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.


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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.


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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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Nazim accused of conspiring with Villa group to harm state officials

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

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

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

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

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

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

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

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

Obstacle to justice

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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



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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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


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Maldives slides in RSF press freedom index to 112th place

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Decline

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

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

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

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

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

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

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


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