Month: February 2015

Former President Nasheed appears in court with arm in makeshift sling

A visibly injured former President Mohamed Nasheed appeared at the Criminal Court today for the first hearing of his sudden terrorism trial.

Nasheed limped inside the courtroom at 4:35pm, nursing what appeared to be a broken arm and using his tie as a makeshift sling.

There were no buttons on his shirt, his glasses were missing, and he had a T-shirt wrapped around his body.

Nasheed appeared at court without legal representation as the Criminal Court today refused to register any of the five lawyers on his legal team.

Ignoring requests for medical attention, presiding Judge Abdulla Didi asked the state prosecutors to present charges.

The former president is being charged with terrorism for his administration’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Didi gave Nasheed three days to appoint a lawyer and answer charges, and ordered the opposition leader be held in police custody until the trial ended.

Nasheed has now been taken to Dhoonidhoo Island Detention Center, but lawyers said he may be taken to ADK Hospital for treatment. Supporters are awaiting him outside the hospital on Sosun Magu.

He was arrested yesterday at 3:00pm from his residence Yagoothuge.

Court proceedings

Nasheed arrived at the Justice Building at 4:00pm under a heavy Specialist Operations (SO) police guard. Journalists attempted to question the opposition leader, but SO officers surrounded and manhandled Nasheed, shoving journalists and cameramen aside.

Nasheed’s shirt was torn in the process and he fell to the ground.

He repeatedly urged police officers to allow him to walk inside the court building, but SO officers dragged the former president inside the building by force.

Court officials locked the door afterwards.

When a three judge bench commenced the trial at 4:40pm, Nasheed stood up and said: “Honourable judge, I have been shoved to the ground and my arm has been broken. I want to see a doctor. As you can clearly see, I am hurt.”

He added: “I’ve been waiting for a while now. Take me to a doctor and then you can issue your verdict.”

However, Judge Abdulla Didi – presiding over the case along with Abdul Bari Yoosuf and Sujau Usman – said the judges had received reports suggesting that Nasheed had staged a fall, caused his own injuries and refused to enter the court building.

Nasheed replied: “What evidence are you basing this on? Check the videos.”

State Prosecutor Abdulla Rabiu said Nasheed was charged under Article 2(b) of the Prevention of Terrorism Act and that as commander-in-chief the former president was responsible for the military’s detention of Criminal Court Chief Judge Abdulla Mohamed.

Asked to respond to the charges, Nasheed repeated his request for medical attention and asked to be allowed to appoint a lawyer.

When Judge Didi said Nasheed had allegedly refused to enter the court, he replied: “I’ve never given an excuse not to enter a courtroom.”

Nasheed also noted that he had been kept in detention for more than 24 hours without being brought before a judge.

State Prosecutor Aishath Fazna Ahmed then read out a letter from the Prosecutor General requesting an order to hold Nasheed in remand detention on the grounds that his previous conduct during proceedings at the Hulhumale’ Magistrate Court suggested the former president might abscond from trial.

Fazna also cited a police intelligence report to support the request, and requested for a continuous trial.

Judge Didi gave Nasheed three days to appoint a lawyer and answer the charges of terrorism and ordered police to hold the former president in pre-trial detention until the conclusion of the trial.

Didi said the Criminal Court would order the police to provide the former president with medical care.

Judge Abdulla Mohamed has meanwhile taken a leave of absence until the end of the trial.

Outside, the police had cordoned off the area encompassing the Criminal Court, the adjoining Supreme Court and the Vice President’s residence. Supporters had been gathering behind barricades from 3:00pm onwards.

Photo: Nasheed manhandled by police outside the Justice Building

Manhandling

Condemning the police’s unlawful use of force and brutality, the Human Rights Commission of the Maldives has called on the police to provide Nasheed with medical attention immediately and ensure he is afforded all constitutional rights.

In response to a question today, Syed Akbaruddin, official spokesperson at the Indian Ministry of External Affairs, expressed concern over the developments in the Maldives, “including the arrest and manhandling of former President Nasheed.”

“We urge all concerned to calm the situation and resolve their differences within the constitutional and legal framework of Maldives.​

“The Government of India reiterates its commitment to supporting the people and the Government of Maldives in their quest for peace, development, prosperity and democracy,” the spokesperson said.

The Maldivian Democracy Network, meanwhile, said Nasheed had been denied constitutional rights, including the right to legal counsel and appeal.

In a statement detailing several alleged irregularities, the human rights group called on the Maldives Police Services and the Prosecutor General to work within the ambit of the Constitution.

“We urge the authorities to release Nasheed and all peaceful protesters as we are of the view that these persons have been detained unlawfully without adherence to due process,” the statement read.

Photo: Protesters outside ADK Hospital


Related to this story

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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Two JP MPs and 15 councilors defect to PPM

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Comment: Why we must object to the farce of a ‘trial’ against Nasheed

This article first appeared on DhivehiSitee.com. Republished with permission

On Sunday, former President of Maldives, Mohamed Nasheed, was arrested. The arrest warrant issued by Criminal Court stated “terrorism charges brought against the subject and fears that he may not attend the Court or go into hiding” as reason for arrest.

