Day: March 12, 2015

UK Conservative Party’s human rights body calls for sanctions on Maldives

The UK Conservative Party’s Human Rights Commission has called a rushed terrorism trial against former President Mohamed Nasheed a “grotesque travesty of justice,” and urged the international community to consider sanctions against senior government officials.

The opposition leader is accused of ordering the “abduction” of Criminal Court Chief Judge Abdulla Mohamed in 2012. If convicted under the 1990 anti-terrorism laws, he faces a jail term or banishment between ten and 15 years.

The chair of the Conservative Party’s human rights body, MP Fiona Bruce, said Britain and the international community could not afford to remain silent in the face of “such gross injustice.”

“Targeted sanctions against the international assets of senior members of the regime, as well as a boycott of tourist resorts owned by senior members of the regime or their associates, should be seriously considered,” she said in a statement today.

“The Commonwealth should consider suspending the Maldives. We must all do everything we can to ensure that Mohamed Nasheed is freed, democracy is restored and justice is done.”

The Conservative Party has long been an ally of Nasheed’s Maldivian Democratic Party (MDP), assisting with party building and campaigning.

The ruling Progressive Party of the Maldives (PPM) has meanwhile slammed the international community for its alleged “double standards and hypocrisy” over Nasheed’s trial.

“Travesty”

Bruce expressed concern over the Criminal Court denying Nasheed legal representation at a first hearing, and the police’s manhandling of the former president when he was brought to court on February 23.

Nasheed appeared in court with his arm in a makeshift sling and requested immediate medical attention and legal counsel.

“I am deeply concerned that he has been physically mistreated while in custody. The images of him being dragged along the ground into court were truly shocking,” she said.

“Mohamed Nasheed is a champion of non-violent, peaceful democracy. Charging him with terrorism is in itself absurd, and blatantly politically-motivated,” she added.

She went on to question the impartiality of the Prosecutor General Muhthaz Muhsin and the three judges—Abdulla Didi, Abdul Bari Yoousuf and Sujau Usman—who are overseeing Nasheed’s trial.

“In Mr Nasheed’s trial the prosecutor-general is a former associate of Judge Mohamed, and the lead judge had refused to take disciplinary action against Judge Mohamed as deputy head of the Judicial Services Commission. Another judge faces allegations of bribery and the third has a criminal record. What hope can there possibly be of a fair trial? “

The chairperson called on the government to release Nasheed and engage in political dialogue.

“Today I urge the Government of the Maldives to drop the charges, release Mr Nasheed and engage in a political dialogue to find a peaceful way forward towards the restoration of democracy and respect for human rights.”

Meanwhile, President Abdulla Yameen has declared foreigners must not meddle in domestic affairs, insisting Nasheed’s trial demonstrated the law would be enforced without bias.

In a statement on Thursday, the PPM said “many observers, ‘experts’ and ‘proponents of democratic values’ including many countries and organisations had ignored the many unconstitutional and undemocratic actions of President Nasheed.”

When Judge Abdulla was detained, “only a few organisations released statements condemning this illegal act,” but today “every minor incident in Maldives warrants a statement by some countries and organisations while many serious and deteriorating situations in other countries are ignored,” it added.

The PPM has repeatedly called on the international community to respect Maldives sovereignty and not to undermine its institutions.

Stressing the PPM remained committed to strengthening and consolidating democracy in the Maldives and protecting human rights, the party said it believed “justice should take its course and no man is above the law.”

Local human rights group Maldivian Democracy Network has also highlighted 11 issues of concern with Nasheed’s trial, ranging from alleged witness coaching to Criminal Court’s refusal to provide sufficient time to mount a defence.

The Criminal Court, however, has insisted Nasheed’s legal team had been afforded sufficient time, arguing case documents had been provided three years ago when the former President was charged with arbitrarily detaining Judge Abdulla.

Nasheed’s legal team maintain they require more time to prepare a defence for the new harsher charges of terrorism.

When lawyers quit in protest on March 9, the Criminal Court proceeded without affording Nasheed ten additional days to appoint new lawyers, insisting the former president could appoint lawyers at any time via a phone call.

The Criminal Court is to hear concluding statements tomorrow night. Judges could issue a verdict at their discretion afterwards.

The Commonwealth, EU, Canada, UK, Australia and India have expressed concern over new terror charges against Nasheed, and denial of legal representation and police mistreatment at the trial’s first hearing.

