Day: February 26, 2015

High Court throws out Nazim’s search warrant appeal

The High Court today declined to rule on an appeal lodged by former Defense Minister Mohamed Nazim requesting the appellate court overturn a Criminal Court issued search warrant.

The police used the warrant to raid Nazim’s apartment in the early hours of January 18, and announced they had discovered a pistol and bullets in a bedside drawer.

Nazim was subsequently accused of plotting to overthrow the government and plans to harm senior government officials. The police arrested him on February 10.

The High Court today said a ruling on the search warrant at this time might effect an ongoing criminal trial against Nazim over illegal weapons possession, but said Nazim’s legal team could appeal the warrant at the Criminal Court.

The former defense minister has claimed the weapons were planted in order to frame him.

At the first hearing of Nazim’s criminal trial yesterday, state prosecutors accused the former defense minister of conspiring with the Villa Group – owned by opposition Jumhooree Party leader Gasim Ibrahim – to harm senior state officials.

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Nasheed denies ordering Judge Abdulla arrest, granted three days to answer charges

Former President Mohamed Nasheed has denied ordering Criminal Court Chief Judge Abdulla Mohamed’s arrest at the second hearing of a surprise terrorism trial.

“As President of the Maldives, I did not order any harm unto or the arrest of any citizen,” the opposition leader told the Criminal Court tonight.

“These are politically motivated charges, an atrocity planned and carried out by the government,” he said.

Nasheed said he had no hope of a free and fair trial, noting that the Prosecutor General (PG) Muhthaz Muhsin and two of the three judges presiding over his trial were among the state’s witnesses.

Addressing Judges Abdulla Didi and Abdul Bari Yoosuf, Nasheed said: “You saw this very closely. You are his [Judge Abdulla’s] colleagues. I do not see how you, by the Islamic Shari’ah, Maldivian laws and international laws, could deliver an impartial verdict.”

Tonight’s hearing ended with the Criminal Court granting Nasheed three extra days to prepare his defence, after his lawyers claimed they had not had adequate time to research and review the state’s charges and evidence.

The opposition leader was arrested on Sunday ahead of a surprise hearing on terrorism the next day. The Criminal Court had denied him legal representation at the time and ruled he be kept in police custody until the end of the trial.

“Politically motivated atrocity”

Before the hearing began, Nasheed and his four-member legal team complained over seating arrangements which separated the former president from his lawyers. The former president requested to be seated among his lawyers to be allowed to confer with them easily.

The three-judge panel refused to change the setup, but did allow lawyers to approach the defence stand and consult with Nasheed throughout the trial.

In his opening remarks, Nasheed pointed out PG Muhthaz Muhsin, a former Criminal Court judge, was Judge Abdulla Mohamed’s colleague. Muhsin had withdrawn lesser charges submitted by former  PG Ahmed Muizz and asked Nasheed be prosecuted under a harsher terror law.

Nasheed is now being tried under the 1990 Anti Terrorism Act, which considers abductions, kidnapping and attempts to do so as acts of terror.

Muhsin’s decision to re-prosecute demonstrated the political nature of the charges, Nasheed contended.

The PG raises criminal charges on behalf of the public to ensure public safety, Nasheed continued, stating: “Public support for me during the presidential elections, 49 percent, demonstrate they do not view me as a terrorist.”

“My concern is not on damages I would be caused, but on the dark shadow [this trial] would cast on Maldives’ future,” he added.

Noting the Criminal Court had denied him legal representation at a first hearing, and ruled he be held in pre-trial detention, Nasheed said: “What I’m seeing is that you are unable to or face great difficulty in ensuring a fair trial.”

The three judges did not respond to Nasheed’s statements, and upon his request asked lawyers to proceed with his defence.

Lawyer Abdulla Shaairu then held up a thick sheaf of papers and said the legal team had not had adequate time to prepare a defence. In the three days granted previously, lawyers were only able to skim through documents and needed more time to clarify the exact nature of charges, he added.

