“Obviously we hope he will be able to complete the tour, but they might come and get him at some point. We will have to wait and see,” he said. “We have just arrived at our first destination on Kolamaafushi, the island is very yellow (the official colour of the MDP), it is quite a thing to see.”

Another source travelling with Nasheed as part of the tour, who asked not to be identified, told Minivan News that there had been no communications so far between the former president’s representatives, the government or the courts.

The source claimed that from their own understanding, Nasheed was being treated under standard protocols employed against any Maldivian national failing to attend a criminal trial, with a second summons expected to be issued by the courts at a later date.  A failure to comply with this second order would likely see police ordered to bring the former president to court, they added.

Boycott decision

Nasheed’s departure to participate in his party’s ‘Vaudhuge Dhathuru’ (Journey of Pledges) campaign in the country’s southern atolls reflected a wider MDP decision to no longer follow any orders given by the courts of the Maldives until changes proposed by international entities were brought to the Maldivian judicial system.

Nasheed’s controversial decision to detain Judge Abdulla in January 2012 followed the judge’s repeated release of former Justice Minister – and current Home Minister – Dr Mohamed Jameel, in December 2011, whom the government had accused of inciting religious hatred over the publication of his party’s pamphlet, ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

The former government government further accused the judge of political bias, obstructing police, stalling cases, having links with organised crime and “taking the entire criminal justice system in his fist” so as to protect key figures of the former dictatorship from human rights and corruption cases, among other allegations.

Nasheed justified the judge’s arrest based on his constitutional mandate to protect the constitution. Judge Abdulla had in September 2011 received an injunction from the Civil Court preventing his investigation by the Judicial Services Commission (JSC), the watchdog tasked with overseeing the judiciary, which complied with the ruling.

Former President’s Member on the JSC, Aishath Velezinee, has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

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“Fragile democracy under threat”: Richard Branson, Ed Norton among signatories for fresh elections

Business tycoon Richard Branson and ‘Fight Club’ actor Ed Norton are among dozens of international celebrities and activists who have signed a letter calling for the Maldivian government to halt harassment of the opposition and “hold democratic elections at the earliest opportunity.”

The letter, published in the UK’s Guardian newspaper, expresses concern over former President Mohamed Nasheed’s “island arrest”.

“The ban was then followed by a series of orders to appear in court this week on spurious civil and criminal charges – a strategy of legal harassment pursued by the illegitimate regime of Mohamed Waheed. Its sole purpose is to sideline Nasheed from active politics and further stamp out any political opposition,” the letter stated.

President’s Office Spokesperson Masood Imad told Radio Australia on Tuesday that the government on assumption of office “made it clear we would in no way interfere with the process of the judiciary. The judge summoned Mr Nasheed but he absconded. I believe he will be summoned again and if he does not appear in court, he will issue an order for his arrest.”

The letter further stated that “the outlook for democracy in the Maldives is deteriorating. The circumstances surrounding Nasheed’s removal from power earlier this year remain a matter of dispute, but other matters are beyond doubt.”

Specifically, it noted that “no date has been set for free and fair elections by this unelected regime, which has links to former dictator Abdul Gayoom,” and that “nearly 2,000 peaceful demonstrators calling for elections have been detained by security forces, many beaten and hospitalised.”

“Sadly, much of this remains largely unreported by the world’s media. A young and fragile democracy is under threat once more and we therefore call upon [President] Mohamed Waheed to set a firm date for free and fair elections immediately, to end the culture of systematic police brutality and to release all political detainees including opposition leader Mohamed Nasheed.”

As well as Branson and Norton, signatories included Radiohead guitarist Thom Yorke, actress Darryl Hannah, 350.org founder Bill McKibben, the Eden Project’s Tim Smit, and philosopher and ethicist Peter Singer.

Norton, Branson and Hannah were fixtures at last year’s Slow Life Symposium held at the upmarket Soneva Fushi resort in the Maldives.

Branson first waded into Maldivian politics on his blog on February 24, calling on President Waheed to “do the right thing” and hold free and fair elections before the end of the year.

It was, Branson wrote to Dr Waheed, “completely astounding that you have been part of an overthrow of a democratically elected government that has effectively let the old regime back into power.”