The evidence and substantiation for Court decision was given as, “how matters had transpired when a case against subject was heard at the Hulhumale’ Magistrate Court, and Police Intelligence reports”. The arrest warrant was provided on the request of the Prosecutor General who was according to the arrest warrant, “investigating case”.

Till then, there had been no mention of terrorism charges against Nasheed by any authority nor had an investigation into terrorist activities by Nasheed taken place.

Local media soon reported the trial has been scheduled in Criminal Court for 4pm today, and it emerged that the Prosecutor General had filed new terrorism charges in Criminal Court after withdrawing the case against Nasheed pending in Hulhumale’ Magistrate Court for over two years as Nasheed challenged the cherrypicking of his trial bench by the Judicial Service Commssion and the procedural appeals dragged on without decision.

As the new trial begins in a couple of hours, there is more reason than ever before to object to the farce.

  1. The current Prosecutor General Muhthaz Muhsin is a former Criminal Court judge, who worked as a junior judge under Criminal Court chief Judge Abdulla Mohamed who is himself the subject in the case against Nasheed.
  1. Media reports the Criminal Court has selected a bench of three judges – Judge Abdulla Didi, Judge Ahmed Rasheed and Judge Shujau Usman – for the case.

The first two are both former members of the Judicial Service Commission (JSC) who played crucial roles within JSC in both re-appointing Abdulla Mohamed as judge despite him not meeting criteria and pending serious misconduct issues, and in covering up misconduct after re-appointment.

Moreover, both carry bias against Nasheed evident in JSC records, especially in discussions of misconduct allegations against Judge Abdulla Mohamed filed with the JSC by the President’s Office in 2009 when Nasheed was in office.

Judge Didi served on the JSC from it’s establishment as an interim commission in 2008 till 2015 as the lower courts appointee. Ahmed Rasheed elected by the law community served on the JSC from 2009 to 2015 and was appointed a Criminal Court judge by the JSC just days ago.

The third, Shujau Usman, was re-appointed a Magistrate by JSC despite a criminal record and was one of three magistrates cherry-picked by the JSC for the Hulhumale’ Magistrate Court bench for Nasheed’s case.

Nasheed’s trial then is not simply political persecution by the government of President Yameen but an already orchestrated trial, managed by the JSC, with the Prosecutor General and the Criminal Court bench already set against Nasheed and ready to avenge Abdulla Mohamed.

Meanwhile, heading the JSC today is Supreme Court Justice Ali Hameed infamous for his white underpants and sex tapes gone viral on the internet.

Aishath Velezinee sat on the Judicial Services Commission from 2009-2011.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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

Former President Mohamed Nasheed is being denied the constitutional right to appoint a lawyer as well as the right to appeal the Criminal Court’s “arbitrary” arrest warrant ahead of a surprise terrorism trial due to commence today, contends the opposition leader’s legal team.

At a press conference this afternoon, Nasheed’s legal team revealed that the Criminal Court informed the lawyers this morning that they 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.

“How can we submit forms two days ahead for a trial we did not know would take place two days before? It is clear to any sane person, this is absolute nonsense,” said Hisaan Hussain.

Nasheed was arrested at 2:30pm from his residence Yagoothuge yesterday (February 22). The warrant issued by the Criminal Court stated that Nasheed was being arrested on suspicion that he may abscond from trial.

Prosecutor General (PG) Muhthaz Muhsin filed terrorism charges against the former president yesterday over the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The court first informed Nasheed’s lawyers – Hisaan Hussain, Hassan Latheef and Ibrahim Riffath – that they could not advocate at the Criminal Court as neither were officially registered.

Hassan Latheef noted that the Criminal Court’s registrar also refused to meet the lawyers before 1:30pm.

Two other lawyers from the five-member legal team – Abdulla Shaairu and Ahmed Abdulla Afeef, prominent criminal defence lawyers who are both registered at the Criminal Court – were then told that they must register again to represent Nasheed.

However, the court subsequently informed the pair that according to court regulations they must submit registration forms two days in advance to be authorised to represent Nasheed at today’s trial.

“We only found out charges had been filed by the Prosecutor General yesterday. There is no way we could have submitted forms ahead of that two day period,” said Shaairu.

“The constitution clearly affords all citizens the right to legal counsel, from the moment they are first accused to the moment the suspicion is resolved. Here, we are speaking of a man who is a former president, a man who has the majority support of the public. If he is not treated justly, what hope is there for the ordinary man?”

Right to appeal

Under new regulations enacted by the Supreme Court this month outlining the appeal process, Nasheed’s lawyers explained that appeal forms must be sent through the trial court to the appellate court.

In order to appeal the arrest warrant, the lawyers explained, the appeal must be filed at the Criminal Court, which would then forward the case to the High Court within a seven day period.

However, the Criminal Court informed Nasheed’s lawyers this morning that the new appeal forms had not been provided to the court.

Hisaan noted that the Criminal Court was unlikely to expedite the process of appealing its own rulings, “especially in cases of unlawful arrest.”

The new regulations deny citizens the constitutional right to appeal court decisions, she asserted.

Ahmed Abdulla Afeef meanwhile suggested that the Criminal Court could use the sample form provided by the Supreme Court and copy the trial court’s letterhead, adding that the legal team was ready with all the paperwork to submit the appeal as soon as possible.

