Day: March 14, 2015

Democracy Network alerts Special Rapporteur on Independence of Judges on Nasheed’s sham trial

Human Rights group Maldivian Democracy Network (MDN) has urged the UN Special Rapporteur on the Independence of Judges and Lawyers to investigate the jailing of former President Mohamed Nasheed on terrorism charges.

The “independence of the judiciary has been lost,” MDN said in a letter to Gabriela Knaul, stating President Abdulla Yameen was using the judiciary as a tool to “oppress the opposition.”

“We fear that without timely intervention, the country will complete its slide back to autocracy. We strongly urge you to investigate the matter further and issue a public statement denouncing this flagrant abuse of rights being perpetuated through the Maldives’ judiciary,” the letter read.

MDN called upon the international community to take serious measures to prevent further human rights violations at the “helm of a corrupt judiciary.”

The former president was convicted of terrorism and sentenced to 13 years in prison last night (March 13) over the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

Nasheed’s administration detained Judge Abdulla after deeming him a national security threat. Then- Home Minister Hassan Afeef accused the judge of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

Delivering the guilty verdict last night, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed ordered the chief judge’s arrest or “forceful abduction.”

The NGO described the trial as a “political tool designed to disqualify him from contesting future elections and silence his voice of political opposition,” noting that the trial took place at an “uncharacteristically extreme speed.”

“The systematic procedural irregularities in the current proceedings demonstrate that the current charges against Nasheed are a continuation of the same campaign to disqualify him from political office and effectively silence his political dissent in the Maldives, using a corrupt and biased judicial system to realise this goal,” said MDN.

All four of Nasheed’s lawyers quit on March 9 in protest of the Criminal Court’s refusal to grant sufficient time to examine the prosecution’s evidence and mount a defence.

The presiding judges had denied the lawyers’ request for adequate time, stating the legal team has had the case documents for three years.

Meanwhile, the Human Rights Commission of the Maldives (HRCM) said today Nasheed “was denied fundamental rights which guarantee a fair trial by the constitution, and some rights granted by the International Covenant on Civil and Political Rights.”

HRCM noted that the Criminal Court denied requests made by the commission to observe trials.

Advocacy group Transparency Maldives (TM) also expressed “grave concern” on the guilty verdict, stressing Nasheed was denied legal representation, right to appeal and adequate time to build a defence against new terror charges.

TM also noted that the “serious issues of conflict of interest were prevalent in the case” with two of the three judges presiding over the case having provided statements during the investigation.

“These procedural irregularities raise serious questions about the fairness, transparency and independence of the judicial process followed and the provision of the accused’s inalienable right to a fair trial,” read a TM statement today.

TM called upon state actors to “uphold democratic principles and international conventions”, while urging the public and law enforcement agencies to “exercise restraint and calm in order to mitigate further deterioration of the security situation in the Maldives.”

Knaul had previously expressed concern over lack of due process in a 2012 trial in which Nasheed had been charged with “arbitrarily detaining” Judge Abdulla at the Hulhumalé Magistrate Court.

Knaul questioned the constitutionality of the magistrate court and the appointment of the three-judge panel, “which seems to have been set up in arbitrary manner, without following procedures set by law.”

“It is indeed difficult to understand why one former President is being tired for an act he took outside his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” wrote Knaul, in her report to the UN Human Rights council following her mission in Maldives in February 2013.

Prosecutor General Muhthaz Muhsin in February withdrew the lesser charges and re-prosecuted Nasheed on harsher terror charges.

The United States, United Kingdom and the European Union have expressed concern with the lack of due process, while Amnesty International said Nasheed’s sentencing “after a deeply flawed and politically motivated trial is a travesty of justice.”

Related to this story

Former President Nasheed found guilty of terrorism, sentenced to 13 years in prison

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

US, EU, and UK concerned over lack of due process in Nasheed trial

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

Former President Nasheed appears in court with arm in makeshift sling

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President Yameen launches independence golden jubilee celebrations with music show

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President Abdulla Yameen launched independence golden jubilee celebrations on Thursday night (March 12) with the ‘Sarindha’ music show.

According to the President’s Office, President Yameen inaugurated the show “by releasing 50 helium balloons tied to the Maldivian national flag and the Independent 50 banner.”

The show was organised by the home ministry and took place at the Henveiru stadium in Malé with free entrance.

The home ministry is planning numerous activities to celebrate the 50th anniversary of independence on July 26.

