Former President Nasheed fails to attend court hearing

Former President Mohamed Nasheed failed to attend his scheduled trial hearing at Hulhumale’ Magistrate Court today (February 10), an official from the Judiciary Media Unit has confirmed.

The former president, who is currently out of the country in India, was due to attend the second court hearing regarding the controversial detention of Chief Judge of the Criminal Court Judge Abdulla Mohamed in January 2012.

The Hulhumale’ Magistrate Court granted Nasheed permission to leave the country for India on February 5, however the former president is yet to return to the Maldives despite his permitted travel period expiring yesterday (February 9).

According to local media, a letter had been submitted to the Hulhumale’ Court on February 7 by Nasheed, requesting for his travel leave to be extended from 5:00pm today (February 10) until February 28.

However, the travel extension request was today denied by the bench of judges presiding over Nasheed’s case.

An official from the Judiciary Media Unit told Minivan News today that Nasheed’s hearing – scheduled for 4:00pm – had been cancelled after the former president failed to attend.

Asked as to what action the court will take regarding the matter, the official was unable to give a specific response, adding: “The courts will do something, but I do not know what that will be”.

According to the official, a new hearing for the trial is yet to be set by the court.

Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor told Minivan News today that while the party had “no comment” regarding Nasheed’s lack of attendance at the hearing, the MDP maintains that Hulhumale’ Magistrate Court is “not a legitimate court”.

“The party maintains that [Mohamed Nasheed] should not go to that court, and we have raised the administration issues already,” he added.

Nasheed’s Spokesperson Mariya Didi was not responding to calls from Minivan News at time of press.

Supreme Court appeal

Earlier today, the legal team of former President Mohamed Nasheed appealed to the Supreme Court regarding the High Court’s ruling in favour of the legitimacy of Hulhumale’ Magistrate Court.

Nasheed had previously appealed to the High Court in order to contest the Hulhumale’-based court’s ruling in regard to his trial on three procedural issues raised during an initial hearing of his case in October 2012.

Despite the former president’s appeal, a three-member judges panel at the High Court ruled on February 4 that there were no “legal grounds” to declare Hulhumale’ Magistrate Court and its decisions illegitimate.

Following the High Court’s ruling, an official from the Judiciary Media Unit confirmed to Minivan News that Nasheed’s legal team have now appealed to the Supreme Court.

Local media reported that Nasheed’s legal team had tried to file the appeal at the Supreme Court on Thursday (February 7), but that this was refused due to insufficient documentation.

Former President’s legal team had argued that the Hulhumale’ Magistrate Court could not hold hearings on a nearby island, therefore ruling out Male’.

Furthermore, a summoning order issued to Nasheed by the court on September 26, 2012, was inconsistent with existing laws, according to his lawyers.

Finally, Nasheed’s representatives claimed the Hulhumale’ Magistrate Court was formed in contradiction to the Judicature Act.

In a statement following the High Court’s verdict throwing out these procedural points, Nasheed said the decision “clearly means I will not be allowed a fair trial.”

Former MDP Chairperson MP Mariya Didi noted that the High Court concluded the case after only two successive hearings, adding that it seemed the Hulhumale’ Court “had prepared summons before the High Court judgement was even delivered.”

Home Minister Dr Mohamed Jameel – formerly Justice Minister during President Maumoon Abdul Gayoom’s 30 year government – has meanwhile told local media that swift prosecution of Nasheed before the Presidential Election was necessary to protect the “political and social fabric of the Maldives”.

“Every single day that passes without a verdict will raise questions over the justice system of the Maldives in the minds of the people,” Jameel told newspaper Haveeru.

Background

The Prosecutor General (PG) pressed charges against the former President in the Hulhumale’ Magistrate Court on the grounds that holding the trial in Male’ at the Criminal Court represented a conflict of interest on behalf of Chief Judge Abdulla Mohamed, whom the case concerned.

The Judicial Services Commission (JSC) appointed the three-member panel of judges to oversee the trial of the former president.

