Day: March 9, 2015

“This is not a court of law. This is injustice,” Nasheed tells the Criminal Court

The Criminal Court tonight continued to hear evidence against former President Mohamed Nasheed in an ongoing terrorism trial, dismissing the opposition leader’s repeated requests for legal counsel.

“I want a lawyer. This is not a court of law. This is injustice. This is the biggest circus this country has seen in its constitutional history,” Nasheed told Judges Abdulla Didi, Abdul Bari Yoosuf and Sujau Usman.

All four of Nasheed’s lawyers quit today in protest of the Criminal Court’s alleged failure to provide adequate time to mount a defense.

The former president is accused of ordering the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012. If convicted under the 1990 Anti-Terrorism Act, he faces a jail term or banishment between ten and 15 years.

“I call on all Maldivian citizens to stop this atrocity the three of you are committing here, to summon you before a court of law and ensure justice,” Nasheed said in court today.

He accused the three judges of authoritarianism, taking the law in to their hands and ripping the 2008 Constitution to shreds. The opposition leader also said he preferred an immediate sentence over a trial without legal representation.

The Criminal Court adjourned today’s hearing after announcing Judge Abdulla would be called to court tomorrow night. However, the four defence witnesses would not be summoned as they do not appear to counter the state’s claims, judges said.

Nasheed was arrested on February 22, ahead of the surprise terrorism hearing scheduled for the next day. The Criminal Court has held eight hearings since then.

Documentary evidence

State prosecutors tonight presented video recordings of two speeches Nasheed had made in public on January 22, 2012 and on July 2, 2012, and an audio recording of comments made at the police HQ on January 18, 2012.

A video of Judge Abdulla’s arrest was also screened in court, showing masked soldiers escorting the judge out of his home and into a military vehicle. The video showed Judges Didi and Yoosuf active at the scene of Judge Abdulla’s arrest, Nasheed pointed out.

In the January 22 speech at Raalhugandu area in Malé, Nasheed said judges were undermining the constitutional powers of the judicial watchdog body tasked with disciplining judges. As the head of state, he said he was obliged to take action, but said arresting individuals gave him no satisfaction.

Nasheed also said judges must have the required qualifications, honesty and integrity.

In the July 2 speech, Nasheed described Judge Abdulla Mohamed as a national security threat and said he had ordered the Maldives National Defence Forces (MNDF) to treat Judge Abdulla as such, upon a request from the Home Minister and the Commissioner of Police.

Meanwhile, in an audio clip of comments made to police officers on January 18, Nasheed said he would not allow Judge Abdulla within 100 meters of a courthouse during his presidency.

State prosecutors also read from a transcript of a conversation between Nasheed and his cabinet on January 17, 2012, in which the former president asked his ministers their opinion on releasing Judge Abdulla or keeping him detained.

A log of MNDF’s observations of Judge Abdulla’s activities while at Girifushi, and several Supreme Court and High Court rulings ordering the judge’s release were also presented.

State prosecutors said Nasheed’s comments demonstrated he had directly ordered the judge’s arrest, while the video of the arrest, the military logs and court orders demonstrated the judge had been incarcerated against his will on military training island Girifushi.

At every opportunity, Nasheed repeated a request for legal counsel of his choosing, and reiterated his belief that the trial was unjust and unlawful.

The Criminal Court dismissed Nasheed’s requests, claiming the former president and his legal team had been afforded adequate time. They have previously argued case documents had been provided three years ago when charges of ordering Judge Abdulla’s “arbitrary detention” were filed against Nasheed.

However, lawyers in a statement on Monday evening noted Prosecutor General Muhthaz Muhsin had withdrawn the lesser charges and pressed harsher terrorism charges on February 22.

“Even though we had the case documents for three years, we were reviewing and researching those documents and evidence to mount a defence for the intial charges,” the lawyers said.

“We have to start work all over again in order to build a defence for the new terror charges. This is why we keep reiterating requests for additional time in the ongoing hearings.”

The basis of defence arguments are now different, lawyers argued, stating it was “impossible” to provide Nasheed with proper legal counsel without sufficient time.

Meanwhile, the High Court on Monday threw out an appeal filed by Nasheed in which he claimed the Prosecutor General was not authorised to re-prosecute on new charges.

The appellate court claimed the appeal required interpreting the Constitution and said it had no jurisdiction over the matter.

Nasheed had also appealed the Criminal Court’s decision to keep him under custody until the trial ended. Lawyer Hisaan Hissein has previously said the High Court had rejected the appeal by classifying the Criminal Court’s bail denial ruling as a court summons.