Judge Didi agreed, and adjourned the hearing. Judge Sujau Usman is the third member of the Criminal Court panel.

In a statement earlier this week, PG Muhsin said there were no legal obstacles to pressing terrorism charges. Meanwhile, the ruling Progressive Party of the Maldives (PPM) insists it has no influence over the independent PG and independent courts.

Nasheed’s trial demonstrates “no one is above the law,” PPM MPs have claimed.

Judge Mohamed’s detention in January 2012 triggered three weeks of nightly protests, culminating in a police and army mutiny forcing Nasheed’s resignation.

Manhandled

Nasheed appeared in court on Monday with his arm in a makeshift sling after a scuffle in which police manhandled the former president as he attempted to speak with journalists outside the Justice Building.

The EU, UN, Commonwealth, US, India, Canada and UK have expressed concern over Nasheed’s arrest, subsequent terrorism charges and denial of legal representation.

Current Defence Minister Moosa Ali Jaleel, then-Defence Minister Tholhath Ibrahim, MDP MP and retired Brigadier General Ibrahim Mohamed Didi and retired Colonel Mohamed Ziyad are also facing terrorism charges over the judge’s detention.

All have pleaded not guilty to charges.

On Tuesday, Nasheed’s lawyers named presiding Judges Abdulla Didi and Abdul Bari Yoosuf as witnesses, noting the pair had been present with Judge Mohamed at the time of his arrest, and requested they withdraw from the bench.

Nasheed’s trial comes shortly after the MDP and former ruling coalition partner Jumhooree Party allied against what they call President Abdulla Yameen’s repeated violations of the constitution.

The allied opposition parties have planned mass demonstrations for tomorrow (February 27) and have pledged to topple Yameen’s administration.

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

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Allegations of conspiracy with Nazim “deliberate fabrication,” says Gasim

Jumhooree Party (JP) Leader Gasim Ibrahim has dismissed allegations that former Defence Minister Mohamed Nazim was conspiring with the business magnate’s Villa Group to harm senior government officials.

Speaking to reporters prior to departing for Colombo last night, Gasim dismissed the allegations as a “deliberate fabrication” intended to “frame” President Abdulla Yameen’s political opponents.

“We are talking about Colonel Nazim being framed and all of us Maldivian citizens know that what police are saying is self-contradictory,” he said.

At yesterday’s first hearing of Nazim’s trial on possession of weapons, State Prosecutor Adam Arif said documents on a pen drive confiscated from the then-defence minister’s apartment during a January 18 raid showed he was planning individual and joint operations, financed by the Villa group, to cause bodily harm to “senior honourable state officials.”

Gasim told reporters that Nazim was “not a madman to write a script and put it on a pen [drive],” adding that the government’s efforts to discredit Villa Group were regrettable.

“What this shows is that anyone who might contest the presidency is going to be framed,” Gasim said.

The Prosecutor General’s Office meanwhile withdrew charges against Nazim’s wife, Afaaf Abdul Majeed, after she was summoned to the first hearing of the weapons possession trial alongside the former defence minister yesterday.

Earlier this month, Gasim’s JP formed an alliance with the opposition Maldivian Democratic Party (MDP) to “defend the constitution” from alleged breaches by the administration of President Abdulla Yameen.

Gasim departed with a delegation of JP and MDP leaders to Colombo last night to “inform foreign diplomats about the current political situation of Maldives.”

MDP MP Abdulla Shahid said foreign diplomats would be informed about the “violations of the constitution by this government,” adding that “the world sees the government for what it is.”

Both Gasim and Shahid told reporters that they would be back tonight ahead of a mass demonstration planned for tomorrow (February 27).

Meanwhile, the anti-government demonstrations continued on the streets of the capital last night with  protesters gathered at Malé’s main thoroughfare, Majeedhee Magu.

Protesters called for the immediate release of former President Mohamed Nasheed and former Defence Minister Nazim.

Senior members of both JP and MDP as well as MPs spoke at the rally and repeated calls for President Yameen’s resignation.