Related to this story

Nasheed trial “not free or fair,” says Maldivian Democracy Network

Foreigners cannot meddle in domestic affairs, declares President Yameen

PPM accuses international community of “double standards and hypocrisy” in Nasheed’s trial

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

Global change makers demand a fair trial for Nasheed

Indian Prime Minister Modi cancels Maldives trip

EU, UN join international chorus of concern over Nasheed’s arrest, terrorism trial

Foreign Minister Dunya slams Canada, Commonwealth statements on Nasheed prosecution

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Foreign minister slams alleged attempts to place Maldives on CMAG agenda

Foreign Minister Dunya Maumoon has slammed alleged attempts to place Maldives on the formal agenda of the Commonwealth Ministerial Action Group (CMAG) over former President Mohamed Nasheed’s trial on terrorism charges.

Speaking to the press at the President’s Office today, Dunya accused unnamed “foreigners” working alongside local opposition politicians of pushing for CMAG action against the Maldives on the grounds that the opposition leader’s trial was unlawful and unfair.

Nasheed’s trial was proceeding in accordance with laws and regulations, Dunya insisted, arguing that the “issue does not necessarily have to be taken to CMAG.”

Dunya also claimed there was “no international pressure” regarding Nasheed’s trial, stating that other countries would not be allowed to meddle with Maldives’ domestic affairs.

“CMAG placed us on their agenda in 2012. We believe it was not the best action and CMAG also has the same views,” said Dunya.

“Commonwealth does not want to go through the same experience. It was a bitter experience.”

Nasheed is  presently on trial at the Criminal Court over the military detention of Criminal Court Chief Judge Mohamed Abdulla in 2012.

If convicted, the opposition leader faces ten to 15 years of imprisonment or banishment.

Meanwhile, a ruling Progressive Party of Maldives (PPM) MP has proposed amendments to the Prisons and Parole Act that if passed would effectively strip Nasheed of his party membership.

Also speaking at the press conference today, Attorney General Mohamed Anil – who recently flew to Sri Lanka to brief diplomatic missions about Nasheed’s prosecution – said the international community raised a number concerns.

Anil revealed that foreign diplomats inquired as to why the charges against Nasheed were abruptly changed from arbitrary detention to terrorism, while sharing concerns over the swift speed of trial proceedings.

The attorney general said the Maldives delegation responded by explaining that the Judge Abdulla’s detention was not arbitrary detention as he was neither presented at court within 24 hours nor released despite several court orders.

Anil also dismissed Nasheed’s legal team’s claim of insufficient time for preparation, arguing that his lawyers have had access to the prosecution evidence and witness testimony since 2012. The only difference was the charge of terrorism, he said.

Dunya meanwhile said that she recently briefed numerous diplomats regarding the trial during trips to Geneva and the United Kingdom, including Minister of State for the UK’s Foreign and Commonwealth Office Hugo Swire.

Swire had previously released a statement stressing the importance of following due process and respecting Nasheed’s rights “for international confidence in the Maldives.”

“It is also incumbent upon the Government of Maldives to ensure his safety. We urge calm right across Maldives and we encourage all parties to act with moderation and restraint,” he said.

“The UK will continue to monitor the situation closely.”

Maldives was previously placed on the formal agenda of CMAG after Nasheed controversially resigned in February 2012 in the wake of a police mutiny.

Pro-government MPs at the time alleged that the Commonwealth was being bribed by opposition supporters, with MP Riyaz Rasheed claiming that the United Kingdom was “not a democracy” and that the queen was “physically challenged.”

After the Commonwealth Secretary-General released a statement last month expressing concern with denial of legal representation to Nasheed, Dunya issued a counter-statement expressing regret with “the strategic misrepresentation of basic facts in the Secretary General’s statement.”

“I wish to recall that the Commonwealth Secretariat had misread the situation in the Maldives once before, in 2012 and presented it to the CMAG, which took punitive measures against the country,” Dunya said.

“The Maldives, however, emerged from the situation vindicated by the CoNI Report. The government is hopeful that the Commonwealth will not repeat the same mistakes again.”

Related to this story

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

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

Former President Nasheed arrives in court with arm in makeshift sling

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

EU, UN join international chorus of concern over Nasheed’s arrest, terrorism trial

Australia concerned over civil unrest following Nasheed’s arrest, trial

Commonwealth envoy criticises conduct in parliament, MPs raise bribe allegations

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Third suspect in Jailam murder remanded

The Criminal Court has extended the remand detention of a third suspect in the murder of 24-year-old Jailam Ahmed Shakir, reports local media.