Lawyers have also appealed the initial arrest warrant, and the Criminal Court’s refusal to recuse Judges Abdulla Didi and Judge Abdul Bari Yoosuf despite the pair having provided witness statements to a 2012 investigation into Judge Abdulla’s arrest.

Judge Abdulla’s arrest sparked 22 consecutive nights of violent anti-government demonstrations that culminated in a police and military mutiny on the morning of February 7, 2012, forcing Nasheed to resign in what he subsequently called a “coup d’etat.”

Related to this story

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Nasheed’s lawyers stage no-show citing insufficient time for preparation

State prosecutors influencing witnesses, claim Nasheed’s lawyers

Chief of Defense Forces testifies in Nasheed, Tholhath terrorism trials

Nasheed contests credibility of police and military witnesses in terrorism trial

Judges Didi and Yoosuf refuse to step down from Nasheed’s terrorism trial

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

Former President Nasheed arrives in court with arm in makeshift sling

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

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Nasheed’s lawyers quit

Former President Mohamed Nasheed’s lawyers quit today in protest of the Criminal Court’s alleged refusal to provide sufficient time to mount a defence on terrorism charges.

Lawyers Hisaan Hussein, Abdulla Shaairu, Ahmed Abdulla Afeef and Ibrahim Riffath said they are unable to dispense legal advise and counsel to President Nasheed and represent him on a fair and just basis.

Nasheed is charged with ordering the abduction of Criminal Court Chief Judge Abdulla Mohamed in January 2012. If convicted, he faces a jail term or banishment between ten and 15 years.

The Criminal Court has dismissed the lawyer’s repeated requests for additional time, arguing case documents had been provided three years ago when charges of ordering Judge Abdulla’s “arbitrary detention” were filed against Nasheed.

However, lawyers noted Prosecutor General Muhthaz Muhsin had withdrawn the initial lesser charges and pressed newer and harsher terrorism charges.

“Even though we had the case documents for three years, we were reviewing and researching those documents and evidence to mount a defence for the intial charges,” the lawyers said in a statement today.

“We have to start work all over again in order to build a defence for the new terror charges. This is why we keep reiterating requests for additional time in the ongoing hearings.”

The basis of defence arguments are different, lawyers argued, stating it was “impossible” to provide Nasheed with proper legal counsel without sufficient time.

“Our consciences do not allow us to continue when we are unable to carry out our duties according to the oaths we swore as lawyers,” they added.

The defence team’s resignation comes after they staged a no-show last night over the court’s alleged failure to provide important documentary evidence on time.

In Sunday evening’s hearing, the legal team was supposed to evaluate the prosecution’s audio and video evidence, but the CDs of this evidence were either un-labeled, dysfunctional or left blank, lawyers alleged.

The Criminal Court last night warned Nasheed’s legal team against protesting the court’s rulings, and warned Nasheed they would continue tonight’s hearing without legal representation if he is unable to appoint new lawyers.

Nasheed was arrested on February 22 on Muhsin’s claim he may abscond from a hearing scheduled for the next day. At the time of his arrest, Nasheed was not aware of Muhsin’s decision to press new charges.

The former president has expressed concern over the Criminal Court’s decision to expedite hearings, especially as he continues to be held in police custody.

Meanwhile, the High Court today threw out an appeal filed by Nasheed in which he claimed the Prosecutor General was not authorised to withdraw charges and re-prosecute on new charges.

The appellate court claimed the appeal required interpreting the Constitution and said it had no jurisdiction over the matter.

Nasheed had also appealed the Criminal Court’s decision to keep him under custody until the trial ended. Lawyer Hisaan said the High Court rejected the appeal by classifying the Criminal Court’s bail denial ruling as a court summons.

Lawyers have also appealed the first warrant to arrest Nasheed, and the Criminal Court’s refusal to recuse Judges Abdulla Didi and Judge Abdul Bari Yoosuf despite the pair having provided witness statements to a 2012 investigation into Judge Abdulla’s arrest.

Over 70 lawyers submitted a petition to the Human Rights Commission of the Maldives (HRCM) yesterday urging the commission to investigate unlawful acts committed by courts within the criminal justice system.

The petition outlined seven issues, including court’s denying the accused their right to legal representation and right to adequate time to prepare defence, as well as obstructions in appealing court rulings.

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Adhaalath Party withdraws support for President Yameen

The religious conservative Adhaalath Party has withdrawn support for President Abdulla Yameen’s administration, citing a rise in violence and corruption.

“In the few days that have passed since President Yameen assumed office, corruption and violence has increased, and justice has been abandoned,” the party’s consultative council said in a statement.