Speaking to Minivan News at the protest, Ahmed Ali, 29, vowed to join the mass rally planned for February 27.

“If not, in a couple of years I am sure my children would ask me what I did when a democracy turned into a dictatorship,” he said.

Mohamed Yoosuf, 47, expressed his discontent with the criminal justice system and the law enforcement authorities.

“The judiciary is political. The police are doing politician’s bidding. Even the Prosecutor General is a puppet on a string,” he said.

“The country’s entire justice system has gone down in ruins with the current government. We need to improve it,”said Mauroof Hameed, 30.

The government, however, insists that it is not responsible for the charges against Nasheed and Nazim, stating the trials were initiated by an independent Prosecutor General and tried through independent courts.

Related to this story

High Court overturns stay order halting seizure of Villa properties

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

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Police denied Nasheed an independent medical examination, claims HRCM

The Maldives Police Services have refused an independent medical examination of former President Mohamed Nasheed, the Human Rights Commission of the Maldives (HRCM) has alleged.

The opposition leader, currently in pre-trial detention, claimed he had sustained injuries when police manhandled him and dragged him into the court on Monday prior to the first hearing of a sudden terrorism trial.

Nasheed limped into the courtroom with his arm in a makeshift sling

HRCM Secretary General Shamoon Hameed told local media that a team from the HRCM had gone to Dhoonidhoo detention center on Monday night with a doctor, but police refused the commission’s request for the independent examination.

The HRCM law empowers the commission to visit places of detention without prior notice.

However, the police have denied Nasheed sustained any injuries with Superintendent Hamdhoon Rasheed telling the press last night that an X-ray taken of Nasheed’s shoulder at the doctor’s request did not reveal any injuries.

“Further, doctors have assured us that President Nasheed did not sustain any injuries,” Rasheed said.

Rasheed also condemned the HRCM for issuing a statement “immediately after the incident” in which the commission condemned the disproportionate use of force against the former president.

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

“We will accept constructive recommendations by the Human Rights Commission about operations conducted by police,” Rasheed said.

”However, condemning our work without an investigation is unacceptable.”

The police ‘use of force review committee’ was also conducting an investigation to determine if excessive force was used, Rasheed revealed.

Meanwhile, Hameed defended the HRCM’s prompt statement, stating that the commission believed police acted harshly towards the ex-president.

Speaking to reporters after a visit to Dhoonidhoo, Nasheed’s wife, Laila Ali, said doctors had recommended the former president undergo a week’s physiotherapy for a shoulder injury.

A police spokesperson confirmed Nasheed had seen a doctor at Medica Clinic in Malé at 2:20pm on Tuesday (February 24). Neither his family nor lawyers were informed.

Right to legal representation

The international community expressed concern over the manhandling of Nasheed as well as the denial of legal representation in his first trial held on February 23. Nasheed was charged with terrorism over January 2012 arrest of the Criminal Court Chief Judge Abdulla Mohamed.

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

Hassan Latheef from Nasheed’s legal team Hassan Latheef told Minivan News today that three out of four lawyers on the team have now been registered to represent the former president in the second hearing scheduled for 8:00pm tonight.

Latheef said police informed the lawyers today that they could only meet Nasheed at the Dhoonidhoo detention centre after 1:30 pm.

“After many requests and arguments, the police finally allowed lawyers to meet Nasheed in Dhoonidhoo”, Latheef said.

Latheef explained that lawyers were normally allowed to meet clients at Dhoonidhoo after filing the necessary paperwork at the Male’ Atholhuvehi police station, accusing police of deliberately hampering and obstructing the work of Nasheed’s legal team.

However, at last night’s press briefing, Superintendent Rasheed accused Nasheed’s lawyers of “deliberately lying” when they claimed that police denied access for the legal team to meet Nasheed.

As of last night, Rasheed said the legal team has met Nasheed five times since his arrest of Sunday afternoon, including twice yesterday, adding that Nasheed’s family has also met him three times.

