Day: March 18, 2015

Parliament approves new Elections Commission member, ambassador to Pakistan

Parliament today approved President Abdulla Yameen’s nominees for a vacant seat on the Elections Commission (EC) and the new ambassador to Pakistan.

Former Human Rights Commission of Maldives President Ahmed Saleem was approved as the ambassador to Pakistan whilst Ahmed Akram was appointed to the EC.

Saleem had also served at the foreign ministry, the Maldives High Commission in Sri Lanka, and the Maldives’ permanent mission to the UN in New York.

Both nominees were approved unanimously with 53 votes in favour. Opposition MPs did not participate in the vote.

Akram was previously the deputy secretary-general of the Maldivian Democratic Party (MDP) and is reportedly related to the wife of the party’s former chairperson, MP ‘Reeko’ Moosa Manik, who was expelled from the party last year. Akram also quit the party last year.

President Yameen nominated Akram to the EC after the five-year term of a previous member expired in November.

Today’s sitting also proceeded amidst continuing protests on the People’s Majlis floor by opposition MDP MPs over the conviction of former President Mohamed Nasheed.

Preliminary debate on an amendment submitted to the constitution by government-aligned Maldives Development Alliance MP Ahmed Amir as well as voting on the president’s nominees took place amidst the opposition MPs’ protest.

Opposition MPs used whistles and megaphones to call for the release of the opposition leader.

Amir’s amendment meanwhile – which would require a three-quarters majority of the 85-member house to be passed – proposed removing clauses b) and c) from Article 231 of the Constitution.

The clauses stipulate that local councils shall be elected for a three-year term and that chairs and deputy chairs shall be elected through secret ballot by councillors.

The MP for Dhaal Kudahuvadhoo proposed specifying both the terms and process of electing chairs and deputy chairs in the Decentralisation Act.

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President Yameen in Saudi Arabia on state visit

President Abdulla Yameen and First Lady Fathimath Ibrahim today departed Malé on a  state visit to Saudi Arabia on the invitation of King Salman bin Abdul Aziz Al-Saud.

The Saudi King received President Yameen and the First Lady on arrival at the King Khalid International Airport in Riyadh.

A state luncheon is to be hosted in honor of President Yameen, the President’s Office has said.

The President is to meet with Saudi Arabia’s Defense Minister, Petroleum and Mineral Resources Minister, Education Minister, Finance Minister, and Islamic Minister during his visit.

Maldives Development Alliance’s Leader MP Ahmed Siyam Siyam Mohamed, Minister of Fisheries and Agriculture Dr. Mohamed Shainee, and Minister of Islamic Affairs Dr. Mohamed Shaheem Ali Saeed accompanied the Maldives president.

King Salman assumed the Saudi throne after the King Abdulla Bin Abdulaziz al Saud died on January 23.

During a 2014 visit, then-Crown Prince Salman announced a US$1.2million grant for the construction of ten mosques. He also donated US$1million for the “Vaguf” fund and US$1.5 million for the health sector.

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UN human rights chief expresses strong concern over “hasty and apparently unfair” Nasheed trial

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein has expressed “strong concerns about the hasty and apparently unfair trial” of former President Mohamed Nasheed and called on the Maldives to enable international jurists to observe an appeal.

In a statement today, Zeid said Nasheed was sentenced to 13 years in jail on terrorism charges following “a rushed process that appears to contravene the Maldives’ own laws and practices and international fair trial standards in a number of respects.”

The Criminal Court on March 13 found Nasheed guilty of using the military to “forcefully abduct” the court’s Chief Judge Abdulla Mohamed in January 2012.

The surprise trial began one day after Nasheed was arrested on February 22, and was completed after 11 hearings in 19 days.

“It is hard to see how such hasty proceedings, which are far from the norm in the Maldives, can be compatible with the authorities’ obligations under international law to conduct a fair trial,” the UN Human Rights chief said.

“Clearly no one should be above the law, and the trial of a former Head of State would be a major challenge for any government. But in a polarised context, and given the long-standing serious concerns about the independence and politicisation of the judiciary in the Maldives, this case should have been handled with much greater care and transparency.”

The UN Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul in May 2013 described the Maldives judiciary as “a system in crisis,” and expressed shock at reports of political bias and concern over judges’ low qualifications.

Zeid today noted the Maldivian Constitution affords anyone accused of a crime the right to adequate time and facilities to mount a defence.

But Nasheed was without legal counsel at a February 23 remand hearing in which the Criminal Court ordered the former president be kept in detention until the trial ended.