“The government is misusing the public’s support and has narrowed basic rights guaranteed by the constitution. It has also undermined the independence of independent institutions and is now attempting to consolidate power by taking over the three branches of the state.”

The AP said it’s attempts to reform the system from within had been in vain.

“We don’t see how we could work with the government anymore,” the statement read.

The Jumhooree Coalition, of which AP was a member, backed President Yameen at the eleventh hour during the 2013 presidential polls. The party received the Islamic Affairs portfolio in return.

In an interview with newspaper Haveeru today, AP President Sheikh Imran Abdulla said that the party would not join the opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) coalition, and preferred to work “independently.”

Sheikh Imran has been critical of President Yameen since former Defence Minister Mohamed Nazim’s arrest over charges of terrorism and treason. He has now been charged with importing and possessing illegal weapons.

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Raajje TV barred from Criminal Court, accused of threatening judge

The Criminal Court has accused opposition-aligned Raajje TV of threatening Judge Abdul Bari Yoosuf and has barred the station’s journalists from attending court hearings.

A Raajje TV journalist and cameraman were briefly detained last night around midnight after they videotaped an alleged meeting between Judge Bari and Prosecutor General Muhthaz Muhsin at Café Layaali in Malé.

“Raaje TV has been barred from attending hearings because they are spreading lies about judges, meddling in judges personal affairs and engaging in actions that may harm judges,” a Criminal Court official told local newspaper Haveeru today.

Judge Yoosuf sits on a three-judge panel overseeing a series of high profile cases, including terrorism trials against former President Mohamed Nasheed and former Defence Minister Tholhath Ibrahim Kaleyfaanu, and an illegal weapons trial against former Defence Minister Mohamed Nazim.

Raajje TV has declined to comment on the matter, stating they have not yet received official communication of the Criminal Court’s decision.

Nasheed’s lawyers had previously asked Judge Bari and Muhsin, also a former Criminal Court judge, to excuse themselves from the case, arguing the pair had a conflict of interest as they had provided witness statements during a 2012 investigation into their colleague’s arrest.

Judge Abdulla had called Judge Bari on receiving news of his impending arrest, while Muhsin had been at Judge Abdulla’s home during the arrest, witness statements reveal.

The defence team has now called Muhsin to the witness stand. Meanwhile, Judge Bari has refused to step down from the bench, claiming judges could choose between adjudicating or testifying.

According to a Raajje TV editorial staff who wished to remain anonymous, Muhsin and Yoosuf were sitting at the same table smoking shisha last night. The alleged meeting took place hours after the seventh hearing of Nasheed’s terrorism trial.

“Our staff only videotaped the meeting. Muhsin walked away the second they started asking questions,” he said.

Mushin, however, has denied meeting Bari, and said he would resign from the prosecutor general’s post if the meeting could be proven. He said the judge was already at the café when he went there for a private meal with his family members.

“Most of the cafés are crowded with politicians these days. Layaali is one of the few places you could go and enjoy a cup of coffee in peace. That’s why I went there, but I wasn’t with Bari,” Muhsin told Minivan News today.

The TV crew had not even recognised him as they were solely focused on videotaping Judge Bari, the PG added.

“The crew were right next to me. But I don’t even think they recognised me. Because they didn’t videotape me, they were taping Bari who was sitting at another table. I don’t know why they would accuse me of such a thing. Anyone there would clearly see that I was sitting with a separate group of people and Judge Bari was sitting at another table,” he said.

According to the Raajje TV staff, when Muhsin left the café, Bari demanded to know who the crew members were. Café staff then ordered the crew to erase footage.

“Bari also ordered the crew to confiscate the camera but our crew resisted,” he said.

Ruling Progressive Party of the Maldives (PPM) MP Ahmed Assad arrived at the café shortly afterwards with a group of young men and forced the cameramen to delete the footage, he said.

The crew “got away unharmed” because of their security guards, he said. Specialist Operations (SO) police officers then arrested the crew escorted them to the police HQ.

The police conducted body searches and took statements from the crew. They were released afterwards.

A police spokesperson insisted Raajje TV crew members had not been arrested, but detained briefly for videotaping in Café Layaali without the owner’s permission.

In 2013, the watchdog Judicial Service Commission suspended Judge Bari for over a year pending the outcome of a complaint lodged against him for alleged misconduct.

Although the commission did not reveal any details of the complaint, local media reported that a female attorney from the Prosecutor General’s Office had alleged that Bari had sexually assaulted her.

Bari was cleared of the allegations and resumed duty at Criminal Court on July 24, 2014.