“Knowing you, I would assume that you were given no choice and that it was through threats that you have ended up in this position,” Branson said. “I do very much hope that was the case rather than you doing it of your own free will.”

Days later, Branson wrote another entry, saying that he had spoken on the phone to Dr Waheed, who told him he had appointed “a respected person” to examine the truth of what caused President Nasheed to “resign”.

“He says that he didn’t know who issued an arrest warrant for President Nasheed after he left office but that it had been rescinded within 48 hours. He is determined to be an honest broker, to be seen to be one, and to get everyone’s confidence. He said that he offered to bring in people from President Nasheed’s party but they refused to join.”

A few days later, Branson wrote a third post, resuming his first call for early elections “as soon as feasibly possible”.

The Soneva Group meanwhile found itself embroiled in local politics in August, composing a statement in response to allegations published in the UK media that the company’s head, Sonu Shivdasani, had engaged a PR firm to “spruce up” the image of Dr Mohamed Waheed’s government.

The article in Private Eye magazine contended that post February 7, an “unlikely alliance” had emerged between certain resorts – desperate to stabilise the sudden political instability for the sake of their bottom lines – and the new government, a loose alliance of ambitious political elements who came to power on a platform of Islamic conservatism.

“The reality is that the Maldives – already favoured by footballers, Russian gangsters and off-duty Israeli arms dealers – are an even harder sell since the coup has given us an unlikely alliance between hoteliers promoting bikini-clad, cocktail-fuelled luxury and a government that includes two imams, wants to bring back the death penalty and has done nothing about the destruction by supporters of the coup of the national museum’s entire pre-Islamic collection,” the article stated.

In a counter statement from the group, obtained by Minivan News, the company sought to clarify the “facts” of the case.

“Sonu Shivdasani does not have a political relationship with President Mohamed Waheed, their interaction revolves specifically around environmental and ecological issues,” the Soneva statement read.

A source within the Soneva Group described the situation as “a bloody mess”.

Shivdasani “completely fell for Waheed’s line that Nasheed didn’t resign under duress” and had – unsuccessfully – asked a number of PR agencies to set up interviews for the new President, Minivan News was informed.

The source surmised that Shivdasani had “innocently, stupidly, somehow believed Waheed”, and “gone out of his way to help [the new President].”

Soneva’s statement meanwhile disputed the resort’s motivation to support the new government as being based on supposed plans to amend a corporate tax bill implemented by Nasheed, as, “to the best of my knowledge, there are no plans by the current President Mohamed Waheed to reduce or eliminate this tax.”

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Interpol red notice issued for arrest of ‘Maleesha Hajj Group’ head

Interpol has issued a red notice to apprehend 42 year-old Ismail Abdul Latheef, the head of the ‘Maleesha Hajj and Umrah Group’ who is being sought on suspicion of fraudulently collecting funds from Hajj pilgrims.

According to local newspapers, the company’s office remained closed and the contact numbers given to the persons who paid are not in use. Clients of the company have no hope of getting to Mecca this year, according to reports.

Police Sub-Inspector Hassan Haneef told newspaper Sun that police had given Interpol information about Latheef two days ago.

The owner of the business allegedly collected MVR 68,000 (US$4400) from 175 persons who wished to go to Mecca this year to fulfill the Hajj, one of the five pillars of Islam.

Based on this amount, Latheef is thought to have fraudulently obtained up to MVR 11.9 million (US$77,0000).

Police have previously said that attempts are ongoing to locate and summon Latheef for investigation.

According to police, Latheef’s whereabouts are unknown. It was possible that he had fled the country, they stated.

Authorities have claimed that 52 complaints have so far been received over alleged payments made to the Maleesha Hajj and Umra Group.

Some people who paid to the company have also complained at different media outlets.

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PPM MP Dr Afrasheem found brutally murdered

Additional reporting by Mariyath Mohamed.

MP of the government-aligned Progressive Party of the Maldives (PPM), Dr Afrasheem Ali, was brutally stabbed to death outside his home on Monday night.

The member for Ungoofaaru constituency in Raa Atoll was murdered after returning home from appearing on the TVM show “Islamee Dhiriulhun” (Islamic Life) with Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

The show finished around 11:00pm, and Afrasheem’s body was discovered by his wife at the bottom of the stairs of their apartment building shortly after midnight.