The Commission’s members include two of Nasheed’s direct political opponents, including Speaker of Parliament Abdulla Shahid – Deputy of the government-aligned Dhivehi Rayithunge Party (DRP) – and Gasim Ibrahim, a resort tycoon, media owner, MP and leader of the Jumhoree Party (JP), also a member of the governing coalition.

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PPM MP Ilham Ahmed to contest primary: “human nature to seek top office”

Vice President of the government-aligned Progressive Party of Maldives (PPM) and recently elected President of Football Association of Maldives (FAM), MP Ilham Ahmed, has said he may consider competing in the party’s upcoming presidential primary.

The Gemanafushi constituency MP told Minivan News he was considering contesting in the primary, but declined to give any details claiming that he had already given information to media.

Ilham told local media Haveeru that several supporters had called him and requested he contest.

Other candidates for the party’s presidential candidate include former Vice President of PPM Umar Naseer and PPM Parliamentary Group Leader MP Abdulla Yameen – half brother of former President Maumoon Abdul Gayoom.

The PPM has previously said the primary will  take place at the end of February although a specific date is yet to be announced.

“I am very seriously considering all the possibilities,” Ilham told Haveeru.

He also said his decision to potentially contest the primaries was not intended to split votes and defeat another candidate, as his competing would not disadvantage other contenders, he claimed.

“If a three candidate formula comes up in the primaries, it will be the ordinary party members who will make a decision,” he said.

He added that his presidential slogan would be “100 percent islanders’ presidency” or “vote for the 100 percent island man”, should he contest.

“When I compete for the presidential primary, people will consider whether to vote for candidates belonging to the capital Male’, or an islander,” he said.

Ilham further claimed it was a trait of “human nature” to always seek higher positions, and that he was no different.

“I also have the right to contest the primary. I am the Vice President of one of the largest political parties in the country. The largest association in the country is FAM. I have been elected the FAM president. Therefore I also have that interest to go for a higher post. That is human nature,” he said.

“When I am already elected as Vice President of PPM and President of FAM, people will obviously ask me to contest in the PPM primary and give me their support,” he added.

Ilham said it is very important that a presidential candidate of PPM maintain a good relationship with other government-aligned parties, suggesting that it was very difficult to predict who those parties would support in the event of a run-off election.

He added that the only way for PPM to win the election in the first round was to seek the support of other government-aligned parties including business tycoon Gasim Ibrahim’s Jumhoree Party (JP), Dr Hassan Saeed’s Dhivehi Qaumee Party (DQP) and the religious conservative Adhaalath Party (AP).

“We need to have a very good relationship with [other coalition parties]. It is important not to attack them on podiums and other political platforms. A coalition agreement is only possible if we have a good working relationship [with them]. I refuse to rule out the possibility that any of them may join forces with former President Mohamed Nasheed,” he said.

He also contended that his age and lack of experience were not a challenge to a government, should he be elected as president.

“I believe that being 36 years-old means I am very young. But, by the will of Allah, if I get elected as president, I would not be alone. I would also have a very tough team. That means, when I become president, current Defense Minister Mohamed Nazim would remain in his position. Current Tourism Minister Ahmed Adheeb will be given the same position. Finance Minister Abdulla Jihad will also stay in his position,” Ilham said.

Team Umar welcomes Ilham as a contender

Speaking to Minivan News, Senior member of Team Umar and PPM Youth Wing President Ibrahim Nazim said Umar’s team would welcome Ilham as a challenge should he decide to contest in the primaries.

“The PPM is a very open and a democratic party. We welcome any potential contenders. It shows the strength of the party’s internal democracy,” he said.

However, Nazim said that according to feedback from party members, Umar Naseer is the only candidate who would be able to win the primaries and that his team was expecting a “landslide” victory.

“The only person who can beat Umar Naseer is former President Gayoom. Even Ilham has his supporters too, but he will not be able to beat Umar Naseer,” he said.

According to Nazim, Umar Naseer is backed by a large majority of grass root members and members who have backed former President Gayoom since the formation of political parties in the country.