“Arbitrary”

Nasheed’s lawyers also expressed concern over “several irregularities” in the warrant signed by Judge Abdul Bari Yoosuf at 12:30pm yesterday, noting the absence of  key information such as place and time period of detention.

Despite the Criminal Court scheduling the first hearing of the terrorism trial for 4:00pm today, the warrant does not state that Nasheed must be brought to trial today.

Moreover, under normal procedure, police request arrest warrants to detain a suspect in an investigation.

However, in Nasheed’s case, PG Muhsin personally went to the Criminal Court yesterday and obtained the warrant, the lawyers revealed.

“We have always noted the state in prosecuting President Nasheed, has previously acted unlawfully. In this instance, we see the Prosecutor General so clearly and publicly flouting the law for political motives. We call on the PG to show independence and to act within the constitution,” said Hisaan.

The legal team also revealed that the Criminal Court has issued a new warrant ordering police to present Nasheed at for the terrorism trial due to begin at 4:00pm.

The lawyers noted the lack of continuity between the warrants, arguing that Nasheed must be released immediately if yesterday’s warrant is now outdated.

“I think police themselves are not clear what to do next. There is no time period in the warrant, so should he be brought before court in 24 hours? But that is done when an individual is arrested in an ongoing investigation, if there is no court order,” explained Hisaan.

“And if there is a court warrant, then the time period in the warrant expires. This case, however, is not an ongoing investigation.
It is not clear to anyone what they are trying to do. All we know is that there’s been serious and several violations of the constitutions, law and norms in issuing this warrant and in arresting the former president.”

“Abscond from trial”

Nasheed was arrested on the grounds that he had attempted to abscond trial during proceedings at the Hulhumalé Magistrate Court last year. A police intelligence report was also submitted as evidence to obtain the arrest warrant.

But the lawyers insist Nasheed cannot be held in detention because he “had never absconded from court, nor have taken the opportunity to flee or go into hiding, during numerous opportunities he had in the past few weeks to travel abroad, and that he had expressly informed the judiciary and Prosecutor General that he does not have any intention to abscond from Court or avoid charges being brought against him.”

PG Office Spokesperson Adam Arif told Minivan News that Nasheed’s arrest warrant was different from those issued in instances where an individual refuses to appear at court.

Nasheed had not previously been informed he would be prosecuted on terrorism charges.

Meanwhile, the PG office insisted in a statement yesterday that there was no legal “obstacle” to raising charges against former President Nasheed as a court had not ruled that the case submitted to the Hulhumalé Magistrate Court on September 1, 2012 could not be heard.

After withdrawing the case for further review on February 15, the Prosecutor General 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”.

The PG pressed terrorism charges against the former president under authority granted by the constitution, the Prosecutor General’s Act, and High Court rulings, the statement added.

“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,” reads the PG’s statement.

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Ex defense minister’s wife charged with illegal weapons possession

Former Defense Minister Mohamed Nazim’s wife has been charged with the illegal possession of weapons and arms, lawyers have confirmed.

Afaaf Abdul Majeed has been summoned to a first hearing at the Criminal Court on February 25, at 4:00pm, despite having received no indication she was under suspicion for possessing illegal weapons, lawyer Maumoon Hameed said.

“Afaaf has received a summons. But we have not received any additional information other than what was provided on the summons. We do not even know which laws the state is charging her under. We are yet to receive the court documents,” he said.

Hameed said Afaaf had been questioned over the controversial discovery of a pistol, bullets and an improvised explosive device at the former Defense Minister’s residence on January 18, but the police had not questioned her again afterwards.

“Apart from the statements police took from all family members during the alleged discovery of weapons from Nazim’s residence, no other investigative processes involving Afaaf has taken place.”

The Prosecutor General’s (PG) Spokesperson Adam Arif declined to comment on the case. Meanwhile, a Criminal Court Spokesperson was unable to confirm if the PG had filed charges against Nazim and his wife.

Nazim is currently in police custody over terrorism and treason charges. The Maldives Police Services said the former minister had been plotting to overthrow President Abdulla Yameen’s administration and was planning to harm senior government officials.

Nazim’s lawyers say the weapons were planted at his house and say he is being framed.

According to lawyers, Specialist Operations (SO) officers forced open Nazim’s door in the early hours of the morning on January 18, gathered Nazim, his wife and two children in the sitting room, and spent at least ten minutes without independent oversight in the then-minister’s bedroom. Shortly afterwards, investigative officers arrived on the scene, checked Nazim’s bedroom in his presence and discovered the weapons in a bedside drawer.

The police insist they were unaware whose house they were raiding.

Nazim was dismissed as Defense Minister on January 20, and subsequently declared no citizen was safe in the Maldives. He was arrested days after the police filed charges at the Prosecutor General’s office.

The Criminal Court on February 11 remanded Nazim for 15 days. The High Court upheld the detention on February 19.

Lawyers are appealing the police’s search warrant at the High Court.

Former President Mohamed Nasheed, also arrested for terrorism charges yesterday (February 22), and Jumhooree Party Leader Gasim Ibrahim have repeatedly called for Nazim’s immediate release from custody, accusing the government of “framing” the former minister.

Opposition parties have described Nasheed and Nazim’s arrest as President Abdulla Yameen’s efforts to silence opposition voices and to disqualify presidential contenders.