“So we condemn the statements by various people to mislead the public,” he said.

Related to this story

MDP, JP rally supporters ahead of mass

Former President Nasheed arrives in court with arm in makeshift sling

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

Police arrest former President Mohamed Nasheed ahead of terrorism trial

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Opposition delegation in meetings with diplomatic missions in Colombo

A joint delegation from the opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) are meeting with diplomatic missions in Colombo today.

The delegation – comprising of JP Leader MP Gasim Ibrahim, JP Vice President Dr Hussain Rasheed, JP MP Abdulla Riyaz, MDP Foreign Relations Committee head MP Abdulla Shahid, MDP Spokesperson Hamid Abdul Ghafoor and MDP Male’ City Mayor Mohamed Shihab – departed Malé last night.

The delegation met with Sri Lankan Prime Minister Ranil Wickramasinghe and European Union delegations and briefed them on the state’s prosecution of former President Mohamed Nasheed and former Defense Minister Mohamed Nazim.

The delegation is due back tonight. The JP and MDP have called for mass demonstrations in Malé against what they allege to be repeated constitutional violations by President Abdulla Yameen. The parties have pledged to topple the government.

Yameen’s administration maintains it has remained within the constitution’s ambit and condemned what it calls the opposition parties attempts at destabilizing the country.

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Minor stabbed in Malé

A 14-year-old boy was stabbed in the capital Malé around 7:45pm last night (February 25), reports local media.

Police said the minor was attacked in the Guhdhoos Goalhi off Boduthakurufaanu Magu and sustained an inch-deep cut near his elbow.

The victim was taken to the Indira Gandhi Memorial Hospital and released after treatment.

Local media outlet CNM reported that the stabbing was a case of mistaken identity.

The incident follows the murder of a 24-year-old in Malé on Saturday night (February 21).

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SAHR expresses concern with arrest of former President Nasheed

South Asians for Human Rights (SAHR), a regional network of human rights activists and institutions, has expressed “shock and concern” over the arrest and mistreatment by police of former President Mohamed Nasheed this week.

In a statement issued yesterday (February 25), SAHR described police manhandling and dragging the opposition leader into court as “degrading and a ruthless misuse of police powers.”

“The former President has been arrested under counter terrorism laws on charges of anti-state activities for ordering the arrest of a senior judge Abdullah Mohamed in 2012 which led to street riots in the Maldives. Linking the ordering of the arrest of a senior judge with terrorism and anti state activities smacks of political vendetta and a blatant misuse of counter terrorism laws,” reads the statement.

The organisation called on the Maldivian government to “ensure that political considerations does not vitiate the trial and the former President is tried with adherence to fair trial standards guaranteed under international human rights standards.”

The Sri Lankan government meanwhile joined a growing international chorus of concern yesterday with a statement expressing concern about the recent developments in the Maldives.

“It is hoped that all stakeholders in Maldives will resolve their differences in a peaceful manner, within the legal provisions in Maldives,” reads the brief statement by the Sri Lankan Foreign Ministry.

On Tuesday (February 24), Foreign Minister Dunya Maumoon hit back at statements issued by the Commonwealth, Canada, UN, and the EU, expressing disappointment over “bias” and factual inaccuracies.

“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.

Meanwhile, Danish Foreign Minister Martin Lidegaard also voiced concern over Nasheed’s arrest and urged the government to “ensure Nasheed his rights, uphold judicial principles and secure a just and transparent trial.”

Lidegaard said he had asked the EU nations to discuss the situation in the Maldives.

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No hope for fair trial, says former defense minister’s family

Former Defense Minister Mohamed Nazim’s family has urged the international community to step up pressure on President Abdulla Yameen’s administration, claiming, “there is no hope that Nazim can expect a fair trial” due to a “notoriously politicised judiciary.”

Nazim appeared in court yesterday on charges of illegal weapons possession, allegedly discovered in a bedside drawer during a midnight police raid on January 18.