Nazim also alleged that some people are joining PPM with the sole intention of electing a certain candidate, but said that those tactics would be useless given Umar’s support base.

MP Yameen Abdul Gayoom – who is also contesting the primaries – was not responding to calls at time of press.

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Court extends detention of former Immigration Controller, three others

The Criminal Court has extended the detention period of Former Immigration Controller Abdulla Shahid, brother of Speaker of Parliament Mohamed Shahid, and three others who were arrested in connection with an alleged fraud case concerning the Disaster Management Centre, worth MVR 24 million (US$1.57 million).

The five were taken to the Criminal Court last Friday, which extended their pretrial detention period to 15 days.

Meanwhile, Speaker of Parliament Abdulla Shahid tweeted that the police officers who went to arrest his brother violated the sanctity of his house and entered his parent’s bedroom.

‘’I strongly condemn the violation of the sanctity of my residence and my parent’s bedroom by Maldives Police SO (Special Operations) today,’’ Shahid tweeted on Thursday.

Following the speaker’s allegations, police held a press conference on Friday evening during which Police Superintendent Abdulla Nawaz denied allegations that police had violated the sanctity of Abdulla Shahid’s residence.

Nawaz told the press that the police officers went to Shahid’s house and first called his brother Mohamed Shahid. He came downstairs and told the police officers that he needed to see his parents before leaving.

According to Nawaz, police officers went inside with Shahid when he went to see his parents. He expressed concern that the media was misleading the public over the incident.

The case involving the Disaster Management Centre fraud concerns an audit report into the Centre produced by the Auditor General. In the report, the Auditor General alleged that the MVR 24 million was fraudulently obtained from the budget allocated for the Centre for the years 2009 and 2010.

The Auditor General’s special report into the case alleged that the Disaster Management Centre had photocopied, edited and reused ‘Credit Purchase Order Forms’ used in 2005, to withdraw the MVR 24 million from the Centre’s budget at the Finance Ministry.

The ‘Credit Purchase Order Forms’ were originally given to the Disaster Management Centre in 2005 to withdraw cash from the Tsunami Recovery Fund. The Auditor General’s report also suggested that the Finance Ministry was complicit in the alleged fraud.

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Storeroom fire reported at Palm Beach Resort

A storeroom at the Palm Beach Resort in Lhaviyani Atoll caught fire last night (February 9), requiring the Maldives National Defence Force (MNDF) to intervene.

MNDF Media Officer Abdulla Ali told local media that MNDF fire fighters attended the scene and were eventually able to bring the blaze under control by about 9:00pm yesterday evening.

A team from Lhaviany Naifaru police station and firemen from MNDF northern command area travelled to the resort around 6:55pm last night after being informed of the blaze, according to media reports.

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MDA slams former governments over sanitation

The Maldivian Development Alliance (MDA) yesterday (February 9) slammed successive governments over what it claimed was a failure to address sanitation issues across the country, while also calling for greater respect of police and military officers by the public.

MDA Interim Leader MP Ahmed ‘Sun Travel’ Shiyam was reported by his Sun Online media organisation as claiming that a need for increased health spending in recent years was a direct result of a failure to address sanitation issues across the country.

The comments were made during a rally to try and boost party members on Noonu Atoll Kedhikolhudhoo.

Government corruption under successive regimes was highlighted by Shiyam as a key reason for a failure to address healthcare concerns in the country’s outer atolls, as well as the provision of clean water supplies for residents.

He contended that money raised through taxation reforms over the last two years was not therefore being adequately invested to nationally address water pollution and other preventative healthcare measures.

Sun Online also reported MDA Interim Deputy Leader Aishath Rafiyya as claiming during the party’s campaigning on Kedhikolhudhoo that the public should show their appreciation and loyalty to the country’s police and military officers.

With senior defence figures rejecting allegations of police brutality at the time of the controversial transfer of power last year, Aishath stressed that security forces had been well trained and operated in the country with “honesty and loyalty”.  She added that their work required the appreciation of the public.