Moreover, when Nasheed’s lawyers quit in protest of the Criminal Court’s refusal to provide additional time, the three-judge panel did not wait until he had new counsel before proceeding with the trial, Zeid noted.

“The government argues the new case against Nasheed was based in the same materials previously available to his legal team, but he should have been given time to instruct his counsel and prepare a new defence,” he said.

The Criminal Court’s decision not to call defence witnesses was also “contrary to international fair trial standards,” he said.

The High Commissioner for Human Rights also raised serious questions about conflict of interest over the judges and Prosecutor General having been witnesses during the 2012 investigation into Judge Abdulla’s arrest.

PG Muhthaz Muhsin and Judges Abdul Bari Yoosuf and Abdulla Didi were present at the Chief Judge’s home at the time of his arrest, but the two judges refused to step down from the bench claiming there was no conflict of interest.

Zeid also noted the Human Rights Commission of the Maldives, and domestic as well as international observers were barred from monitoring the trial proceedings.

He urged Nasheed be given adequate time to prepare and present his defence during the appeal process.

“The Nasheed case places the Maldives judicial processes in a sharp spotlight. The flagrant irregularities in this case can still be rectified in the appeal process, and I urge the authorities to restore domestic and international confidence in the legal system by enabling international jurists to observe the appeal process,” he said.

The Supreme Court introduced new appeal procedures in January reducing the time allowed to lodge an appeal from 90 working days to just ten.

On Monday, Nasheed’s lawyers accused the Criminal Court of deliberately refusing to release court proceedings “in order to frustrate attempts at launching an appeal.”

Although lawyers must file an appeal with ten days, the Criminal Court said it will take up to 14 days to provide a signed copy of court proceedings.

Related to this story:

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

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

Respect Criminal Court verdict, says President Yameen

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

Judge Abdulla suspected of involvement in “contract killing,” says Nasheed

A justice system in crisis: UN Special Rapporteur’s report

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Government to compensate police officers for damages on February 8 unrest

The government will compensate police officers for damages incurred during nationwide unrest on February 8, 2012, Commissioner of Police Hussain Waheed has announced.

According to police media, Waheed gave information concerning the planned compensation to senior officers at a meeting of the police management board today.

Waheed said individual police officers stationed across the country have yet to be compensated for physical harm and damage to personal property during the February 8 civil unrest.

“However, the commissioner of police said the government has now decided to arrange compensation very soon for police officers who suffered damages that day,” police said.

On February 8, thousands of Maldivian Democratic Party (MDP) supporters led by former President Mohamed Nasheed took to the streets of the capital in protest against a “coup d’etat” they alleged was perpetrated by mutinous elements of the police and military the previous day.

A brutal crackdown on the protest march in Malé sparked riots across the country, which saw police vehicles, courts and police stations torched in Thinadhoo and Addu City. Police officers were forced off several other islands.

Following an investigation, the Human Rights Commission of Maldives (HRCM) concluded that the heavy-handed police crackdown on the MDP walk was “brutal” and “without warning” while the “disproportionate” use of force left dozens of demonstrators injured and hospitalised.

 

cars on fireMore than 160 people from the southern atolls are currently facing terrorism charges for the acts of arson.

In addition to police motorbikes, police said today that phones, laptops, valuables, and other personal belongings such as clothes were also set on fire and completely destroyed during the unrest.

Several police officers were left with only the clothes they were wearing, police said.

Last month, the government decided to reinstate a discontinued service and merit allowance for both police and military personnel.

The allowances were discontinued in 2009 during former President Nasheed’s administration.

Security services personnel who have served between ten and 20 years were eligible for the service allowance, while policemen and army officers who have attained higher education were to be eligible for a professional allowance.

A similar allowance was to be given to officials who have undergone training related to their fields.

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Judge Abdulla suspected of involvement in “contract killing,” says Nasheed

Police suspected Criminal Court Chief Judge Abdulla Mohamed’s involvement in a “contract killing” after he released a murder suspect, alleges the closing statement prepared by former President Mohamed Nasheed for his trial on terrorism charges.

The office of the former president released the statement (Dhivehi) yesterday, noting that Nasheed was unable to complete it ahead of the final hearing on Friday (March 13), where he was found guilty of ordering the arrest of Judge Abdulla in January 2012 and sentenced to 13 years in prison.

Nasheed stated that he had been “continuously receiving complaints” regarding the chief judge from both his home minister and the commissioner of police.

“The latest incident I was informed of was a very tragic incident. It was reported that after Judge Abdulla released a murder suspect from detention, claiming the hospital had not submitted a document related to the case, the man went on to commit another murder,” Nasheed stated.

“Both the police and home minister characterised the incident as a direct contract killing.”