The former minister was arrested on February 10 on charges of treason and terrorism and has been placed in police custody pending the outcome of a trial.

“Nazim never expected to be where he is now. But he has fallen foul of a political conspiracy, one in which powerful forces within the Maldivian government have sought to destroy him and thus prevent him from challenging for the leadership of the ruling party,” Nazim’s family explained in a letter to the international community.

The letter claimed the pistol and bullets confiscated from Nazim’s apartment had in fact been planted by the police and described charges against the former minister as baseless and politically motivated.

The Maldives Police Services have denied the allegations, insisting police had shown professionalism during the midnight raid.

“As President Yameen’s governing coalition collapses, and amid nightly protests against his rule, the president has resorted to increasingly desperate tactics to remove his political opponents and cling to power,” the statement added.

It went on to note former President Mohamed Nasheed’s sudden terrorism trial and the government’s alleged targeting of opposition Jumhooree Party leader Gasim Ibrahim’s businesses as examples.

The government has maintained the arrests and charges against Nazim and Nasheed demonstrate “no one is above the law,” and say charges were initiated by an independent Prosecutor General and tried through an impartial judiciary.

Nazim’s lawyer, Maumoon Hameed, yesterday expressed concern over state prosecutors’ filing of confidential documents as evidence against Nazim.

“This is a major obstacle in ensuring a fair trial for Nazim,” he said.

Nazim’s wife, Afaaf Abdul Majeed, had been charged with the possession of illegal weapons, but state prosecutors withdrew charges claiming the documents on a confiscated pen drive brought new information to light.

According to Hameed, Afaaf had not received any indication she was under suspicion prior to the court summons sent on February 23, two days before the first hearing.

In withdrawing charges, lawyers claimed documents in a pen drive confiscated from Nazim’s home indicate he was plotting to harm senior government officials with the financial backing of Villa Group, a company owned by Gasim.

On February 24, Nazim filed civil charges against PG Muhthaz Muhsin, alleging the office had failed to protect the former minister’s constitutional rights.

Nazim’s lawyers on February 12 filed defamation charges at the Civil Court and a complaint at the Police Integrity Commission against the Commissioner of Police Hussein Waheed for spreading false information.

Waheed at a press conference following Nazim’s arrest said the police had found an improvised explosive device in a bag confiscated from his apartment.

But lawyers say a police document detailing items confiscated from Nazim’s apartment right after the raid did not list an IED.

Police claim the IED was discovered on further forensic analysis of contents in the black bag. Nazim’s lawyers have requested for an independent forensic test of items on their own expense.

Related to this story

Nazim accused of conspiring with Villa group to harm state officials

Ex defense minister’s wife charged with illegal weapons possession

Nazim remains in custody as High Court rejects appeal

Former Defence Minister Nazim remanded for 15 days

Police deny framing Nazim as former Commissioner alleges politicisation

No forensic evidence against Nazim, says legal team

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Nasheed arrest “domestic matter” for Maldives: Chinese Foreign Ministry

Former President Mohamed Nasheed’s arrest and trial on terrorism charges is a “domestic matter” for the Maldives and the Chinese government would not interfere, Chinese Ministry of Foreign Affairs’ Spokesperson Hong Lei has said.

The spokesperson was asked at a regular press conference on Wednesday (February 25) about China’s view on the situation.

“The issue you asked is the domestic matter of the Maldives. China upholds the principle of non-interference in other countries’ domestic affairs. We believe the Maldivian side can deal with its domestic affairs properly,” Hong Lei replied.

Following Nasheed’s arrest and surprise trial on terrorism charges, the Commonwealth, India, Canada, UN and the EU issued statements expressing concern with the developments in the Maldives.

However, Foreign Minister Dunya Maumoon dismissed the statements as biased and factually inaccurate.

“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.

In his address to the nation on the occasion of Republic Day (November 11) last year, President Abdulla Yameen slammed “Western colonial powers” and declared his administration was “looking East” towards China.

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