The 20-year-old suspect was reportedly arrested on Tuesday (March 10) whilst two other suspects, aged 19 and 24, were taken into policy custody with arrest warrants on March 3.

The Criminal Court extended the remand detention of the latter to 15 days.

Meanwhile, Sun Online has claimed a fourth suspect in the murder, 18-year-old Mohamed Humaid has fled the Maldives and is currently in Sri Lanka.

Jailam was stabbed to death on the night of February 21 in the Henveiru ward of the capital Malé.

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

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Murder convicts sue correctional services for refusing to authorise marriage

Ahmed Murrath and Fathmath Hana – sentenced to death for the murder of lawyer Ahmed Najeeb in July 2012 – have sued the Maldives Correctional Services (MCS) for refusing to authorise their marriage.

According to local media, the first hearing of the lawsuit filed by the couple last year was scheduled for 1:30pm today. Inmates are required to seek authorisation from the MCS for marrying while incarcerated.

The pair have also appealed the Criminal Court’s guilty verdicts at the High Court. At a hearing last month, Murrath told the appellate court that police coerced his confession to the murder.

His lawyer had previously told the High Court that Murrath confessed in order to escape punishments he received during the investigation period, including sleep deprivation.

Murrath and his 18-year-old girlfriend Hana were arrested and charged with Najeeb’s murder after his body was discovered by police stuffed inside a dustbin, badly beaten with multiple stab wounds.

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Indian navy ship Gomati arrives in Maldives

Indian navy ship Gomati arrived in the Maldives yesterday, according to the Maldives National Defence Force (MNDF).

The INS Gomati would be taking part in a joint surveillance patrol of the Maldives’ Exclusive Economic Zone (EEZ) from March 11 to 16, MNDF said in a statement.

It added that MNDF coastguard vessels would also be involved in the patrol.

Indian naval vessels have routinely conducted joint surveillance and anti-piracy patrols with the MNDF coastguard.

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MNDF dismisses claims of missing weapons

The Maldives National Defence Force (MNDF) has dismissed former Defence Minister Mohamed Nazim’s claims of missing weapons from the state armoury.

Nazim, currently standing trial for smuggling illegal weapons, claimed an MNDF Special Protection Group (SPG) officer lost a 9mm Browning pistol at Shangri-La resort in 2014.

The police had discovered a pistol of the same make and three bullets in a bedside drawer in the then-defence minister’s apartment during a midnight raid on January 18.

Nazim has since claimed rogue police officers planted the weapons at his home on Tourism Minister Ahmed Adeeb’s orders.

He has requested the Criminal Court to summon MNDF Corporal Ahmed Amir to prove a pistol was lost, and Head of Military Police Abdulla Zuhuree to prove an investigation was carried out over the incident.

However, in a statement today, the MNDF said the former defence minister’s claims were false: “We would like to assure the people of Maldives that the MNDF’s weapons inventory is up to date and no weapon is missing.”

If found guilty of smuggling weapons, Nazim faces a jail term of ten years.

Tourism Minister Ahmed Adeeb meanwhile said he was “shocked” by the defence team’s “lies.”

Adeeb said he regretted that the trial was becoming “politicised” and suggested that the ex-colonel’s lawyer, Maumoon Hameed, and not Nazim himself was responsible for the allegations.

Hameed did not have any experience in criminal defence, Adeeb said, suggesting that he might bear a grudge for not being appointed Prosecutor General last year.

In July 2014, parliament approved Muhthaz Muhsin as PG after PPM MPs decided to endorse the former Criminal Court judge despite the party’s leader, former President Maumoon Abdul Gayoom, urging ruling party MPs to vote for his nephew Maumoon Hameed.

The police have also dismissed allegations of framing Nazim.

Speaking in court on March 7, Hameed said the basis of the defence was that the evidence against Nazim was “fabricated” in order to “frame” him, alleging that Adeeb – also deputy leader of the ruling Progressive Party of Maldives (PPM) – had planned and orchestrated the setup.

Adeeb had threatened to “destroy” Nazim in a conference call with both the defence minister and home minister, Hameed said.