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Tourism Minister confident to meet 2013 one million tourist target

Tourism Minister Ahmed Adheeb has claimed the Maldives will post one million tourist arrivals in 2013 after falling narrowly short of the mark last year.

Adheeb told local media that the government had “re-set” its sights on the one million arrival target that was set in 2012.

Last year, a total of 958,027 tourists arrived in the Maldives, with visitor numbers showing an eventual improvement despite the negative impact on the industry from political uncertainty in February.

“I really believe we can bring one million tourists to Maldives. We can very much confirm that when January and February end,” he was quoted as saying in local newspaper Haveeru.

The Tourism Minister said that with Chinese New Year being celebrated this month, the Maldives would see an unprecedented boost in arrivals, local media reported.

“As the Maldives market is based in China, large numbers of tourists come here to celebrate the Chinese New Year. I will say that Maldives’ New Year is already here,” he added.

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Defence Minister Nazim rejects allegations of police misconduct on Feb 8

Defence Minister Mohamed Nazim has rejected accusations that police officers committed criminal or “inhumane” acts against members of the public on February 8, 2012, instead blaming opposition party supporters for violence on the day.

Nazim was reported by newspaper Haveeru as claiming that police and military figures should not be held accountable for injuries sustained by members of the public during protests held over a three-day period between February 6 and February 8, 2012.

On February 7 last year, then President Mohamed Nasheed resigned from office. He subsequently alleged he had been forced to do so under “duress” on the back of a mutiny by sections of the police and military.

Speaking to private broadcaster DhiFM this week, Nazim rejected claims by the Police Integrity Commission (PIC) that some officers should be prosecuted for criminal behaviour due to how they dealt with protesters at the time the government changed.

Parliament’s Executive Oversight Committee (EOC) was told by the Police Integrity Commission (PIC) on Thursday that certain police officers should be prosecuted for alleged “unlawful actions” they committed in the build up to, and following, last year’s power transfer.

Parliament’s EOC is currently reviewing the report produced by the Commonwealth-backed Commission of National Inquiry (CNI), which looked into the events leading up to February 7, as well as its aftermath.

The CNI report, which was published in August last year, concluded there had been no coup, no duress and no mutiny during the controversial transfer of power that saw President Dr Mohamed Waheed Hassan Manik sworn into office.  The report did however call for investigations into “acts of police brutality”.

The CNI findings were also welcomed at the time by the US State Department and the United Nations, but have continued to be branded a “whitewash” by the opposition Maldivian Democratic Party (MDP).

Opposition “offence”

Nazim told DhiFM broadcast that injuries received by members of the public during protests held on February 8, 2012, were a result of confrontations with police.

He maintained that the “truth” of the day, which he claimed had been wiped from public memory, was that supporters of the opposition MDP had carried out an “offence” by committing acts of violence that served to reverse national development by 20 years in certain cases.

Police stations and court houses in six southern atolls were torched during February 8 last year after police violently cracked down in the capital Male’ on a Maldivian Democratic Party (MDP) march where thousands took to the streets in support of former President Nasheed.

In August last year, terrorism charges were pressed against over 40 people accused of setting the Seenu Gan police station on fire on February 8, including Maldivian Democratic Party (MDP) MP Mohamed Rasheed and Addu City Councillor Ahmed Mirzadh.

According to local media, Nazim alleged this week that senior figures in the MDP had requested that the archives and history of islands across the country be set on fire along with courts houses and police stations.

While the defence minister added that police had taken part in unspecified, “unprecedented acts” during the transfer of power, he said that law enforcement and security officials were not at fault for violence during and after the transfer of power, and that former President Nasheed should take full responsibility.

Injuries sustained by members of the public between February 6 and February 8 last year were a result of confronting police officers, Nazim said, and had not been sustained “from being at home”. He maintained that a probe into the clashes was ongoing.

Defence Minister Nazim was not responding to calls from Minivan News at the time of press. Police Commissioner Abdulla Riyaz’s phone was also switched off.

