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

Foreign Minister Dunya slams Canada, Commonwealth statements on Nasheed prosecution

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

Likes(0)Dislikes(0)

Defense Minister Jaleel granted three days to appoint a lawyer in terrorism trial

The Criminal Court has granted Defense Minister Moosa Ali Jaleel three days to appoint a lawyer and answer terrorism charges for his role in the 2012 military operation to detain Criminal Court Chief Judge Abdulla Mohamed.

Jaleel was the Chief of Defense Forces at the time of Judge Abdulla’s arrest. Following the controversial transfer of power in February 2012, Jaleel was dismissed from his post.

He subsequently signed on to the ruling Progressive Party of the Maldives in 2013 and ran in the party’s parliamentary primaries in 2014.

Jaleel was appointed to the Defense Minister’s post after former defense minister Colonel (retired) Mohamed Naizim was arrested and accused of possessing dangerous weapons last month.

Former President Mohamed Nasheed and his former Defense Minister Tholhath Ibrahim Kaleyfaanu, are also facing the same charges under the terrorism act, and have been given three days to appoint a lawyer at the Criminal Court.

Nasheed’s lawyers have alleged the opposition leader has been denied the right to legal counsel and the right to appeal prior to the court hearing.

Likes(0)Dislikes(0)

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.”


Related to this story

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

Likes(0)Dislikes(0)

Indian PM Modi’s visit unaffected by Nasheed arrest, says Foreign Minister

The Ministry of Foreign Affairs has denied rumors Indian Prime Minister Narendra Modi may cancel a visit to the Maldives following the arrest of former President Mohamed Nasheed on Sunday.

“I do not believe that the internal affairs of Maldives will affect the relationship between both the countries and that it will influence any planned official visits,” Foreign Minister Dunya Maumoon told the press today.

She said India and Maldives are continuing discussions on arrangements for Modi’s visit scheduled for the second week of March, and said details of the visit will be revealed after discussions.

She also denied rumors alleging China may provide military assistance to the government in dealing with the protests that have erupted after the opposition leader’s arrest.

Likes(0)Dislikes(0)

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.


Related to this story:

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

Likes(0)Dislikes(0)

UK alerts British tourists to protests in Malé

The United Kingdom has alerted British nationals travelling to the Maldives to take security precautions and to avoid large gatherings in Malé following the arrest of former President Mohamed Nasheed on february 22.

“Take care, remain vigilant, take appropriate security precautions and avoid large gatherings, protests and rallies,” read the travel advice updated yesterday (February 23).

The advisory read that all British nationals should contact the British High commission in Sri Lank for any consular assistance, and that the honorary consul in capital Malé can liase with the British High  Commission in Sri Lanka in case of emergencies .

The alert also noted that there is a general threat of terrorism in the Maldives, saying that attacks could be indiscriminate, in places frequented by expatriates and foreign travelers including tourists, and urged travelers to take comprehensive travel and medical insurance before travelling.

Read the full travel advice here

Likes(0)Dislikes(0)

High Court overturns stay order halting seizure of Villa properties

The High Court today overturned a Civil Court stay order halting the seizure of three islands and two lagoons belonging to the Villa Group, a company owned by Jumhooree Party (JP) Leader Gasim Ibrahim.

The Tourism Ministry on February 5 ordered the Villa group to return Thaa Atoll Elaa, Raa Atoll Maanenfushi, Gaafu Dhaal Atoll Gazeera, Kaafu Atoll Maadhihgaru lagoon, and Vaavehdhi lagoon.

The islands and lagoons had been granted as compensation for the nationalisation of several development projects, including Kadhdhoo airport.

In its February 11 stay order, the Civil Court said the ministry’s termination of the settlement agreement could cause irrevocable damages to the company, and noted the properties had been granted due to the government’s inability to bear the burden of a financial or monetary compensation.

However, the High Court ruled that the lower court had not considered protecting the state from potential damages from the stay order.

“The interests of the state protected from not issuing the stay order is larger than the interests of Villa Hotels and Resorts”, the High Court ruling said.

The Civil Court’s injunction also violated “judicial and legal principles”, the panel of three judges unanimously ruled.

The Tourism Ministry’s Senior Legal Officer Faseeh Zahir said the ministry had not yet made any moves following the High Court order as they are yet to receive confirmation from the Attorney General’s Office.

Gasim has previously contended the ministry is punishing him for his recent alliance with the opposition Maldivian Democratic Party (MDP) against what they allege to be President Abdulla Yameen’s repeated violations of the constitution.

The JP’s opposition to key government legislation last year saw Gasim suffer setbacks to his businesses, as well as physical threats against his person – both of which the party blamed on Gasim’s former political allies.

Speaking at a joint rally of JP and Maldivian Democratic Party (MDP) on February 5, Gasim stated that “the Maldivian people will not allow injustice.”

“Forget it, nobody can push us back, we will be in the service of the Maldivian people. We will defend the fundamental rights and freedoms of the constitution,” Gasim said.

“You can seize everything, take it. Take it. After all, things can only be taken from people who have them,” he said.