 

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Nasheed wishes mercy for his jailers: “In this time of profound injustice, I harbour no hatred.”

Former President Mohamed Nasheed, sentenced to 13 years in jail in a trial many observers have called a travesty of justice, has issued a statement wishing mercy on his jailers.

“In this time of profound injustice, I harbour no hatred. And to those who seek to destroy me, I say: I wish upon you good grace and blessings,” the opposition leader said last night.

Nasheed was convicted of ordering the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

The United States, United Kingdom and the European Union have expressed concern with the lack of due process, while Amnesty International said Nasheed’s sentencing “after a deeply flawed and politically motivated trial is a travesty of justice.”

The Criminal Court denied Nasheed bail on February 23 at a first hearing without legal representation. The three-judge panel at subsequent hearings dismissed Nasheed’s repeated requests for additional time to prepare a defence and refused to call the defence’s witnesses claiming they do not appear to negate the prosecution’s evidence.

The three-judge panel also included two judges who had acted as witnesses in an earlier investigation into Judge Abdulla’s arrest.

In his statement, Nasheed called for mass protests against President Abdulla Yameen’s regime and appealed to supporters to remain courageous and strong.

“The Maldivian judiciary is full of corruption and disgrace. Judges are routinely accepting the vile money of bribery. These judges have no fear of the day of judgment, and no shame in this world. The consequence of their actions is injustice to the public and the thwarting of this country’s development,” the former president said.

Nasheed was the Maldives’ first democratically elected president.

“Why am I calling for such a sacrifice? Know this for sure: it is not for my own well being . I am not staying in jail, a captive, because I have no way out. I could easily secure my freedom and happiness by agreeing to stop the work I am doing, and falling at President Yameen’s feet. I could choose to live in riches, in comfort, and in joy. But if I choose that path, Maldivians will reach a tragic end. Maldivians will be deprived of what they rightfully deserve: freedom, dignity and democracy. They will never be allowed to stand tall. Forever, they will be forced to cower before this dictatorial regime.

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.”

Delivering the guilty verdict, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed as commander-in-chief ordered the arrest or “forceful abduction” of Judge Abdulla.

When provided with the opportunity to present concluding statements at an initial hearing at 9:15pm, Nasheed once again asked for legal counsel and additional time.

“My incarceration in Dhoonidhoo Jail prevents me from communicating with my lawyers. They are unable to provide me with the legal counsel I require. They were not provided with the prosecution’s evidence for review, adequate means for communication, or internet services. There were no arrangements for us to sit together to prepare legal documents,” he told the court.

“My lawyers quit, because they were unable to afford me the legal counsel necessary for a free and fair trial. They quit stating that the three of you judges are unjust in how you conduct this trial. In this situation, I am unable to prepare concluding statements. I can only prepare such a statement only when I am freed from this situation, if I am transferred to Malé and given sufficient time for preparation.”

However, reading out the guilty verdict at 11:15pm, presiding Judge Abdulla Didi insisted Nasheed had been afforded adequate to prepare defence, arguing case documents had been provided three years ago when the former president was initially charged.

Nasheed was first charged in 2012 with arbitrary detention under article 81 of the penal code, which carries either banishment or a jail term of up to three years.

On February 15, Prosecutor General Muhthaz Muhsin withdrew the charges filed at the Hulhumalé Magistrate Court. Nasheed was arrested on February 22 shortly after the PG filed terrorism charges at the Criminal Court.

Judge Didi also said Nasheed had refused to make use of a phone call to appoint new lawyers when all four of his lawyers quit.

President’s Office Spokesperson Ibrahim Muaz Ali today said the government will ensure former President Mohamed Nasheed’s right to appeal his conviction on terrorism charges if he believes the Criminal Court did not follow due process.

Related to this story

Government will ensure Nasheed’s right to appeal conviction, says spokesperson

Former President Nasheed found guilty of terrorism, sentenced to 13 years in prison

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

Foreigners cannot meddle in domestic affairs, declares President Yameen

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

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Government will ensure Nasheed’s right to appeal conviction, says spokesperson

The government will ensure former President Mohamed Nasheed’s right to appeal his conviction on terrorism charges if he believes the Criminal Court did not follow due process, President’s Office Spokesperson Ibrahim Muaz Ali has said.

The opposition leader was sentenced to 13 years in jail last night for ordering the arrest of Criminal Court Chief Judge Abdulla Mohamed in 2012.