Nasheed alleged that the role assigned for Judge Abdulla under the contract was releasing the murder suspect.

“While other murder suspects are kept in detention until the conclusion of trial, the police institution believed the suspect in this case was released for that purpose and informed me thus,” the statement added.

“Contract killing”

The alleged “contract killing” Nasheed referred to involved Ibrahim Shahum Adam, who was released by Judge Abdulla on February 17, 2011 to “hold the health minister accountable” for the government-run Indira Gandhi Memorial Hospital’s failure to provide a medical report to the police.

Shahum was brought before the judge for extension of remand detention.

Following his release in February 2011, Shahum allegedly stabbed 21-year-old Ahusan Basheer to death on March 16. Police launched a manhunt the following day and took him into custody from an uninhabited island.

Shahum had been arrested in August 2010 for the murder of 17-year-old Mohamed Hussain in Malé. In March 2013, he was found guilty of the murder and sentenced to 25 years in prison.

In October last year, Shahum escaped from Maafushi jail along with another convict and was apprehended from a guesthouse in Malé six days later.

The Maldives National Defence Force (MNDF) advised MPs to stay in at night following the jailbreak.

The following month, the Criminal Court found Shahum not guilty of murdering Ahusan Basheer.

Delivering the verdict on November 20, Judge Abdulla Didi – who also presided over Nasheed’s terrorism trial – stated that Islamic Sharia requires the eyewitness testimony of two males to prove guilt in murder cases.

The state had presented one eyewitnesses to the assault and three witnesses who claimed to have heard the victim saying before he died that Shahum stabbed him.

“National security threat”

In July 2010, then-deputy police commissioner accused the chief judge of obstructing “high-profile corruption investigations” after Judge Abdulla suspended two police lawyers on “ethical grounds.”

After Judge Abdulla was taken into military custody on January 16, 2012, then-Home Minister Hassan Afeef said the chief judge was deemed a national security threat and listed 14 cases of obstruction of justice, including shielding officials of the former regime from human rights and corruption cases.

Afeef contended that the chief judge had taken “the entire criminal justice system in his fist” and alleged that the judge actively undermined cases against drug trafficking suspects and had allowed them opportunity to “fabricate false evidence after hearings had concluded”.

In his closing statement, Nasheed said he asked the police to investigate the chief judge in accordance with the law.

“After the police failed to summon Judge Abdulla for questioning, and after continuing the investigation as far as possible without questioning him, police found that Judge Abdulla constituted a threat to national security,” Nasheed explained.

“When informed of this, I ordered the home minister to take all measures necessary to safeguard the nation from this threat. I did not give directions at any time to any party, to complete a specific task in a specific manner or to take any specific measures.”

Nasheed insisted that he never ordered the police or military to arrest the judge and hold him under military custody, noting that none of the prosecution witnesses testified to any such verbal or written order.

On the day of his arrest, police summoned the chief judge for questioning. However, the High Court quashed the summons in an unprecedented move after Judge Abdulla challenged its legality.

Nasheed also referred to numerous complaints against the chief judge submitted to the Judicial Service Commission (JSC), which in November 2011 found him guilty of ethical misconduct after he made political statements in the media.

However, the Civil Court issued a stay order halting disciplinary action against the judge by the judicial watchdog or oversight body.

Related to this story

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

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

Chief Judge “took entire criminal justice system in his fist”: Afeef

Failure of judiciary, JSC and parliament justified detention of Abdulla Mohamed, contends Velezinee in new book

Civil Court dismisses ruling of own watchdog body against Chief Judge Abdulla Mohamed

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India, UK politicians continue to voice concern over Nasheed’s imprisonment

Politicians from the United Kingdom and India this week continued to voice concerns over former President Mohamed Nasheed’s 13 year jail term for terrorism offences.

“We have a number of serious concerns about increasing political tensions in the Maldives and the arrest of former President Nasheed,” Minister of State for the Foreign and Commonwealth Office Hugo Swire told parliament this week.

Meanwhile, Indian diplomats have called the trial a foregone conclusion, while the French government has added its voice to growing international concern over the trial.

On March 16, UK Conservative Party MP Geoffrey Clifton-Brown questioned Swire about discussions held with Maldives foreign minister Dunya Maumoon regarding Nasheed’s rushed trial.

In response, Swire said the trial was not conducted in “accordance with due legal procedure.”

“Despite calls from the international community for due process to be followed, we are concerned that the former President’s trial has not been conducted in a transparent and impartial manner nor in accordance with due legal process,” he added.