The MP had been stabbed four times in the back of the head and a chunk of his skull was missing, according to reports on VTV. He also suffered stab wounds to the chest and neck.

The MP was rushed to ADK hospital where he was pronounced dead. The hospital was placed under heavy security.

Others present at the hospital in addition to police officers and citizens included former President Maumoon Abdul Gayoom, his daughter and State Minister for Foreign Affairs Dhunya Maumoon, his half-brother and People’s Alliance (PA) leader Abdulla Yameen, Speaker of Parliament Abdulla Shahid, Deputy Speaker Ahmed Nazim, Deputy of the PPM Umar Naseer, Defence Minister Mohamed Nazim, Tourism Minister Ahmed Adheeb, Dhivehi Rayithunge Party (DRP) Leader Ahmed Thasmeen Ali, Police Commissioner Abdulla Riyaz, Maldivian Democratic Party (MDP) Chairperson Reeko Moosa Manik, and a large number of MPs.

Much of the opposition’s senior contingent left for campaigning in the southern atolls yesterday, however the murder was widely condemned on twitter by its officials including Moosa, MP Sameer and the party’s UK Spokesperson Dr Farah Faizal.

In a live press conference shortly after 3:00am, Police Commissioner Riyaz called for restraint.

“I call on all to show restraint. I further call on all to not blame anyone at this time, and to not incite further acts in relation to this,” Riyaz stated.

Speaker Shahid – a DRP member – spoke from the hospital, announcing that parliament would be postponed until Wednesday.

“This will be observed as a national sorrow. I extend sincere condolences to Afrasheem’s family. I hope we can all act in unity in these sad times. I call on the investigative forces to solve this case and find those responsible for this heinous crime at the earliest possible time,” Shahid said.

“Dr Afrasheem Ali was very sincere in his work at the Majlis, and was honest and assertive. We always received his cooperation in the work of Majlis. We have lost a valuable son of the Maldives. May god bless his soul and grant him paradise.”

In a statement, the Ministry of Islamic Affairs noted Dr Afrasheem’s “valuable services”.

“The Ministry sends condolences to the family and prays the deceased is granted paradise. Minister Sheik Shaheem Mohamed Ali Saeed calls on the authorities to give the harshest possible punishment to those who have committed this brutal crime.”

President of the Human Rights Commission, Mariyam Azra, said she was “in complete shock”.

“I only heard of this when VTV called. I am in complete shock… I condemn this act. This should not at all occur in a society like ours. I pray that God blesses his soul and grants him paradise,” Azra told local media.

President Dr Mohamed Waheed Hassan has declared that the National Flag be flown at half-mast, from 2 October 2012 till the end of 4 October 2012.

There were unconfirmed reports that police had arrested a suspect in connection with the murder. Minivan News is trying to confirm this.

President’s Office Spokesperson Masood Imad meanwhile forwarded an SMS to foreign media declaring that “Nasheed’s strongest critic Dr Afrasheem has been brutally murdered.”

Background

Dr Afrasheem was elected to parliament in 2009 as a member of the then-opposition Dhivehi Rayithunge Party (DRP). Following the opposition’s split, Afrasheem sided with the Progressive Party of the Maldives (PPM) of former President Maumoon Abdul Gayoom, and faded into the political background.

Widely considered an Islamic moderate, Dr Afrasheem took outspoken and controversial positions on issues such as the permissibility of playing music, and praying next to the deceased.

Newspaper Haveeru reported on September 10 that Afrasheem had participated in a ‘scholar’s dialogue’ with Islamic Minister Sheikh Shaheem Ali Saeed, who had remarked on his conflicting positions on many issues compared to the majority of Maldivian scholars.

During his final television appearance last night, Dr Afrasheem spoke of there being no other God than Allah, and how he disagreed with some people who he claimed used different objects as a mediator.

Afrasheem insisted that he had never ever spoken of anything regarding religion which was not stated in the Quran or sayings of the Prophet (PBUH). He acknowledged that some people had raised questions about his stands, and said this could be due to misunderstandings.

As an example, he said he had been told recently by a local TV host that people were made kafir (non-believer) through certain acts, saying he had immediately responded that a believing Muslim could not be labelled a kafir just because he would not grow his beard or shorten his trousers, as long as he believed in the one God and the tenets of Islam.