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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

Police raid Defence Minister Nazim’s home in early hours

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Police arrest former President Mohamed Nasheed ahead of terrorism trial

Police have arrested opposition leader and former President Mohamed Nasheed.

Maldivian Democratic Party (MDP) Chairperson Ali Waheed tweeted around 2:45pm today that police have entered Maafanu Yaagoothuge to arrest the former president.

A large crowd of supporters gathered outside the former president’s residence as news of the arrest spread through the capital.

Minivan News journalists at the scene observed clashes between members of the public and Specialist Operations (SO) police.

While the police van with President Nasheed inside was stuck in the narrow alley for about 30 minutes, riot police used pepper spray indiscriminately to clear a path.

Minivan News also observed rocks being thrown at the SO officers.

President Nasheed was accompanied by his lawyer, Hisaan Hussain. The opposition leader is currently at the Dhoonidhoo detention centre.

Jumhooree Party (JP) Spokesperson Ali Solih has confirmed that Nasheed was arrested on terrorism charges over the controversial detention of Criminal Court Judge Abdulla Mohamed.

The arrest warrant issued by the Criminal Court states that the former president might abscond from the trial.

On February 16, the Prosecutor General (PG) had withdrawn charges against Nasheed for further review.

Photo: Confrontation between police and Nasheed supporters at the time of his arrest

Refresh for updates

3:45pm – According to the office of the former president, Nasheed has been transferred to Dhoonidhoo prison. MDP Chairperson Ali Waheed has also been taken into police custody.

4:03pm – PG Muhthaz Muhsin has reportedly filed terrorism charges against former President Nasheed at the Criminal Court. The first hearing of the case has scheduled for 4:00pm tomorrow (February 23). The charges were raised in relation to the military’s controversial detention of Criminal Court Chief Judge in January 2012.

Former Defence Minister Tholhath Ibrahim, former Chief of Defence Forces Major General Moosa Ali Jaleel (currently President Abdulla Yameen’s defence minister), former Brigadier General Ibrahim Mohamed Didi (currently MDP MP for mid-Hithadhoo), and Colonel Mohamed Ziyad also face terrorism charges.

Photo: Protest outside Nasheed’s residence, Yaagoothuge, at the time of his arrest.

4:08pm – Following rumours of the impending arrest of JP Leader Gasim Ibrahim, protesters have gathered outside the Villa offices in the capital. The MP for Maamigili is believed to be inside the building. However, according to local media, the Criminal Court has denied that a warrant has been issued for Gasim’s arrest.

4:11pm: Three have been arrested outside the Maldives Monetary Authority building. Hundreds of opposition supporters are gathering at barricades at all roads leading to the Police HQ.

4:17pm: Before boarding a speed boat to Dhoonidhoo Island Detention Center, President Mohamed Nasheed told reporters: “I call on the Maldivian public to do everything necessary to stop the arrest and harassment of myself and other politicians to save the Maldives.”

4:23pm: Ruling Progressive Party of the Maldives (PPM) MP Ahmed Mahloof calls for Nasheed’s release and the withdrawal of charges in “national interest.”

4:35pm: Dozens of armed soldiers spotted outside the Coast Guard HQ in Malé. However, a military spokesperson told Minivan News there was no unusual activity within the military.

4:40pm: A Criminal Court official told Minivan News Judge Abdulla Mohamed took a leave of absence ahead of Nasheed’s trial over his detention. Judge Abdulla Didi is now in charge of the Criminal Court.

4:43pm: The Maldivian Democratic Party has called upon the PG and President Yameen to immediately release Nasheed, stating Nasheed “had never absconded from Court, nor have taken the opportunity to flee or go into hiding, during numerous opportunities he had in the past few weeks to travel abroad, and that he had expressly informed the judiciary and Prosecutor General that he does not have any intention to abscond from Court or avoid charges being brought against him.”

4:49pm: An official statement by the Maldives Police Services said the arrest warrant against Nasheed had been issued on the request of PG Muhsin.

A PG Spokesperson told Minivan News they had only requested for Nasheed’s arrest, although four others face the same charges and have been summoned to court at the same time.

4:55pm: The MDP claims warrants have been issued for the arrest of other senior members of the Maldivian Democratic Party, including the party’s spokesperson for international affairs Hamid Abdul Ghafoor.

The party condemned “in the strongest terms the brutality presently being inflicted on protesters with tear gas, peppers spray and assaults amongst gatherings of unarmed supporters of Presidnet Mohamed Nasheed.”

4:59pm: President’s Office Spokesperson Ibrahim Muaz Ali in a tweet stated: “I fully assure you this government will not arrest or detain any citizen unlawfully.”

5:09pm: Nasheed was first charged under Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal.

He is now being charged under the 1990 Anti Terrorism Act, which states kidnappings and abductions and attempts to kidnap or abduct are acts of terror.

A PG Spokesperson told Minivan News the Prosecutor General is authorised to withdraw charges and resubmit a case on different charges.

If found guilty, he faces a jail term or banishment of ten and 15 years.

5:18pm: The office of former President Mohamed Nasheed has expressed concern over the PG’s decision to re-prosecute Nasheed on “trumped up charges of terrorism.”

“There is little hope President Nasheed can be afforded anything approaching a fair trial.”