President Abdulla Yameen has denied Gasim’s business reversals were a result of political events, stating that all businesses were treated equally under the law.

Meanwhile, the Tourism Minister Ahmed Adeeb claimed the Villa Group owes the government US$100million as rent and fines for properties leased to the company.

Gasim has denied the claim and called for Adeeb’s resignation.



Related to this story

Civil Court orders halt to seizure of lands allocated to Gasim’s Villa company

Gasim defiant as opposition sign agreement to defend Constitution

MDP and JP reach agreement on defence of Constitution

Likes(0)Dislikes(0)

Former Defense Minister Tholhath pleads not guilty to terrorism charges

Former Minister of Defense Tholhath Ibrahim Kaleyfaanu has pleaded not guilty to terrorism charges over the January 2012 detention of Criminal Court Chief Judge Abdulla Mohamed.

At a 5:00pm trial on Monday, Criminal Court Judge Abdulla Didi gave Tholhath three days to appoint a lawyer and answer charges.

Tholhath’s hearing took place right after former President Mohamed Nasheed appeared in court over the same charges. Judge Didi had placed Nasheed in police custody until the end of the trial.

Brigadier General (Rtd) and MP Ibrahim Didi, Colonel (Rtd) Mohamed Ziyad, and current Defense Minister Moosa Ali Jaleel also face terrorism charges over the judge’s arrest. But the three have not been informed of when their trials are to take place.

Jaleel was the Chief of Defense Forces during the judge’s arrest. He was appointed as Defense Minister in late January following the dismissal of then Defense Minister Mohamed Nazim after a controversial discovery of weapons at his residence.

Nazim is currently in police custody over terrorism and treason charges.

Three successive Defense Ministers in the Maldives now face terrorism charges. The offense carried a jail term between ten and 15 years.

Likes(0)Dislikes(0)

Police deny brutalising Nasheed

The Maldives Police Services have denied former President Mohamed Nasheed was brutalised when he was escorted into the Criminal Court yesterday.

Speaking to the press last night, Superintendent of Police Hamdhoon Rasheed said the opposition leader had staged a fall, and that his arms and fingers were not injured as he had claimed in the courtroom.

“When he fell and started to show resistance, the police attempted to ensure he received no injuries in taking him inside the courtroom,” he said.

Nasheed appeared in court for a terrorism trial with his arm in a makeshift sling. The opposition leader asked for immediate medical attention and right to legal counsel.

He had been arrested on Sunday on a court order that claimed he might abscond from the terrorism trial scheduled for the next day. Nasheed is being re-prosecuted on terrorism charges over the detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Criminal Court Judge Abdulla Didi placed Nasheed in detention until the end of the trial and gave him three days to appoint a lawyer and answer charges.

Superintendent Rasheed also alleged politicians were calling up individual police officers and offering “large amounts of money” as bribes to carry out “certain activities” and leak information on investigations.

Injured

Nasheed had arrived at the Justice Building at 4:00pm under a heavy Specialist Operations (SO) police guard. When journalists attempted to question the former president, SO officers surrounded and manhandled him.

Minivan News journalists observed Nasheed repeatedly asking the police to pull back, saying he will walk into the court room on his own accord.

Nasheed fell down and his shirt was torn in the process.

The opposition Maldivian Democratic Party (MDP) issued a statement last night condemning police brutality against the party’s president, claiming President Abdulla Yameen had directed the police’s actions.

“Police physically injured Nasheed when they took him into the Criminal Court on Presidents Yameen’s administration’s orders following his unlawful he was arrested against the constitution, regulations and international standards in making arrests,” the statement read.

Speaking at a press conference last night, MDP Chairperson Ali Waheed said that the party’s leadership was extremely worried over the former president’s safety.

MDP’s Vice Chairman Ali Shiyam had shared concerns with the Human Rights Commission of the Maldives, he said.

“President Nasheed urges people to cross the boundary of fear and to come out on February 27,” Waheed said.

Stunts

Speaking on TVM’s “Maldives Today” programme last 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.

He claimed the government was not under any international pressure, saying expressions of concern by international organizations and foreign countries “do not amount to pressure.”

Nasheed as commander-in-chief had “kidnapped” Judge Abdulla Mohamed, Mundhu said, arguing: “When the case begins in a court, how can it be called a political act in a society that believes offenders must be tried?”

Meanwhile, Tourism Minister Ahmed Adeeb, speaking alongside Mundhu, said President Yameen would not interfere with the Prosecutor General’s Office or the judiciary.

“We are not like President Nasheed’s administration. We would not lock up the Supreme Court or the Majlis or disappear politicians. In our administration, the police will not act without a court order,” the ruling Progressive Party of Maldives’ deputy leader said.

“In a democratic environment with separation of powers, how can we influence the other power,” he said.

Nasheed must be tried and penalized to ensure justice is done to Judge Abdulla Mohamed, he continued.


Related to this story

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

MDP, JP rally supporters ahead of mass February 27 march

Likes(0)Dislikes(0)