Day: March 20, 2015

Nasheed’s terrorism trial “a mockery” of Constitution, verdict “may have been pre-determined,” says Knaul

Former President Mohamed Nasheed’s terrorism trial “made a mockery” of the Maldives Constitution, and violated the country’s international human rights obligations, the UN special rapporteur on independence of judges and lawyers has said.

In a damning statement issued on Thursday, Gabriela Knaul highlighted several irregularities in the opposition leader’s rushed trial, and said: “The speed of the proceedings combined with the lack of fairness in the procedures lead me to believe the outcome of the trial may have been pre-determined.”

Nasheed was sentenced to 13 years in jail on March 13 after the Criminal Court found him guilty of “forcefully abducting” Criminal Court Chief Judge Abdulla Mohamed in January 2012.

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

“The series of due process violations that were reported to me since Mr. Nasheed’s arrest on 22 February is simply unacceptable in any democratic society,” Knaul said.

Warning of a “seriously deteriorating situation in the independence of the justice system,” the expert urged the Maldives to guarantee that Nasheed’s appeal would respect the most stringent fair trial and due processes.

The Maldivian authorities must allow the public, including international observers who were arbitrarily denied access to the Criminal Court, to attend appeal hearings, she said.

Nasheed’s lawyers, however, have already raised concern over alleged attempts by the Criminal Court to block the former president from launching an appeal.

With one week having passed since the verdict was issued, the Criminal Court failed to release any relevant trial documents until yesterday (March 19), which lawyers say are necessary for Nasheed to meet the ten day appeal deadline provided in new regulations enacted by the Supreme Court.

Selective justice

The Maldives’ decision to try Nasheed on terrorism, while his predecessor Maumoon Abdul Gayoom has not had to answer for any of the serious human rights violations documented during his term is “troubling for a country whose constitution enshrines the independence and impartiality of the justice system as a prerequisite for democracy and the rule of law,” Knaul also said.

She urged the Maldives to consider the recommendations she had put forth in a 2013 report, including revising the composition of the judicial watchdog body the Judicial Services Commission, proper investigation of judges’ misconduct, enforcing the judges’ code of conduct and increasing the judiciary’s financial and human resources.

“The delicate issue of accountability for past human rights violations also needs to be addressed,” she noted at the time.

Meanwhile, the UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on Wednesday raised similar concerns as Knaul over Nasheed’s trial, including the Criminal Court having denied Nasheed adequate time to prepare defence and a refusal to call defence witnesses.

The experts have also expressed concern over the Criminal Court’s decision not to wait until Nasheed sought new legal representation when his lawyers resigned half-way through the trial.

Prosecutor General Muhthaz Muhsin and two judges of the three-member bench providing witness statements during a 2012 investigation into Judge Abdulla’s arrest amounted to conflict of interest, both Knaul and Zeid have 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,” Zeid said on Wednesday.

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Nasheed’s family raises fear of an assassination plot by security forces

Former President Mohamed Nasheed’s family has raised concerns over a possible plot within the security forces to assassinate the imprisoned opposition leader.

Speaking to the press today, former First Lady Laila Ali said a very close friend whom she trusts and “could not help but believe” shared information that Nasheed would either be hanged with a note saying he could not remain in jail for 13 years or “disappeared” like Minivan News journalist Ahmed Rilwan.

As the source was certain of the authenticity of the plans and had learned of it from two Maldives National Defence Force (MNDF) officers, Laila said the information was “too serious to ignore.”

Nasheed was found guilty of terrorism and sentenced to 13 years in prison last Friday. Home Minister Umar Naseer has since said the former president would be kept at the Dhoonidhoo detention centre until a “prison apartment” could be built in Maafushi jail.

“I’ve never feared he might be killed while in jail. It is deeply saddening [that he is jail]. But I’ve never thought he might not come out [alive] when he completes his sentence,” she said.

Nasheed’s brother Ibrahim Nashid said he was certain no inmate would harm the former president and said the family had been reasonably certain Nasheed would return alive when he had been jailed under former President Maumoon Abdul Gayoom.

“I was previously certain it would never go that far. But now anything can happen.”

Opposition Maldivian Democratic Party (MDP) Spokersperson Imthiyaz Fahmy told the press yesterday the party has also received information of the alleged assassination plans.