Read the full statement here.

5:20pm: Hundreds of opposition supporters calling for Nasheed’s immediate release have gathered near the Seagull café, Maldives Monetary Authority (MMA) and JP Leader Gasim Ibrahim’s Villa offices.

Minivan News journalists observed dozens of SO officers active at the Republican Square.

The Maldives Police Services in a statement at 5:05pm have warned they will take action against any citizens who disobey the police or break police cordons.

Photo: Protesters at the MMA area Photo: SO police at Republic Square

5:37pm: Demonstrators outside the MMA building are dispersing. However, a protest is ongoing near the Seagull cafe on Chandhanee Magu with MDP supporters calling for Nasheed’s release. Protesters remain behind police barricades.

6:11pm: Protests are ongoing near the Seagull café. Addressing the estimated 200-strong crowd, MDP supporter, Mariyam Agisa, 44, said: “We will not step back even if we are arrested or killed. We will do everything legally possible to oust this unjust government.”

MDP MP Eva Abdulla accused President Abdulla Yameen of arresting Nasheed in order to quell opposition protests against what they allege to be the PPM’s repeated violations of the constitution. The arrest comes ahead of a major opposition rally planned for Friday, February 27.

6:28pm: According to the MDP, at least six opposition supporters were arrested in the protests that followed Nasheed’s arrest today.

6:32pm: A police spokesperson confirmed one woman, a minor and five men were arrested on charges of obstructing police duty today.

Photo: Protests at Seagull café

8:00pm: Government supporters on Twitter have started a hashtag, #ISupportNasheedArrest. Majority Leader Ahmed Nihan tweeted today: “No one is above the law.”

8:05pm: MDP Chairperson Ali Waheed has been released from ADK Hospital after treatment of injuries. The former MP claims police assaulted him during Nasheed’s arrest this afternoon. Waheed was initially taken into custody along with Nasheed, but was later transferred to hospital.

9:03pm: About a hundred protesters are gathered near Seagull restaurant divided by police barricades into two sections, one on Chandaneemagu and the other on Fareedheemagu.

Several protesters are carrying placards with photos of youth with their faces covered during a PPM march in the capital on Thursday.

Earlier today, police released a statement urging protesters not to cover their faces or involve minors and to demonstrate in accordance with the Freedom of Assembly Act as well as the Anti-Social Behaviour Act. Police warned action against unruly demonstrators who disobey orders and break police lines.

9:08pm: An emergency meeting of the MDP-JP Inter-parliamentary Commission (IPC) is ongoing at Maafanu Kunooz.

9:24pm: Speaking at the protest, MDP Chairperson Ali Waheed has called on the police and military to defend the constitution. He has called for continued protests and for MDP supporters from across the country to come to the capital on February 27 for a planned mass demonstration.

Waheed expressed confidence of gaining a majority in parliament for the MDP-JP alliance and predicted more arrests in the coming days. He claimed President Yameen arrested former President Nasheed out of fear that the opposition will secure a parliamentary majority.

9:32pm: Ali Waheed criticised police for failing to arrest a suspect so far in the murder of a 24-year-old last night, suggesting the Maldives Police Service was too politicised to focus on combating crime. Waheed repeated calls for the public to join the mass demonstration on February 27, scheduled to begin at 4:00pm.

Waheed contended that the current political instability stems from the PPM marginalising former coalition partner JP. The country needs a national unity government led by JP Leader Gasim Ibrahim, he said.

9:42pm: Following the MDP-JP IPC meeting, JP Deputy Leader Ameen Ibrahim read out a joint statement to the press.

“The arrest of former president and MDP president, Mohamed Nasheed, on accusations of terrorism is unacceptable to the JP and MDP. We believe the charges of terrorism against President Nasheed are politically-motivated. And we believe that this was an act intended to intimidate political opponents. Both parties call for the immediate release of President Nasheed,” read the joint statement.

Ameen appealed for the cooperation of all Maldivian citizens in the joint efforts of MDP and JP “to defend the laws and constitution.”

9:52pm: Speaking to Minivan News, former President Nasheed’s lawyer, Hisaan Hussain, noted that criminal court regulations stipulates that a defendant must inform the court two days in advance of his legal representation. As the first hearing of the trial has been scheduled for tomorrow, Hisaan said Nasheed might be denied the constitutional right to appoint a lawyer.

President Nasheed’s legal team will appeal the Criminal Court’s arrest warrant at the High Court, Hisaan revealed.

10:55pm: Speaking at the protest, JP Leader Gasim Ibrahim noted that the Prevention of Terrorism Act was enacted in 1990, 18 years before the adoption of the new constitution in August 2008, contending that 1990 law conflicts with the constitution.

Gasim reiterated calls for the PG to immediately withdraw the “politically-motivated” terrorism charges against President Nasheed.

Gasim also called on the government to immediately release former Defence Minister Colonel (Retired) Mohamed Nazim, who is currently being held in pre-trial detention after police allegedly discovered a pistol and bullets in his apartment.

The JP leader and MP for Maamigili vowed to continue the protests across the Maldives.

10:55pm: Former Police Commissioner and JP MP, Abdulla Riyaz, said police and military officers had taken an oath to ensure the peace and security of all Maldivian citizens and should not “under any circumstances” enforce orders of politicians to make arrests or provide false pretexts to justify arrests.