Afrasheem also said that people in the Maldives and abroad who loved Islam sometimes made such statements, but said they did not really possess the knowledge of a scholar and that this position was wrong. Afrasheem stated that he was deeply saddened and asked for forgiveness from citizens if he had created a misconception in their minds due to his inability to express himself in the right manner.

He was attacked several times in 2008, including being hit in the head with a stone on May 27 on his way home from work, and was assaulted after he finished Friday prayers as an Imam in the Ibrahim Mosque in January. His car window was smashed while he was driving through Male’ on March 18, 2012.

The murdered MP was also formerly Parliament’s member of the Judicial Services Commission (JSC), until he was replaced in mid-2011 by Jumhoree Party (JP) Leader, resort tycoon Gasim Ibrahim.

The MDP had campaigned for Afrasheem’s removal from the judicial watchdog, after he dismissed Article 285 of the Constitution – demanding that all judges who do not meet its newly stipulated qualifications be dismissed after two years of it coming into force – as “symbolic”.

Afrasheem is the second member of the JSC to be stabbed in the street, following an attack on former President’s member on the commission, Aishath Velezinee, in early 2011.

Dr Afrasheem is to receive a State funeral and will be buried after Asr Prayers.

Dr Afrasheem’s final TV appearance prior to his murder:

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Nasheed fails to appear in court, defies travel ban

Additional reporting Daniel Bosley, Mariyath Mohamed and Mohamed Naahii.

Former President Mohamed Nasheed departed Male’ today to participate in his party’s ‘Vaudhuge Dhathuru’ (Journey of Pledges) campaign in the southern atolls, defying a court order that he remain in the capital.

Nasheed’s departure contravenes an order from the Hulhumale Magistrate Court last week that Nasheed be confined to Male’ ahead of his court trial, which was to be conducted at 4:00pm today.

Journalists in the courtroom were required to undergo heavy security screening and were stripped of mobile phones, recording equipment and notepads. However, 20 minutes later a court official stated that the hearing was cancelled as the defendant and his lawyers had failed to appear. A new date was not set.

Nasheed meanwhile held a rally from atop a yellow flagged dhoni in front of 500 demonstrators near the petrol jetty in the south of Male’, before departing with five vessels and hundreds of supporters. Minivan News observed no police presence in the area.

“Once they started to set up a fabricated court, bring in judges who are not judges of that court, and the whole structure of it is so… politically motivated, it is very obvious it is not meant to serve justice,” Nasheed told the BBC.

“We intend to find out in this trip to what extent we were able to fulfil our pledges during this party’s period in government,” Nasheed told his supporters. “This is a journey of pledges. This is a journey for justice. This is a journey where we become one with the citizens.”

The party and its senior leadership will visit over 30 islands during the 14 day trip, taking in the atolls of Gaafu Alif, Gaafu Dhaalu, Fuvahmulah and Addu.

Meanwhile, the court hearing was to be the first in the case concerning Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed, while in office.

Nasheed also faces charges of defaming Police Commissioner Abdulla Riyaz and Defence Minister Mohamed Nazim as “traitors”, following February 7’s controversial transfer of power. The first hearing in Riyaz’s case has been postponed indefinitely.

Nasheed’s Maldivian Democratic Party (MDP) has expressed deep concern over the legality of the court’s procedures regarding the trials, which it contends are a politically-motivated attempt to convict the former president and prevent him from running in future Presidential elections.

Following the court-ordered travel ban on Nasheed ahead of the party’s southern atoll election campaign, the MDP announced that it would no longer recognise the authority of the courts in the Maldives until changes proposed by international entities were brought to the judicial system.

“This all looks very ‘Myanmar’ – using the courts and administrative manipulation to restrict political party activity,” said MDP MP and Spokesperson Hamid Abdul Ghafoor at the time.

“While President Waheed was lobbying the Commonwealth to remove the Maldives from its human rights watch-list, his regime had detained the leader of the opposition.”

The concerns were echoed by Canadian Foreign Minister John Baird, a member of the Commonwealth Ministerial Action Group (CMAG) who recently downgraded the Maldivesfrom its formal agenda to a ‘matter of interest’.