Fahmy referred to rumours of plans to kidnap Nasheed from Dhoonidhoo Island and expressed concern at lax security arrangements at the police detention centre.

“There is only one security personnel where he is kept at Dhoonidhoo. We don’t believe that there will be any security for him. The party believes there is room to organise an attack on him,” he said.

Laila meanwhile said today that she has written to President Abdulla Yameen and former President Maumoon Abdul Gayoom as well as the home minister and police commissioner seeking assurances of Nasheed’s safety.

“In my letter, I expressed my grave concern and told them my husband is in your care. You must give me assurance, in writing or by your actions, that he would not come under any physical or psychological harm.”

The former first lady said she is awaiting a reply, but would make her letters public if she did not receive assurances from the government.

Laila said that she last talked to Nasheed on Tuesday night and shared her concerns. Nasheed told her that police officers had said they would increase security and patrol the island.

Laila noted that Nasheed has also been deprived of legally mandated MNDF protection since his arrest.

Laila said she now feared for his life, adding that she constantly heard of possible attempts to kill Nasheed since the “coup” in February 2012.

Meanwhile, at a press conference today, Police Superintendent Hamdhoon Rasheed dismissed the MDP’s allegations of plans to assassinate Nasheed as false.

Nasheed was safe and under police protection at the detention centre, he said.

“Environment of violence”

British MP for Salisbury John Glen also raised concern over Nasheed’s safety in Westminster today, questioning Leader of the House of Commons William Hague over possible sanctions against the Maldives.

“Although it is believed that he is safe in Dhoonidhoo, it is expected that when he is moved to Maafushi island, there will be real concerns for his safety. Will my right hon. Friend ensure that the Foreign Office is doing all it can to highlight the concerns of Nasheed’s supporters, and can a statement be made to the House about sanctions and whether they should be taken against this much-misunderstood set of islands?” the MP asked.

In reply, Hague said he was deeply concerned over Nasheed’s sentencing and said the UK continues to monitor the case closely.

“We are pressing the Government in the Maldives to give international observers access to any appeal hearing and to allow them to visit the former President in prison,” he said.

Urging calm in the Maldives Hague said, “We have called on the Maldives to follow due legal process. The Foreign Office Ministers were the first to make a strong statement, making it clear that we are monitoring the case closely.”

In a statement on March 16, human rights group Maldivian Democracy Network (MDN) also expressed concern over the “rising environment of violence” and threats to Nasheed and other political figures.

The NGO said it has received information of plans to kill Nasheed in Maafushi after instigating a prison riot, referring to previous outbreaks of violence at the jail, including the shooting of inmates in September 2003 and the death of an inmate last year after a fatal stabbing.

“An investigation is still pending and police are yet to inform the public about the progress of the investigation,” MDN said in reference to the latter incident.

Moreover, the NGO said it has also received reports suggesting “violent groups have been hired to harm and kidnap” opposition MPs.

“We believe that the law and order situation has become extremely fragile in the Maldives, and implore the international community to have a presence in the Maldives to prevent further disorder and to ensure a quick and smooth transition to peace and harmony,” MDN said.

MDN called upon international anti-torture organisations to send missions to the Maldives “where they can monitor the safety of former President Mohamed Nasheed.”

 

Related to this story

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Former bitter rivals unite against “brutality” of President Yameen’s government

Formerly bitter political rivals united against the alleged “brutality” of President Abdulla Yameen’s administration at the first rally of the opposition Maldivian Democratic Party (MDP) and Adhaalath Party (AP) alliance tonight.

Addressing a crowd of thousands at the carnival area in Malé, all speakers at tonight’s rally – including AP President Sheikh Imran Abdulla, ‘Sandhaanu’ Ahmed Didi, former ruling party MP Ahmed Mahloof and MDP leaders – stressed that they bore no grudge against each other.

President Yameen’s “brutality” included the jailing of the former President Mohamed Nasheed after an “unfair” trial, the “framing” of former Defence Minister Mohamed Nazim, the targeting of Jumhooree Party (JP) Leader Gasim Ibrahim’s businesses, and the “unconstitutional” removal of former Auditor General Niyaz Ibrahim and former Chief Justice Ahmed Faiz Hussain.