Riyaz suggested police were forced to enforce the orders of politicians, including the arrest of former Defence Minister Nazim, who he reiterated had been “framed”. Nazim would not be convicted in a fair trial, he added.

The MP for Thaa Kinbidhoo appealed for police to act in accordance with the constitution.

“You shouldn’t be afraid of losing your jobs,” he said, urging police not to commit an “unjust” act in the hopes of a promotion.

Speaking for a second time, Gasim said the international community was watching developments in the Maldives closely. Gasim also questioned the necessity of keeping Nasheed in custody on the grounds that he might flee the country.

11:16pm: Protesters have moved to the Chandaneemagu-Majeedheemagu junction. JP and MDP leaders are making speeches atop a pick-up in the middle of the road. The crowd now numbers in the several hundreds.

11:18pm: Protesters are now heading towards President Yameen’s private residence on Alikilegefaanu Magu.

11:25pm: Protesters have broken through police barricades blocking the path to President Yameen’s residence. Police have used pepper spray and pushed protesters back. Minivan News journalists have observed bottles being thrown at police.

11:28pm: SO police officers in full riot gear have arrived and started pushing back protesters from Alikilegefaanu Magu to Majeedhee Magu.

11:31pm: Minivan News journalists have observed riot police arrest a protester.

11:35pm: SO police officers have pushed back protesters and set up barricades blocking entry to the south side of Alikilegefaanu Magu.

12:05am: Shortly before midnight, SO officers approached the pickup and asked JP and MDP leaders not to use loudspeakers after 12:00am. However, the JP’s Sobah Rasheed continued speaking without turning off the loudspeakers on the pickup.

The SO officers retreated and have not made any move to confiscate the speakers.

12:15am: SO police officers have charged the crowd, pushed protesters back and taken two protesters into custody. The crowd has been pushed back beyond the city council office.

12:17am: Minivan News journalists have observed MDP MP Ali Azim being taken into custody. Police are using pepper spray to disperse protesters.

12:23am: Riot police have charged again with batons and are attempting to disperse the crowd. A fourth arrest has been made. Minivan News journalists have observed one man injured during the SO charge near the city council office.

12:27am: Riot police have cleared protesters from Alikilegefaanu Magu and Majeedhee Magu. Police have opened Majeedhee Magu to traffic. Officers of the Maldives National Defence Force (MNDF) with shields and riot gear remain near President Yameen’s residence.

12:41am: At least six people have been arrested. SO officers have since left the scene on a police vehicle. Some protesters have returned to the Alikilegefaanu and Majeedhee Magu junction. Pockets of protesters are also further down the road near Chandhanee Magu.

12:45am: Journalists saw an SO police officer shove a protester into a window of the New Line shop. The protester cut his hand and the glass was shattered by a baton.

1:00am: Protesters have now largely dispersed although a small crowd remains near the Chandanee Magu-Majeedhee Magu junction. SO officers have reportedly seized the pickup and are patrolling the street and attempting to prevent protesters congregating.

Minivan News has ceased live updates.

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Young man stabbed to death in Malé

A 24-year-old man was stabbed to death around 10:00pm last night in the Henveiru ward of the capital Malé.

Eyewitnesses told Minivan News that Jailam Ahmed Shakir was stabbed numerous times by two men armed with machetes while he was sitting outside his house.

“I heard Jailam calling out for help and when I turned around I saw two men had grabbed him,” said Heera Adam, a neighbour.

“But the attackers had already stabbed him a lot of times. Jailam called out for me. He said ‘sister help me, take me away, they are trying to killing me.'”

According to witnesses, Jailam was carried to ADK Hospital in a pick-up truck shortly after the brutal attack. He was pronounced dead upon arrival at the hospital.

“[Jailam] had died even before he was brought to the hospital. He had a total of 12 wounds in his body including his neck, stomach, back, arms and calf’s. The most serious was the wound on his neck, which was very deep and that prevented blood circulation,” explained ADK Hospital Spokesperson Ahmed Affal.

Police are yet to make an arrest in relation to Jailam’s murder, but said the case was under investigation.

Since 2001, Maldives has seen 42 murders including Jailam’s, which comes two months after Ahmed Mafaz, 28, was killed last December.

“Full of hope”

Speaking with Minivan News today, Jailam’s mother said he was “a youth full of hope” for a brighter future.

“He was a recovering addict. I had made all the arrangements for him to be admitted in a rehab in Bangalore. I told him yesterday that that all the arrangements had been made and he said he is ready and that he doesn’t want to be in Malé anymore,” revealed Jailam’s mother, who had recently returned from India.

She recalled that Jailam woke up around 11:00am yesterday and asked his mother to make him lunch.

“He loved my cooking and he loved it when I prepare his dish. He came around six in the evening to eat. I had made him dhal curry.”

She noted that Jailam was very close to her and had often expressed it physically.

“Day before the murder Jailam had seen me on the road and came and hugged me. He told me how much he loved me and asked me what I would do without him,” she said.

Although he was an addict and had been unemployed, Jailam’s mother insisted that he did not bother anyone.

“He would just be himself and get on with what he liked. He would always be singing,” she said.