“I believe the Criminal Court would have afforded due process in the conduct of Nasheed’s trial. If you study this case, from the beginning to the end, it is clear the charges are not politically motivated,” Muaz said.

“Nasheed can still appeal at High Court.”

The government has no power over the courts, he added.

“We have a system of separation of powers. In a democracy, the head of state does not interfere in judicial proceedings and is not to blame for court proceedings,” Muaz said.

“Political leaders in other countries, such as Bangladesh, India and Sri Lanka, have been summoned and tried in court as well.”

Delivering the guilty verdict last night, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed as commander-in-chief ordered the arrest or “forceful abduction” of Judge Abdulla.

Reacting to Nasheed’s conviction, the opposition Maldivian Democratic Party (MDP) MP “Ibu” Mohamed Solih said today the party would not be disheartened by President Abdulla Yameen’s alleged attempts to imprison his opponents.

“President Yameen is trying to jail his opponents before the next election. But even though Nasheed is convicted he still is the leader of MDP and he will contest in the 2018 presidential elections,” Ibu said on opposition-aligned Raajje TV.

However, Muaz denied that the president wished to prevent political rivals from contesting the 2018 election.

“President Yameen does not want to jail opposition politicians or plunge the country into civil unrest. He has an economic agenda. We respect the court’s verdict.”

Addressing the party’s supporters alongside the parliamentary group leader on Raajje TV, MDP Chairperson Ali Waheed meanwhile said the party would do everything in its power to free Nasheed.

“Our main work from now on will be to free President Nasheed. He will come back. So meanwhile stay united, don’t lose hope and pray for him,” Waheed said.

Following Nasheed’s arrest on February 22, MDP supporters have protested every night calling for his release.

Muaz said the government would allow the public to peacefully express their views, but stressed that protests should take place within bounds of the law.

“But we will not allow unrest in the country. Our aim is to establish peace and order in the country. We welcome freedom of expression and assembly, but they must be practiced within the bounds of the constitution. Our appeal to the public is not to disrupt public order,” he said.

“Injustice”

Nasheed was charged with “enforced disappearance” under the Prevention of Terrorism Act of 1990, which carries a jail term of between 10 to 15 years.

Prior to a hearing on March 9, all four of Nasheed’s lawyers quit in protest of the Criminal Court’s refusal to grant sufficient time to examine the prosecution’s evidence and mount a defence.

The presiding judges had denied the lawyers’ request for adequate time, stating the legal team has had the case documents for three years.

Nasheed was first charged in 2012 with arbitrary detention under article 81 of the penal code, which carries either banishment or a jail term of up to three years.

On February 15, Prosecutor General Muhthaz Muhsin withdrew the charges filed at the Hulhumalé Magistrate Court. Nasheed was arrested on February 22 shortly after the PG filed terrorism charges at the Criminal Court.

Meanwhile prominent figures from both the international community and within the country have condemned the Criminal Courts verdict.

Husnu Suood, former judge and Attorney General – who was also a senior member of the team which drafted the anti-terrorism law in 1990 – tweeted: “Mohamed Nasheed is not a terrorist. Whatever act he did was certainly not terrorism. The charge not suitable, the trial was flawed.”

Deputy Attorney General Ahmed Usham also questioned Criminal Courts decision to jail Nasheed.

“Infringing the rights of one person in the name of giving justice to another person is in itself an injustice,” Usham wrote on his Facebook page.

MP Ahmed Mahloof, who was expelled from the Progressive Party of Maldives (PPM) recently after he criticized President Yameen, tweeted: “21 days for Judge Abdulla, 4745 days for President Nasheed. Is this what they call justice? Why not jail all opposition leaders and rule the country.”

Adhaalath Party President Sheikh Imran Abdulla – who played a pivotal role in the 2012 protests against Nasheed’s administration – tweeted: “Nasheed’s trial was not conducted justly.”

 

Related to this story

Former President Nasheed found guilty of terrorism, sentenced to 13 years in prison

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

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Revenue collection in February 17 percent below forecast, reveals MIRA

MIRA

The Maldives Inland Revenue Authority (MIRA) collected MVR905.7 million in February, 84.7 percent more than previous month but 17.6 percent below income forecasts.

MIRA explained in a press statement last week that income from Tourism Goods and Service Tax (T-GST) increased by 32.7 % following a T-GST hike from eight to 12 percent in November whist GST revenue also increased by 18.9 percent.