The current administration was also accused of rampant corruption and using criminal gangs to attack peaceful opposition protests after assuring wayward youth immunity from prosecution.

Several speakers suggested that the prevailing atmosphere of fear was unprecedented, but expressed defiance in the face of threats from government-backed gangs.

AP President Sheikh Imran said toppling the government was not the alliance’s intention and called for President Yameen to join “peace talks” with the opposition.

“Choosing another way is in President Yameen’s hands,” he said.

In a symbolic gesture, a chair in the front row was kept empty for Nasheed, who was convicted of terrorism and sentenced to 13 years in prison last Friday (March 13).

As the Maldives National Defence Force’s (MNDF) official anthem song was used in between speeches, the defence ministry promptly put out a statement objecting to its use in a political rally.

“This institution believes that the use of the song for political purposes undermines the honour and dignity of the army,” the statement read.

“Brutality”

10300231_943143845720279_183779219129665775_nMP Ibrahim Mohamed Solih, MDP parliamentary group leader, assured JP members that the party was “standing up in [Gasim’s] defence.” Last month, Gasim’s Villa Group was ordered to pay the state US$100 million allegedly owed as unpaid rent and fines in 30 days.

As the government gears up to celebrate the upcoming golden jubilee of independence, all speakers contended that the Maldives was not free.

“Maldivians do not have independence as we celebrate 50 years of independence. Tonight, we start the fight for independence,” said JP Deputy Leader Ameen Ibrahim.

MP Ahmed Mahloof – who was expelled from the ruling Progressive Party of Maldives (PPM) – said the controversial transfer of presidential power on February 7, 2012 spawned bitter divisions in the country, which appeared far too wide to ever be bridged.

However, Mahloof said former rivals speaking at one rally indicated “today is worse than yesterday, and even worse is to come.”

He urged PPM supporters to consider why he would withdraw support for a party he had helped found and a president he had helped elect.

President Yameen after assuming power sided with gangs and repeatedly violated the constitution, he claimed.

Alleging corruption in the government, Mahloof said Tourism Minister Ahmed Adeeb bought a US$80,000 BMW and$100,000 ring for the first lady on her birthday, indicating President Abdulla Yameen encouraged embezzlement of state funds.

Reiterating his allegations of the government using gangs for “state-sponsored” crimes, Mahloof said he has “never felt this kind of fear.”

“Why? Because I know the atrocities this government has committed. This government is capable of such atrocities. I am now uncertain of my security,” he said.

In his first speech at a political rally, Adam Azim – former Defence Minister Nazim’s brother and former managing director of the State Trading Organisation (STO) – said he was not at the rally solely because his brother was under arrest.

“I’m here because I do not want my children or their children to live in this fear,” he said.

Azim praised former President Nasheed for his courage, determination, and lead role in ushering in democracy.

Expressing gratitude to the opposition leader for standing up in defence of Nazim – who had played a pivotal role in Nasheed’s resignation in February 2012 – Azim said Nasheed’s heart was “big enough” to contain the whole country.

As justice was not possible through Maldivian courts, Azim said the “only avenue left for justice is the streets.”

He said Nazim wishes to serve the public as Nasheed does and did not fear jail, calling on police and the military not to obey unlawful orders.

Azim also expressed concern with the dismissal of employees of state-owned enterprises for attending opposition protests and rallies, noting that their politically-appointed superiors were at the front lines of ruling party gatherings.

MDP Chairperson Ali Waheed meanwhile said President Yameen has betrayed and alienated his closest associates and allies, including former Defence Minister Nazim, who he said was the hardest working and most competent cabinet minister, and PPM MP Ahmed Nazim.

The Supreme Court is currently hearing an appeal by the Prosecutor General’s Office into dismissal of20821_943152929052704_508879499432636623_n corruption cases against the Dhiggaru MP.

Parties on opposite ends of the political spectrum were setting aside ideological differences against President Yameen’s alleged attempts to destroy the multi-party system, he said, which has renewed hope and courage for the opposition.

The MDP’s top priority and the goal of the opposition movement was freeing Nasheed, he declared.

“We want to see the day Nasheed arrives at Republican Square a free man,” he said.

Related to this story

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

MDP to launch national civil disobedience campaign to free Nasheed

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