Last week, Lord Alton of Liverpool asked the UK government for its assessment of the Criminal Court’s decision to deny Nasheed rights of appeal in relation to his initial arrest, and asked what discussions had taken place with the Commonwealth over the rule of law in the Maldives.

Conservative peer Baroness Joyce Anelay referred to Swire’s statements expressing concern over irregularities in Nasheed’s trial, saying the UK continues to monitor the situation closely.

“It is important for international confidence in Maldives that Mr Nasheed, like all other citizens, is seen to be enjoying due legal process and respect for his fundamental rights,” she said.

International concern grows

Nasheed was charged with terrorism over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012. The Criminal Court’s refusal to allow Nasheed legal counsel, adequate time to prepare defence, or to hear defence witnesses has caused international concern.

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

The French Embassy for Sri Lanka and the Maldives has been the latest to join the increasing international chorus of concern.

“France wishes to reiterate the importance of the right to a fair trial, which is a founding principle of democracy. We call on the Maldivian government to stand by its international commitments in this field,” a statement issued on Wednesday read.

Meanwhile, several Indian Diplomats told India’s Economic Times that the outcome of the trial had been a foregone conclusion, with the verdict written long before Nasheed was arrested and charged with terrorism.

“Every hearing at the court has been a blow to the rule of law,” said an unnamed Indian official.

“It is apparent that Yameen’s government, despite being seen as strong and stable, has seeds of instability within itself due to Yameen’s narrow outlook which has led to sustained efforts on the part of his coterie to neutralize other potential power centres and prospective threats,” the official said.

Government defends trial

Foreign minister Dunya Maumoon, at a press conference in Colombo on Monday (March 16), called upon India and Sri Lanka to defend the Maldives from “unjust criticism” from the international community.

Dunya and Attorney General Mohamed Anil maintained the trial was fair and just, insisting that the government does not interfere with the judiciary.

Arresting Judge Abdulla was a “serious crime,” Dunya said.

“We feel, that some people are a lot stricter on us because we are a small nation,” said Dunya. “There are countries with bigger issues than the Maldives.”

Dunya has previously condemned international statements of concern, stating: “Those who prefer to issue public statements about an on-going legal case, or on a domestic political situation, are advised to do a basic fact-check, before bandwagoning on to accusations made by a political party.”

In a statement issued last week, Dunya said that President Abdulla Yameen’s administration “will not take instructions from a foreign government on any issue in governing the country.”

President Abdulla Yameen has meanwhile called on all parties to respect the Criminal Court’s verdict.

In a statement released by the President’s Office on Sunday (March 15), President Yameen noted that the opposition leader has “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

The Human Rights Commission of Maldives said the former president was denied fundamental rights that guarantee a fair trial in line with the Maldives’ obligations under the International Covenant on Civil and Political Rights (ICCPR).

Moreover, human rights NGO Maldivian Democracy Network urged the UN apecial rapporteur on the independence of judges to intervene in order to prevent a “slide back to autocracy,” whilst Transparency Maldives expressed “grave concern”, stressing that Nasheed was denied legal representation, the right to appeal, and sufficient time to mount a defence.

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

Foreigners cannot meddle in domestic affairs, declares President Yameen

Global change makers demand a fair trial for Nasheed

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MDP protesters attacked, doused with petrol and chili water

Opposition Maldivian Democratic Party (MDP) protesters were beaten and doused with petrol and water mixed with chili powder last night.

Minivan News journalists observed four young men on motor cycles charge into a crowd of protesters gathered in front of the MDP office on Sosun Magu at 9:45pm. They kicked protesters and slapped a middle-aged man in the face when he told them to leave.

The young men rode off within five minutes.

The opposition party has held daily protests since February 10, first against President Abdulla Yameen’s alleged breaches of the Constitution, and later against the arrest and sentencing of former President Mohamed Nasheed.

Nasheed was convicted of terrorism over the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed, and jailed for 13 years on March 13.

At 11:00pm, another group of eight men attacked protesters as they marched near the Malé City Council office and doused protesters with a mixture of petrol, crude oil and chilli powder.

Ahmed Anwar
Ahmed Anwar

A journalist with Island TV, Ahmed Anwar, said he too was attacked by gangsters and said the group had singled out women in the crowd

“The protesters were heading to the Usfasgandu area when the gangs suddenly charged into the crowd. They threw petrol, crude oil and some kind of pepper mixed with water on us. They singled out the women in the crowd. A woman standing next to me had both crude oil and chili powder on her,” he told Minivan News.

Anwar said the police watched on as gangsters attacked protesters. When the crowd apprehended one of the young men, the police escorted him out of the crowd and released him, Anwar alleged.

However, the police did detain a young man who attacked the protesters around 12:00am, he said.