Related to this story

Nasheed’s lawyers stage no-show citing insufficient time for preparation

State prosecutors influencing witnesses, claim Nasheed’s lawyers

Nasheed contests credibility of police and military witnesses in terrorism trial

Judges Didi and Yoosuf refuse to step down from Nasheed’s terrorism trial

JSC clears Criminal Court Judge Abdul Bari Yousuf of ethical misconduct

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President Yameen presents ‘Rehendi Awards’

President Abdulla Yameen presented this year’s ‘Rehendi Awards’ to three women in recognition of outstanding service to national development and society.

At a function held yesterday to mark International Women’s Day, President Yameen conferred awards to Fathimath Nahula, for her achievements as a writer and film director, Shameera Adam, for outstanding work in agriculture, and Naseema Mohamed, for years of voluntary service as a mid-wife.

The Rehendi awards were launched last year with chef Juweirya Wajdhee and pastry chef Aminath Nasheedha the first recipients.

According to local media, 27 women were nominated for this year’s awards whilst the winners were chosen by the gender ministry based on an evaluation criteria that considered individual contributions to the nation.

First Lady Fathmath Ibrahim meanwhile presented commemorative brooches to the winners.

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Government to submit gender equality bill to parliament

The government will submit legislation on gender equality during the ongoing first session of the People’s Majlis for 2015, Attorney General (AG) Mohamed Anil has said.

Speaking at a function held at the Islamic Centre yesterday to mark International Women’s Day, AG Anil – who also heads the Ministry of Law and Gender – said the bill would protect women’s rights, empower women socially and economically, and ensure equal rights.

Anil said the government has undertaken significant efforts to promote women’s rights and “eliminate obstacles” faced by Maldivian women.

“Of the total 926 members of the Ministry of Economic Development’s Sabah project, I note happily that 91 percent are female members,” he said.

He added that 60 percent of the Ministry of Fisheries and Agriculture’s commercial loan scheme would be earmarked for women and youth.

The government has also formulated and enacted rules for operating daycare centres to assist working mothers, Anil said, adding that an amendment would be submitted to tax laws to exempt the centres from GST.

Efforts were currently underway to establish safe houses in each atoll for victims of domestic violence, he added.

Safe houses or temporary shelter have so far been set up at the Family and Children Service Centres  in Haa Dhaal Kulhudhufushi, Shaviyani Fonadhoo, Thaa Veymandoo, and Gaaf Dhaal Thinadhoo, Anil noted.

Anil said there was no discrimination between boys and girls in the education sector, noting that 70 percent of graduates from the National University in March 2014 were female.

In its concluding observations released last Friday (March 6) on the combined fourth and fifth periodic reports of the Maldives, the UN Committee on the Elimination of Discrimination against Women welcomed legislative reforms such as the Sexual Harassment and Abuse Prevention Act of 2014, the Sexual Offences Act of 2014, the Prevention of Human Trafficking Act of 2013, and the Domestic Violence Prevention Act of 2012.

The Maldives acceded to the UN Convention on Elimination of Discrimination against Women (CEDAW) in July 1993

The committee also noted the establishment of the Family Protection Authority in 2012 and welcomed “forthcoming amendments to the Family Act to regulate the distribution of matrimonial assets upon divorce.”

In his presidential address at the opening of parliament earlier this month, President Yameen said the legislation would protect women’s rights in divorce cases as pledged during the presidential campaign.

The CEDAW committee meanwhile noted “that the principle of equality between women and men is not yet explicitly enshrined in legislation” and called on the state to ensure that the gender equality bill includes a definition of discrimination on the basis of sex.

The committee also expressed concern about “the delay in conducting a gender impact analysis of some of its existing laws, including family law provisions which continue to indirectly discriminate against women, and in adopting regulations necessary for the full implementation of the Domestic Violence Prevention Act and the Prevention of Human Trafficking Act.”

Insufficient progress

Meanwhile, in a press release yesterday, the Human Rights Commission of Maldives (HRCM) said the Maldives has not achieved or made adequate progress under the Millennium Development Goal of ensuring equal rights for women.

Referring to its shadow report to the CEDAW committee last year, the commission said it had noted the underrepresentation of women in decision-making as well as the minor role of women in economic development.

The report noted that some police officers believe violence against women was caused by women failing to fulfil their duty as submissive wives.

The HRCM also contended that women were not receiving full protection under the new domestic violence, sexual offences, and sexual harassment laws, noting that regulations required under the domestic violence law have yet to be enacted two years after it was passed.