“Canada is deeply troubled by the reported September 25 travel ban of former President Nasheed in Malé,” said Baird.

“The recently adopted Commission of National Inquiry (CNI) report has raised substantial concerns about the independence of the judiciary. That too causes Canada grave concern as we strive to assure independent open elections in the Maldives,” he added.

“President Waheed offered no substantial defence of these questions, which is a telling response in itself,” said Baird. “Canada finds the declining state of democratic values in the Maldives alarming and deeply troubling.”

The court has maintained that the travel restriction is normal procedure for defendants ahead of court trials.

The case

Nasheed’s controversial decision to detain Judge Abdulla in January 2012 followed the judge’s repeated release of former Justice Minister – and current Home Minister – Dr Mohamed Jameel, in December 2011, whom the government had accused of inciting religious hatred over the publication of his party’s pamphlet, ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

Nasheed’s government further accused the judge of political bias, obstructing police, stalling cases, having links with organised crime and “taking the entire criminal justice system in his fist” so as to protect key figures of the former dictatorship from human rights and corruption cases, among other allegations.

Nasheed justified the judge’s arrest based on his constitutional mandate to protect the constitution. Judge Abdulla had in September 2011 received an injunction from the Civil Court preventing his investigation by the Judicial Services Commission (JSC), the watchdog tasked with overseeing the judiciary, which complied with the ruling.

Parliament’s Independent Commissions Committee, the body mandated with holding the judicial watchdog accountable, took no interest in the matter.

The then-opposition began nightly protests over the judge’s detention, while the government sought assistance from the UN and Commonwealth for urgent judicial reform.

However, Nasheed resigned on February 7 amid a police and military mutiny the day after the Commonwealth team arrived.

Judge Abdulla was released, and the Criminal Court issued a warrant for Nasheed’s arrest. The warrant was not acted upon.

Former Defence Minister Tholhath, former Chief of Defence Force Major General Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are also facing charges for their role in detaining Judge Abdulla in January 2012.

The charges include a breach of article 81 of the Penal Code: “Arresting an innocent person intentionally and unlawfully by a state employee with the legal authority or power vested to him by his position is an offence. Punishment for a person guilty of this offence is imprisonment or banishment for 3 years or a fine of MVR 2000 (US$129.70).”

“The full story”

Former President’s Member on the JSC, Aishath Velezinee, has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

That moment at the conclusion of the constitutional interim period marked the collapse of the new constitution and resulted in the appointment of a illegitimate judiciary, Velezinee contends, and set in motion a chain of events that ultimately led to President Mohamed Nasheed’s arrest of Abdulla Mohamed two years later.

According to Velezinee, “the assumption that Abdulla Mohamed is a constitutionally appointed judge is based on a false premise, a political creation [which] ignores all evidence refuting this.”

“Judge Abdulla Mohamed is at the centre of this story. I believe it is the State’s duty to remove him from the judiciary. He may have the legal knowledge required of a judge; but, as the State knows full well, he has failed to reach the ethical standards equally essential for a seat on the bench.

“A judge without ethics is a judge open to influence. Such a figure on the bench obstructs justice, and taints the judiciary. These are the reasons why the Constitution links a judge’s professional qualifications with his or her moral standards,” she wrote.

“There is no legal way in which the Civil Court can rule that the Judicial Service Commission cannot take action against Abdulla Mohamed. This decision says judges are above even the Constitution. Where, with what protection, does that leave the people?” Velezinee asked.

“The Judicial Service Commission bears the responsibility for removing Abdulla Mohamed from the bench. Stories about him have circulated in the media and among the general public since 2009, but the Commission took no notice. It was blind to Abdulla Mohamed’s frequent forays outside of the ethical standards required of a judge. It ignored his politically charged rulings and media appearances.

“Abdulla Mohamed is a man who had a criminal conviction even when he was first appointed to the bench during President Maumoon Abdul Gayoom’s time. Several complaints of alleged judicial misconduct are pending against him. The Judicial Service Commission has ignored them all. What it did, instead, is grant him tenure – a lifetime on the bench for a man such as Abdulla Mohamed. In doing so, the Judicial Service Commission clearly failed to carry out its constitutional responsibilities. It violated the Constitution and rendered it powerless.”

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