Revenue from Business Profit Tax (BPT) meanwhile rose 232 percent from January as the deadline for the second interim payment was moved to February 1 as January 31 fell on a weekend.

“The collection for February 2015 is 17.6 percent less than the forecasted amount for this month,” MIRA noted.

“The reasons for this includes the decrease in tourism related revenues by 17 percent as tourist arrivals did not meet expectations, and the collection of GST in March as the deadline was moved to 1 March because 28 February fell on a weekend.”

A total of MVR190.17 million was also collected as lease period extension fees from resorts whilst tourism lease rent amounted to MVR34.42 million.

The total revenue collected in the first two months of January amounted to MVR2.45 billion, 36.2 percent higher than the same period last year.

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Maldives Islamic Bank introduces internet banking

The Maldives Islamic Bank (MIB) has introduced internet banking services to its customers on Thursday (March 12).

Maldives Monetary Authority (MMA) Governor Dr Azeema Adam inaugurated the ‘FaisaNet’ service at a ceremony at the Nasandhuraa Palace Hotel.

“The launching of our internet banking service would undoubtedly enhance the depth and quality of our services to our customers. From a broader perspective, it is our hope that it would also contribute to the development and modernization of the banking industry in Maldives generally,” said MIB Managing Director Harith Harun.

MIB explained in a press release that customers could register online for the services, which “enables them to check account balances, view and print statements, do account transfers, check clear cheque status, request for cheque book, check financing list and schedule transfers.”

“All of these services are available to customers with free registration and zero annual fee for Consumer Basic internet banking account type,” MIB said.

“In the near future, customers will also be able to make bill payments, Fithr Zakat payments, salary payments, and for business customers to request for Letter of Credit and Letter of Guarantee.”

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Zakat Fund sponsors bone marrow transplants for thalassemia patients

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The Ministry of Islamic Affairs’ Zakat Fund has sponsored bone marrow transplants for 34 children with thalassemia, reports state broadcaster Television Maldives (TVM).

The first ten children sponsored under the Zakat Fund departed for Sri Lanka and India with their donors on Thursday (March 12).

The bone marrow operation costs about MVR700,000 per patient, according to the National Social Protection Agency (NSPA).

NSPA CEO Mujthaba Jaleel said the first ten children were chosen based on a list provided by the Maldives Blood Service, adding that accommodation and food expenses would also be covered by the Zakat Fund.

He noted that the children would have to stay in sterilised facilities at the hospital for at least 30 days.

Eight children were sent to the Manipal Hospital in India and two children to the Asiri Central Hospital in Sri Lanka, Jaleel said.

NSPA hoped the second patch of thalassemia patients would be able to depart next month, he added.

First Lady Fathmath Ibrahim meanwhile met the ten children and their families at the Ibrahim Nasir International Airport prior to their departure.

NSPA presented the first lady a plaque of appreciation for her contribution and support, whilst Madam Fathmath presented commemorative plaques to the children.

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Tourism unaffected by political turmoil, insists tourism minister

The local tourism industry has not been affected so far by the current political turmoil, Tourism Minister Ahmed Adeeb has said.

Speaking at a press conference on Wednesday (March 11), Adeeb said the current situation was not a crisis compared to a difficult period in early 2012 in the wake of former President Mohamed Nasheed’s resignation.

“What we went through then was a crisis with the pressure, problems, booking cancellations, and especially I believe the travel alerts issued then were alarming,” Adeeb said.

The government was not facing similar challenges at present, Adeeb said, adding that there have been no significant booking cancellations.

Arrivals data from February – during which the opposition Maldivian Democratic Party-Jumhooree Party alliance launched nightly protests and former Defence Minister Mohamed Nazim and former President Nasheed were arrested – have yet to be released by the tourism ministry.

Statistics from January meanwhile showed a 7.8 percent decline in arrivals on the back of a continuing decline in arrivals from China.

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STO raises fuel price by MVR1

The State Trading Organisation (STO) has raised the price of fuel by MVR1 effective March 11.

STO said the price hike reflects rising oil prices in the global market.

The price of both diesel and petrol is now MVR11 per litre.

On January 19, STO reduced the price of diesel and petrol from MVR12.37 and MVR12.33, respectively, to MVR10 in light of a decline in global oil prices.

According to the Maldives Monetary Authority’s economic review for January, “the price of crude oil fell by 22 percent in monthly terms and by 54 percent in annual terms and stood at US$47.5 per barrel at the end of January 2015. This is the lowest recorded since March 2009.”

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