Jailam, the youngest of three siblings, was a music enthusiast and had recorded a few songs, one dedicated to his parents who live separately.

“He said he had recorded a song for me and his father because we are separated,” his mother said.

Commissioner of Police Hussain Waheed condemned the violence taking place in the capital last night, assuring police’s capability of tackling crime.

“The police are fully capable and will skillfully control the mob who are trying to disrupt the peace around Male’ City,” the commissioner wrote on his official Facebook page.

Related to this story

28-year-old man stabbed to death in gang-related violence

President Yameen welcomes restrictions on right to silence and legal counsel

Five injured in spate of street violence in Malé

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Islamic Minister denounces ISIS connection claim

Islamic Minister Dr Mohamed Shaheem Ali Saeed has condemned former Foreign Minister Ahmed Naseem’s claim of connections between the Islamic Ministry and the Islamic State.

In an interview with India’s first post, Naseem blamed Shaheem for “Maldives’ rapid degeneration into Wahabi Islam” and said Shaheem was “in cahoots with the IS.”

In response, Shaheem tweeted last night: “The Maldives’ Islamic Ministry does not support the IS ideology. I have repeatedly said so before.”

On August 24, Shaheem said in a tweet “ISIS is an extremist group. No space will be given for their ideology and activities in the Maldives.”

Two days later, Foreign Minister Dunya Maumoon issued a press release condemned human rights abuses carried out by the IS and called for the respect of life and dignity in the spirit of Islam.

Subsequently, approximately 200 people carrying the ISIS flags marched in Malé calling for the implementation of the Islamic Shari’ah.

The opposition Maldivian Democratic Party has repeatedly questioned the government’s sincerity, alleging the government had failed to take concrete action against growing radicalism.

Commissioner of Police Hussein Waheed in January estimated over 50 Maldivians to be fighting in foreign civil wars.

Since then, a former cleric of Malé’s Indhira Gandhi Memorial Hospital and his wife reportedly left to ISIS-held territory in Syria for jihad.

A Facebook group called Bilad Al-Sham, claiming to represent Maldivians in Syria reported at least five Maldivians have been killed in battle in the Middle East last year.

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Comment & Analysis: Rotten politics to defend a democratic constitution?

The Jumhooree Party (JP) in January split from the ruling coalition and allied with the opposition Maldivian Democratic Party (MDP) to “defend the constitution” against what they allege to be President Abdulla Yameen’s repeated constitutional breaches. The new alliance left many confused given the JP’s key role in former President Mohamed Nasheed’s 2012 ouster.

When Haveeru asked Nasheed how he could now trust JP Leader Gasim Ibrahim, he said: “It will be very easy [to understand the alliance] if we talk about interests instead of trust. In the political sphere, nobody should trust the other”.

This statement, I think, perfectly captures the rotten political culture that stands in the way of democratisation in the Maldives. President Nasheed is right. What we have is a political culture where nobody should trust the other. It is indeed a culture where nobody could. “Should” only arises where “could” exists.

It is a culture of extreme opportunism and cynical behavior, established through years of complex, interlocking dependencies fed by corruption, oligarchic money, crime, and patronage. Floor-crossing by elected MPs, some to multiple parties and back in one term, is just one visible aspect of its depth.

But, democracy will not function in the Maldives without a political culture in which we can be confident that the other’s commitment to minimum democratic principles and behaviour will transcend their personal interests.

Sacrifices, compromises, humility

Without this commitment, our only hope is that politicians’ interests and differences always harmonise with democracy. But interests don’t always harmonise with democracy. Substantive differences don’t always benefit from democracy.

Democracy thrives on sacrifices of interests. It requires painful compromises with substantive differences, be they religious or philosophical. And, importantly, democracy derives its sustenance from an ethic of humility.

The ethic of humility decries arrogance, hubris, and bossing around. Democrats dislike treating people as pawns on a chessboard and acting as though one knows all the right moves. That is also why democracy requires honest and robust debate, discussion, and critique.

This is not to say through an opportunistic game of duelling interests, this or that political reform may not happen. It’s also true that in moments of harmony of interests good outcomes could materialise. Sometimes the outcome may not even be what the participants intended.

Democratic failures

The past decade is rife with instances where politicians across the spectrum favored their own interests over democratic process, allowing mistrust, cynicism and opportunism to thrive on.

President Nasheed’s controversial detentions of Gasim and Yameen and the Criminal Court Chief Judge Abdulla Mohamed, during his term are instances of failure of this transcendental commitment to the democratic process. The 2012 coup by the then opposition parties through the security services is the ultimate breach of this commitment.

Jumhooree Party’s contestation of the first round of presidential elections in 2013 without any reasonable grounds and the abuse of the Supreme Court to manipulate the electoral process is another extreme example where “interests” transcended the commitment to democracy.

Now, President Yamin’s turn towards what may be a form of “competitive authoritarianism,” whereby, through legislative manipulation, he now can control an already corrupt judiciary and other independent state institutions, shows his commitment to democracy does not transcend his narrow political interests.

Yamin has succeeded in removing the Chief Justice and perhaps the only just Justice in the Supreme Court through legislative manipulation by his party’s majority in the parliament. This, of course, could help him manipulate the elections in 2018.

Democracy has become ever more elusive.