The threat came after Nazim lodged a complaint with President Abdulla Yameen alleging Adeeb had ordered police’s SWAT team to chop down all of Malé City’s Areca palms in October.

Home Minister Naseer has declined to comment on the threat.

Hameed told the press last week that a police forensic report shared with defence lawyers stated that fingerprints lifted from the weapon did not match either Nazim or any of his family members.

State prosecutors have also submitted documents on a pen drive allegedly confiscated along with the weapons to prove Nazim had the “motive and character” to use the weapons.

The plans indicated the former defence minister was planning to attack President Abdulla Yameen, Adeeb and Police Commissioner Hussein Waheed, prosecutors said.

Defence lawyers yesterday named President Yameen, Commissioner Waheed, Chief of Defence Forces Major General Ahmed Shiyam, Home Minister Naseer and several senior ranking police and military officers as witnesses to prove charges were fabricated in a conspiracy engineered by Adeeb.

The Criminal Court adjourned the hearing stating the court would decide whether to summon defence witnesses only if they appear to negate the prosecution’s evidence.

Related to this story

Ex-defence minister “plotted to attack” president, police chief, tourism minister

Adeeb framed Nazim after fallout over Malé City’s Areca palms, lawyers claim

Nazim accused of conspiring with Villa group to harm state officials

Nazim remains in custody as High Court rejects appeal

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Police deny framing Nazim as former Commissioner alleges politicisation

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Nasheed trial “not free or fair,” says Maldivian Democracy Network

Former President Mohamed Nasheed’s ongoing trial on terrorism charges is “not free or fair,” contends NGO Maldivian Democracy Network (MDN), highlighting several irregularities in the hearings at the Criminal Court.

“It is with great desperation that the Maldivian Democracy Network calls upon the higher courts of the Maldives, the Judicial Service Commission, the Human Rights Commission of Maldives, the parliament and the president of the Maldives to acknowledge and restore justice with regard to the trial of former President Mohamed Nasheed,” MDN said in a statement on March 10.

“Furthermore we also call upon the international community, United Nations Special Rapporteur for Judges and Lawyers Gabriela Knaul and United Nations Special Rapporteur for Freedom of Assembly to hold the Maldivian government to account for its continued breach of the constitution, laws and regulations.”

Nasheed is accused of ordering the military to detain Criminal Court Chief Judge Abdulla Mohamed in January 2012. Following international concern and opposition demands to release “political prisoners,” President Abdulla Yameen has said he could not interfere in criminal proceedings as the judiciary was an independent branch of the state under the new constitution.

Irregularities

Listing 11 issues of concern with the trial, the democracy and human rights NGO noted that presiding judges denied Nasheed legal counsel despite repeated requests during the hearing on March 9.

All four of Nasheed’s lawyers had quit in protest of the Criminal Court’s refusal to grant sufficient time to examine the prosecution’s evidence and prepare a defence against new terror charges pressed on February 22.

On February 15, Prosecutor General Muhthaz Muhsin withdrew charges raised against the opposition leader under article 81 of the penal code for illegally detaining a government employee who has not been convicted of a crime. The offence carries a jail term of up to three years.

However, the new charges of “enforced disappearance” filed under anti-terrorism laws carry a jail term or banishment of between 10 to 15 years.

MDN noted that Nasheed’s legal team was given three days for the initial preparation and one day for witness evaluation.

“All attempts by Nasheed’s legal counsel to appeal to the Criminal Court (one appeal) and the High Court (four appeals) have been rejected,” MDN stated.

“Nasheed’s legal counsel was not provided timely meetings with Nasheed in preparation for previous hearings.”

MDN also observed that Judges Abdulla Didi, Abdul Bari Yousuf and Shujau Usman have “engaged in several acts where their integrity has been compromised, such as elaborating and answering for the prosecution and state witnesses during cross examination and open demonstration of animosity towards Nasheed and his legal counsel during hearings.”

State prosecutors have also admitted in court to engaging with witnesses, which MDN argued could be “perceived as witness coaching.”

When Nasheed’s lawyers objected, MDN noted that the presiding judge asked whether it was a problem.

Moreover, the judges blocked and ignored Nasheed lawyers’ attempts to “negate state witnesses” under High Court precedents, MDN said.

The judges also refused to admit or hear defence witnesses, claiming they could not negate the prosecution’s evidence or witness testimony.