“Despite domestic violence cases being reported, we note that that relevant state institutions are not taking action in accordance with the obligatory rules for such cases,” the HRCM press release stated.

The commission also stressed the importance of expediting the passage of the gender equality bill and appealed to the executive to allocate sufficient funds and resources for institutions responsible for protecting women’s rights.

“Awareness also needs to be raised among girls regarding their physical and reproductive health,” the press release continued.

“To achieve this, we appeal for both further widening the role of state institutions and civil society organisations and instilling the spirt of working together.”

The slogan for this year’s International Women’s Day is ‘Empowering Women – Empowering Humanity: Picture it!’

Related to this story

CEDAW committee welcomes progress on women’s rights, expresses concern with child marriages, flogging and gender stereotypes

Some police officers believe women to blame for domestic violence, says HRCM

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Maldives wins third best exhibitor award at ITB Berlin

The Maldives has been awarded the third best exhibitor in the Asia, Australia and Oceania category at the ITB Berlin Exhibition 2015, the world’s leading travel and tours show.

The Maldives Marketing and Public Relations Company (MMPRC) explained a statement that the awards were handed out after bachelors and masters students at the Cologne Business School (CBS) evaluated all 11,000 booths during the first three days of the exhibition.

“These stands were assessed according to numerous criteria such as creativity, originality, service quality, sustainability and special effects,” MMPRC explained.

South Korea came in first place and India was placed second.

After accepting the award at a ceremony organised by CBS on Saturday night, MMPRC Managing Director Abdulla Ziyath thanked industry partners for their collaboration in making ITB 2015 a success.

Last week, the Maldives was named the official country partner for the 2016 ITB Berlin Convention. Egypt was this year’s country partner.

“Starting from 10th March 2015 till the beginning of ITB 2016, Maldives together with ITB will be promoting the event on different media platforms,” the MMPRC said.

The MMPRC also launched its ‘Visit Maldives 2016’ campaign at the trade show, which took place from March 4 to 8 in Berlin, Germany.

“There have recently been some negative reports about protests in Malé,” said Mohamed Khaleel, Chairman of the MMPRC.

“We are a growing nation, and everyone here knows how important tourism is for us. The problems must be resolved, and we shall do all we can to maintain security and to ensure that this sector, the backbone of our economy, is not put at risk in any way.”

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MP Didi flown overseas for medical treatment

Opposition Maldivian Democratic Party (MDP) MP Ibrahim Mohamed Didi is currently in India for medical treatment, reports local media.

The retired brigadier general was hospitalised at the Indira Gandhi Memorial Hospital (IGMH) on March 1 and kept at the intensive care unit (ICU) for a heart test every six hours.

A friend of the mid-Hithadhoo MP told newspaper Haveeru is being treated at a specialist hospital for heart diseases in Kerala, adding that Didi’s blood pressure was also high.

Didi’s condition was now improving, he told the local daily.

The opposition MP is currently on trial on terrorism charges – along with former President Mohamed Nasheed and senior officers of the military – over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Didi was Malé Area Commander at the time of the controversial arrest. Following his hospitalisation, the Criminal Court has not scheduled any further hearings in Didi’s trial.

After the first hearing, Didi asked whether the terrorism trial was his reward for risking his life in defence of the nation during the November 3, 1988 failed coup attempt by a group of Maldivians and Tamil mercenaries.

Didi – a corporal and former President Maumoon Abdul Gayoom’s bodyguard at the time – played a pivotal role on November 3 by carrying the keys of the armoury from Machangoalhi Kinbigasdhoshuge to the besieged military headquarters before soldiers ran out of ammunition.

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Nazim’s family to meet foreign diplomats in Colombo

Former Defence Minister Mohamed Nazim’s daughters and brother-in-law have departed to Colombo, Sri Lanka, to brief foreign diplomats regarding the prosecution of the retired colonel on weapons possession charges.

Nazim is currently on trial after police raided his apartment on January 18 and discovered a pistol and three bullets in a bedside drawer. He was subsequently dismissed from the cabinet and arrested on additional charges of treason and terrorism.

According to Vnews, Nazim’s two daughters and brother-in-law, Ismail Hameed, are scheduled to meet ambassadors, charge d’ affairs and high commissioners of Australia, Canada, Germany, United States, Britain, France, Switzerland and the European Union.

The family is also expected to hold a press conference for international media after the meetings.

In late February, Nazim’s family 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’s lawyer claim he was “framed” after police planted a pistol and bullets in the then-defence minister’s apartment. However, police have denied the allegations, insisting that “nothing was done in violation of procedures, regulations and laws in the investigation of the case.”

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