Prosecution calls

PIC Vice President Haala Hameed said earlier this week that the actions of some police officers during the controversial transfer of power amounted to crimes and should be prosecuted by the PG.

She claimed that the PIC had identified 29 cases of police misconduct, out of which cases concerning six police officers had been sent to the PG for prosecution. Furthermore, the PIC revealed that it had urged Home Minister Dr Mohamed Jameel Ahmed to suspend the officers immediately.

Hameed said the commission had failed to identify the police officers in five of the remaining cases, while 11 other cases lacked supporting evidence. She also said the PIC was still investigating seven cases of police misconduct during the transfer of power.

“These are not disciplinary issues, but crimes. Aside from sending cases to the prosecutor general, we also recommended the Home Minister suspend these officers, because of the delays in prosecution. We believe these officers should not be serving in the police,” she said.

Prosecutor General Ahmed Muiz disputed Hameed’s claims at the time, suggesting that the actions of police officers did not amount to crimes but were “disciplinary issues”.

“I am not deterred or afraid of carrying out my duty. I am not influenced by anybody. By the will of God, I will continue to carry out my duty. I would have sent cases to court if there had been sufficient evidence needed for a successful prosecution,” Muiz said.

The PIC has said that it had investigated officers involved in alleged abuse as criminal cases rather than as disciplinary matters.

Home Minister Dr Mohamed Jameel Ahmed responded in local media at the time that cases involving police officers whom the had PIC recommended be dismissed had been sent to the police disciplinary board.

Jameel said the Police Act and the regulations made under the act were very clear as to how a police officer could be dismissed or disciplined. He claimed that he would uphold the law and would not violate the Police Act.

“The PIC is an institution formed under the Police Act. I can’t simply remove a police officer simply based on a recommendation by the commission. That is why I sent the cases to police disciplinary board as soon as I got the [PIC]’s letter,” he told Haveeru.

Jameel also said it would be an unfair dismissal if the court acquitted a police officer who had been dismissed prior a verdict being reached.

Dr Jameel was not responding to calls from Minivan News at time of press.

International pressure for a thorough investigation into allegations of police abuse has continued.

The UK government earlier this week called for the government and other parties to work towards institutional reform in areas such as the judiciary, as well as “to fully investigate all allegations of police brutality, as recommended in the CoNI report.”

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NDA head calls for drug smugglers to receive death penalty

National Drug Agency (NDA) Chairperson Lubna Zahir has called for individuals found to be importing illegal narcotics into the Maldives to face the death penalty, local media has reported.

Speaking on state broadcaster Television Maldives (TVM), Lubna was reported as saying  that the death penalty should be imposed for those who bring drugs into the country, adding that it needs to be in the same category as murder.

The comments were made after the recent deaths of a number of individuals who had taken a fake version of LSD circulated in the Maldives.

“We can only prevent drugs from coming into the Maldives by implementing the death penalty against them. Importing drugs is not a less serious crime,” Lubna was quoted by the Sun Online news service as telling the state broadcaster.  “One solution to this is to implement the death penalty against those who bring in drugs and commit murder.”

Lubna requested parliament to include the death penalty as the most severe punishment for drug smugglers, when passing relevant laws.

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“The current government is failing”: government-aligned PPM

The government has come under fire from Progressive Party of the Maldives (PPM) potential presidential candidate Abdulla Yameen, who has claimed institutions are both failing and corrupt.

Speaking at a rally on February 7 to mark the anniversary of former President Mohamed Nasheed’s removal from power, Yameen called for President Mohamed Waheed Hassan Manik to “set things right”, adding that the current government had come to a halt.

Despite PPM being part of the current government coalition, local media reported Yameen as criticising a number of issues he claimed the government was responsible for.

“What we’re seeing today, and it is with sadness I say this, is the current government failing. The institutions are now incapable,” Sun Online quoted Yameen as saying.

Yameen, who is the half-brother of former autocratic ruler Maumoon Abdul Gayoom, further claimed that Maldivians will not believe they have achieved democracy unless laws are properly implemented by the government, local media reported.