A combination of institutions and human behaviour

I’m of course not saying politics is for angels. But without a political culture based on certain minimum human behavioural commitments, democracy cannot be the “only game in town”, which, political scientists Juan Linz and Alfred Stepan claim, is a test of democracy’s consolidation.

I think one of Amartya Sen’s important points in The Idea of Justice is also that institutions alone don’t result in justice. Similarly, institutions of democracy — be they perfect constitutions or genuine elections — alone don’t result in democracy.

A people and a political elite that are behaviorally and attitudinally committed to democratic rules and principles are as crucial.

That is also why I am skeptical of the MDP’s claim that the solution to authoritarian turns in our politics is adopting a parliamentary system.

The forgoing analysis is bleak. A democracy survey in the Maldives in 2013 already painted a bleak picture for the country. The survey points to a crisis of public confidence in key democratic institutions and extraordinarily high levels of public cynicism towards politics as compared to other transitional states.

But that same survey also shows there are some reasons to be optimistic.

Youth comprises around 30% of the population. It is these youth groups that tend to gravitate towards democratic values. A political culture based on their empowerment and mobilisation is perhaps how we may achieve and sustain democracy.

Azim Zahir worked at the President’s Office and Transparency Maldives. He has a Masters in Political Science from the University of Sydney.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]

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Nasheed calls for Indian protection in state of emergency

Opposition leader and former President Mohamed Nasheed has called for Indian protection and intervention, claiming he fears President Abdulla Yameen may impose a state of emergency as the Maldives’ current political crisis deepens.

“I fear Yameen could impose emergency as he loses further ground. Under such circumstances he will ensure mass arrests, including my arrest. I urge India, as our closest neighbour, to intervene at that stage to ensure safety and security of political activists,” he told the Indian Economic Times.

The call comes in the wake of an alliance between MDP and former ruling coalition partner Jumhooree Party (JP) against what they allege to be Progressive Party of the Maldives’ (PPM) repeated violation of the constitution.

The opposition has called for President Yameen’s resignation and the MDP has since pledged to help JP Leader Gasim Ibrahim to assume the presidency.

Speaking to Minivan News today, PPM’s parliamentary group leader MP Ahmed Nihan condemned Nasheed’s “irresponsible” call on India to intervene in the Maldives’ internal affairs.

“Urging India to intervene in a sovereign nation’s internal affairs is a betrayal of our constitution. Its results will be bitter, especially on the Maldivian public,” he said.

Meanwhile, Foreign Minister Dunya Maumoon in a tweet expressed confidence that India would not intervene in Maldives’ domestic politics.

Fresh polls

Nasheed accused President Yameen of authoritarianism, alleging he had undermined independent institutions and illegally sacked the Chief Justice and the Auditor General.

He told the Economic Times the opposition coalition is “certain to win majority on the floor” when the People’s Majlis resumes parliamentary sessions in March.

Afterwards, the opposition coalition would force Yameen to resign and pave way for fresh presidential polls in which they would field Gasim as an opposition candidate, he said.

“While any president of Maldives can continue without majority in parliament, it is morally difficult for him or her to continue in office. Besides the president will find it difficult to function as appointments of ministers need parliamentary approval,” he explained.

“Under such circumstances, Yameen will have to resign and there will be fresh presidential polls. MDP has decided to support Gasim as president in this elections and MDP will have ministers in that government. In 2018, MDP will field presidential candidate and Gasim’s Jumhooree Party will support that candidate. We are trying to work on this formula for long-term stability in Maldives.”

The JP and MDP at present control ten and 21 seats respectively. Two JP and one MDP MP recently defected to the PPM, increasing the ruling coalition’s seats to 51 in the 85-member house.

Nasheed has previously predicted ten ruling party MPs would soon join the opposition coalition.

“Jumhooree and our MDP will have a majority in parliament and that will be proved next month. To preempt this, I fear, Yameen will prorogue parliament, prorogue constitution and impose emergency. He may then want to rule by emergency for the rest of three years of presidency. That will be the worst case scenario,” he said.

Nihan countered Nasheed’s statement saying an opposition majority in Majlis “is near impossible” even if PPM MP Ahmed Mahloof leaves the party as rumours suggest.

The Vilimalé MP also dismissed Nasheed’s claim that PPM leader and former President of 30 years Maumoon Abdul Gayoom was “uncomfortable with his half brother, Yameen, the president.”

“There is no political disagreements between Maumoon and Yameen, and there are no fights within the PPM,” he said.

The PPM has held rallies of its own in support of Yameen on Thursday, with a 400-strong youth march in Malé followed by a rally attended by at least 2000 people.

President Yameen has called for the opposition to prove allegations of constitutional breach at court and said the opposition’s claims are “baseless.”

Nasheed had called for Indian help last week, claiming he may be arrested as the judiciary made moves to restart a trial over the controversial detention of Criminal Court Chief Judge Abdulla Mohamed. The Prosecutor General has since withdrawn charges.

Nasheed also sought refuge inside the Indian Embassy in Malé in February 2013 after a court order on the police to present him at court over the judge’s trial.


Related to this story

MDP, JP rally supporters ahead of mass February 27 march

Two JP MPs and 15 councilors defect to PPM

Nasheed asks for India’s protection if jailed

Nasheed leaves Indian High Commission, states “desire for stability”

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