Referring to video footage submitted as evidence by the prosecution, MDN noted that two judges presiding over the case were at the scene when Judge Abdulla was taken into military custody.

However, the judges have denied Nasheed’s lawyers’ requests to either recuse themselves from the case or be named defence witnesses.

“The Criminal Court has refused to acknowledge international and local trial observers,” the MDN statement continued.

“The Criminal Court allows six members of the public and 10 media persons to enter the viewing gallery while the same courtroom previously allowed 40 seats for viewing.”

MDN also referred to an incident on Sunday night where Raajje TV journalists were forced to delete footage of PG Muhsin allegedly meeting Judge Bari in a café. The Criminal Court subsequently barred all journalists from the station from observing trials.

MDN stressed that the Maldives was a signatory to the International Covenant of Civil and Political Rights, which obliges the state to afford all citizens a fair trial.

“We call upon the state to make all necessary lawful interventions into these unconstitutional acts and restore law and order in the country,” MDN said.

Related to this story

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

Nasheed’s lawyers quit

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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Man armed with knife, hammer breaks into home minister’s apartment building

A man armed with a knife and a hammer broke into the apartment adjacent to Home Minister Umar Naseer’s apartment last night.

Naseer, in a tweet at 7:02am today, stated the man had entered into the apartment next door by breaking a window and fled when a woman living in the apartment screamed, leaving behind a knife and a hammer.

The Maldives Police Services have confirmed a break-in had been reported to the police at around 7:30pm on Wednesday night. Police are treating the break in as a case of attempted robbery. The police have also confiscated the knife and hammer found at the scene for further investigation.

The break-in comes amidst shocking allegations of rifts within President Abdulla Yameen’s cabinet. Recently dismissed Defence Minister Mohamed Nazim last week accused Tourism Minister Ahmed Adeeb of using rogue police officers to plant a pistol and three bullets in his apartment.

Nazim is currently in police custody standing trial for smuggling illegal weapons.

Adeeb had ordered Specialist Operations (SO) police officers to chop down all of Malé City’s Areca palms in October, he alleged. Nazim subsequently lodged a complaint with President Yameen, angering Adeeb, the former defence minister’s lawyers said in court on March 7.

Lawyers told the Criminal Court Adeeb threatened to “destroy” Nazim during a conference call with Naseer. The home minister had informed President Yameen of the threat at the time, he claimed.

Naseer declined to comment on the matter to local media.

Adeeb has hit back at the defence’s claims saying he was “shocked” by the “lies.”

Meanwhile,  MP Ahmed Mahloof requested the People’s Majlis national security committee to investigate President Abdulla Yameen’s July 2014 decision to reduce the home minister’s powers.

Mahloof – recently expelled from ruling Progressive Party of Maldives (PPM) – claimed President Yameen barred the home minister from initiating police investigations after he ordered the police to look into senior government officials using police platoons to commit criminal activities.

Article 16 of the Police Act allows the home minister to command individual police officers of any rank, and gives him powers equal to that of top police officials. However, the same article also states the president may limit these powers.

Newspaper Haveeru claimed that the presidential decision came after Naseer ordered police to investigate criminal accusations against Tourism Minister Ahmed Adeeb.

Speaking on pro-government DhiTV on Tuesday, Naseer said if he could influence an ongoing trial, he would “meddle” in the illegal weapons smuggling charge against Nazim.

But “trials must run their course,” he said, noting President Yameen’s policy was not to interfere in the judiciary.

“I’d like to tell Nazim’s supporters and his family, there are three stages in any trial. It doesn’t end with the Criminal Court,” he said.

He described Nazim as a very close friend and “a national hero” who had made invaluable services to the nation during a time of “immense difficulty.”

“I pray for justice for Nazim,” he said.

Nazim’s lawyer Maumoon Hameed yesterday asked the Criminal Court to summon Naseer as a witness in the illegal weapons trial to prove Adeeb had threatened the former defence minister.

State prosecutors at yesterday’s hearing claimed documents in a pen drive confiscated along with the weapons indicated Nazim was planning to attack President Yameen, Adeeb and Commissioner of Police Hussein Waheed.

Related to this story

Ex-defence minister “plotted to attack” president, police chief, tourism minister

Adeeb framed Nazim after fallout over Malé City’s Areca palms, lawyers claim

President has reduced home minister’s powers, claims Haveeru

Police deny framing Nazim as former Commissioner alleges politicisation

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