“Major crimes are being committed on the streets. Rights are being invaded and violated. We want a clean, bold and a just government. A government with our support.

“Unless laws are being implemented, the Maldivians won’t believe that they have achieved democracy. They won’t believe a dictatorial rule had ended. We don’t see a difference,” local newspaper Haveeru quoted Yameen as saying.

Yameen’s comments come less than one month after the PPM appointed former 30-year ruler Gayoom – who many claim ran the country as a dictator – as its party President.

The PPM presidential candidate further criticised foreign interference with internal issues in the Maldives, claiming that the government was making it possible for foreign parties to do so.

“Foreign countries are interfering with internal issues of the Maldives to a greater extent than we’re comfortable with. The government is giving them that opportunity,” Yameen was quoted as saying in local media.

Yameen’s critical remarks were met with backlash yesterday (February 8), including from the government-aligned Dhivehi Rayyithunge Party (DRP).

DRP Parliamentary Group Deputy Leader Abdullah Mausoom told local media the PPM was willing to take credit for the government’s success, but distanced itself when the government faced criticism.

“If the government achieves something, they’d say it was them, they want to be the ones who sustain the government. But if the government is being harmed in any way, they are not part of it. If the government gets recognised for something, they take credit for it,” he told Sun Online.

Mausoom said that PPM had obstructed the government on two occasions, expressing concern that the party still continues to criticise the government despite the challenges faced due to the obstructions.

Speaking to local media, he said that whilst the budget is the most important part of providing public services, the PPM and Maldivian Democratic Party (MDP) had reduced it by MVR 2 million, and that it would not be “wise” to criticise the difficulties this may cause.

Furthermore, Mausoom claimed that the Executive Oversight Committee (EOC) – currently investigating the Commission of National Inquiry (CoNI) report – is held by a Maldivian Democratic Party (MDP) majority and that this was facilitated by the PPM.

Mausoom said that the former Parliamentary Leader of the People’s Alliance – Abdulla Yameen – had given up the party’s spot in the EOC when he joined the PPM, giving the MDP a majority.

President’s Spokesperson Masood Imad, and Dhivehi Quamee Party Leader Hassan Saeed were not responding to calls from Minivan News at time of press.

Jumhoree Party (JP) Spokesman Moosa Ramiz said he needed to discuss Yameen’s comments with the JP’s leader, resort tycoon Gasim Ibrahim, before giving the party’s official view. Minivan News was awaiting his response at time of press.

Cracks are starting to appear: MDP

Speaking to Minivan News today (February 9), MDP Spokesman Hamed Abdul Ghafoor said Yameen was “expressing discontent” within the government’s ranks, and that cracks were beginning to appear within the coalition.

“There are two issues that seem to disturb them at the moment. The EOC coming up with evidence supporting that there was a coup, and the other being President Nasheed’s court case.

“It is looking like they are also trying to get Nasheed out of the [Presidential elections] race,” Ghafoor said.

In regard to the EOC’s investigation into the CoNI report, Yameen was quoted as saying during Thursday’s rally that the investigation was “determinably illegal” and that it was being spearheaded Parliament Speaker Abdulla Shahid.

The investigation by the Executive Oversight Committee has so far seen senior military and police intelligence figures give evidence alleging that the transfer of power on February 7 “had all the hallmarks of a coup d’etat”, whilst claiming that the final CoNI report published last year had not reflected their input.

Speaking at the rally, Yameen said the government had no legal obligation to cooperate with the EOC in regard to the CoNI investigation, local media reported.

“As Parliamentary Group Leader of PPM, I have told the President that the government does not have to cooperate with the Majlis Committee investigating CoNI Report. The executive shall run according to the legal instruction of the Attorney General and not a Majlis Committee.

“[Parliament Speaker] Abdulla Shahid is now investigating the CoNI Report, and I wonder what he has in mind to do. On behalf of PPM, I would emphatically say that they are undertaking an illegal work. They cannot do it”, Sun Online reported Yameen as saying.

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