 

Maldives Media Council member, Miusam Abbas, was also doused with petrol and crude oil.

“I was with the members of the press. We were trying to get to the back of the crowd when the gangsters threw crude oil and petrol on me,” he told Minivan News.

According to the Maldives Police Services, three men and two women were arrested from the protest last night. They included individuals who had attempted to disrupt the protest, the police said, but declined to give further details.

Last Sunday, a group of eight men wielding knives threatened protesters and vandalised a party lorry and its sound system ahead of the night’s protest. A group of six attacked protesters and journalists on February 27 and cut off Raajje TV’s live feed.

Vice President of the Human Rights Commission of the Maldives, Ahmed Tholal, in a tweet last night urged the “authorities to ensure safety of people exercising a constitutional right.”

In a statement today, the MDP condemned “the continuing attacks on MDP protesters” and accused government officials of perpetrating the attacks.

“These groups, with the backing of government officials, are attacking and intimidating protesters with machetes and other dangerous weapons. The people who attack us have full confidence they would be released,” the statement read.

The opposition party further alleged the police arrested peaceful protesters instead of taking action against those who disrupted protests.

The MDP called on the Human Rights Commission and the Police Integrity Commission to investigate the police’s inaction.

Meanwhile, a group attempted to break into former MDP MP Hamid Abdul Ghafoor’s home last night. They broke the lock and vandalised the door.

Hamid, also the MDP’s international spokesperson, is in Colombo at the moment.

The opposition-dominated Malé City Council has also expressed concern over “police negligence” in protecting protesters and failure to arrest gangsters who attack protesters.

“The police are acting as if they support the gangs’ actions,” the statement said.

Related to this story:

Artists protest exclusion of Nasheed paintings from Minivan50 exhibition

MDP to work with Adhaalath Party as Sheikh Imran calls for “national unity alliance” against government

Eight gangsters threaten MDP protesters with knives, vandalise lorry and speaker systems

10,000 protest in Malé, call for President Yameen’s resignation

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Defence Ministry sacks ten aviation security officers

Citing budgetary constraints, the Defence Ministry sacked ten aviation security officers on Sunday

According to an Aviation Security Command (ASC) announcement, three Superintendents, four Corporals and three Staff Sergeants were made redundant.

However, the ASC had been hiring new officers as late as December. An announcement posted on the government gazette on November 20 called for applications for 13 aviation security officers. Interviews took place between December 17 – 21.

Following ex Defence Minister Mohamed Nazim’s January 20 dismissal, changes were brought to senior positions within the military.

Nazim is now in police custody, standing trial for smuggling weapons, after police discovered a pistol and three bullets during a midnight raid on January 18.

The retired Colonel claims weapons were planted at his home.

Prior to Nazim’s arrest on February 10, President Abdulla Yameen retired Vice Chief of Defense Forces Ahmed Mohamed and appointed Brigadier General Ahmed Shahid to the post.

Changes brought to military ranks in late January include the dismissal of Major Ahmed Faisal and Captain Ibrahim Naeem from the posts of head of the Special Protection Group (SPG) and Head of Armory, respectively.

Lieutenant Colonels Ahmed ‘Papa’ Fayaz and Abdul Rauf were appointed to head the SPG and Armory respectively.

Dozens of Maldives National Defence Force Officers (MNDF) officers were sacked during the disputed presidential elections of November 2013.

Nine soldiers including former head of military intelligence Brigadier General Ahmed Nilam, Brigadier General Abdulla Shamal, Captain Abdulla Muizz Musthafa and Sergeant Major Naushad Ali were dismissed in December 2013 after President Yameen assumed power.

Nilam and Muizz subsequently sued the state for unfair dismissal.

The Civil Court last Thursday threw out Nilam’s lawsuit, stating they were unable to summon Nilam to court as he had provided the wrong address on case documents.

Muizz’s case is ongoing.

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Dog kennels set up at Hulhulé Airport

Dog kennel

The Maldives Airports Company Pvt Ltd has completed a dog kennel to house 16 sniffer dogs at the Ibrahim Nasir International Airport (INIA) on Hulhulé Island.

MACL Managing Director Adil Moosa presented a ceremonial key to the compound to Home Minister Umar Naseer and Commissioner of Police Hussein Waheed on Tuesday.

“In addition to countering illicit drugs, the sniffer dogs are also capable of identifying explosives and forged bank notes. Training them in this regard will help the police in fighting crime,” Naseer said at the ceremony.

The compound – measuring 240 by 93 feet – would house the 16 dogs and contains two bathing facilities. The first dogs are to arrive on March 23, and includes puppies.

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