Hundreds urge Criminal Court to release Nasheed’s court proceedings

Hundreds of opposition Maldivian Democratic Party (MDP) supporters today urged Criminal Court Chief Judge Abdulla Mohamed to release a transcript of court proceedings necessary for the appeal of former President Mohamed Nasheed’s 13-year jail sentence.

In a letter to Judge Abdulla, over a hundred signatories noted the ten-day appeal period would expire on Monday, March 23, and urged the court to release court proceedings without further delay.

The High Court subsequently informed Nasheed’s lawyers that the appeal period would expire on March 26 (Thursday).

Nasheed was convicted of terrorism on March 13 over the January 2012 military detention of Judge Abdulla in a trial many international and domestic observers called a “travesty of justice.”

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein and the UN Special Rapporteur on Independence of Lawyers and Judges Gabriela Knaul last week urged the Maldives to guarantee that Nasheed’s appeal would respect the most stringent fair trial standards and observe due process.

Speaking to Minivan News today, Nasheed’s lawyer, Hassan Latheef, said the Criminal Court had only provided a summary of the judgment, and said the full court proceedings were necessary for a strong appeal.

Latheef said the High Court’s decision to discount weekends in the new appeal period demonstrated the judiciary’s extraordinary treatment of Nasheed’s case.

The Supreme Court in January issued new regulations reducing the maximum period of appeal from 90 days to ten days. On March 5, in an announcement online, the Supreme Court said the ten day appeal did not include weekends or the day the verdict was issued.

The MDP has previously accused the Criminal Court of deliberately thwarting Nasheed’s attempts to launch an appeal. Meanwhile, the legal team in a statement last week noted the Criminal Court contravened the Supreme Court’s appeal regulations by providing the judgment summary a week late.

Speaking to Minivan News today, MDP MP Eva Abdulla said the possibility of the judiciary providing Nasheed adequate time to prepare an appeal seemed “unlikely, to say the least.”

Eva, MDP MP Ahmed Falah and Independent MP Ahmed Mahloof led the group delivering the letters to the Criminal Court. The crowd set out from the MDP offices towards the Criminal Court at noon, but were blocked at the President’s Office and the Supreme Court.

MP Falah rubs wrists after being handcuffed
MP Falah rubs wrists after being handcuffed

Police detained Falah in a scuffle near the President’s Office. He was handcuffed and taken to the Police HQ, but was immediately released.

When the group reached the Criminal Court, they were pushed behind barricades in a narrow alleyway and police escorted each letter bearer separately into the Justice Building.

After submitting his letter, 27-year-old Shammoon Jaleel said he did not believe justice was possible in the Maldives at present and he had also put a suggestion into a suggestion box at the Criminal Court asking the judiciary to “tear down the justice building and build a park there.”

Shimla Adam, 45, pointed out Nasheed’s legal team did not have enough time to review court proceedings and lodge an appeal even if the Criminal Court provided the report today.

“I do not think President Nasheed will get any justice. I have no hope of things getting better in this country,” she said.

President Abdulla Yameen has previously called on all parties to respect the Criminal Court’s verdict, stating Nasheed had “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

UN rights experts Knaul and Zeid have called on the Maldives to allow international observers including jurists to attend Nasheed’s appeal hearings.

This article was amended to include a statement by the Supreme Court which said the appeal deadline does not include weekends or the day a verdict is issued. 

 

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Ex-defence minister’s brother urges police to disobey police chief

Former Defence Minister Mohamed Nazim’s brother last night called on Maldives Police Services to disobey unlawful orders issued by Commissioner of Police Hussein Waheed.

Speaking at the opposition Maldivian Democratic Party’s (MDP) nightly demonstrations, Adam Azim suggested Waheed was responsible for ordering brutality and unlawful actions against the public, and said individual police officers would ultimately pay the price.

“I am advising the Maldives Police Services, your leaders will make you do wrong. Areca palms will be cut. They will make you raid people’s homes. They will make you arrest people unlawfully. They will force you to be brutal towards your own people. Then Hussain Waheed and his associates will run off and hide,” he said at a first appearance at an opposition protest.

Nazim is currently under house arrest, standing trial for smuggling illegal weapons. The former defence minister claims the pistol and three bullets police discovered at his home during the January 18 raid were planted by Specialist Operations (SO) officers on the orders of Tourism Minister Ahmed Adeeb.

The retired colonel was subsequently dismissed, and arrested on February 10 on additional charges of terrorism and treason. Azim, who was the Managing Director of State Trading Organization (STO), was also dismissed from his position on March 9.

Nazim said Adeeb had engineered the setup after he spoke out against police SWAT officers chopping down all of Malé City’s areca palms in October. The tourism minister has since dismissed the allegations.

State prosecutors in court last week said documents on a pen drive confiscated along with the weapons suggested Nazim was plotting to harm President Abdulla Yameen, Waheed and Adeeb with the financial backing of opposition Jumhooree Party (JP) Leader Gasim Ibrahim’s Villa Group and STO.

The MDP and former ruling coalition partner JP formed an alliance “in defence of the Constitution” at the same time as the police raid on Nazim’s home. Since the former defence minister’s arrest on February 10, the opposition has held nightly demonstrations.

MDP leader and former President Mohamed Nasheed was arrested on February 22, swiftly brought to trial on terrorism charges and sentenced to jail on March 13. Azim first appeared at an opposition rally on Thursday night, where he praised Nasheed, and called on the government to release all “political prisoners.”

Speaking last night to a crowd of hundreds outside the Maldives National Defence Force’s (MNDF) Kalhuthukkala Koshi (KK), Azim urged security forces to be cautious in following their superior’s orders, stating: “We know a lot of things that Hussein Waheed is responsible for.”

Azim last night also warned Waheed he would be penalised for his role in allegedly framing Nazim.

“You do not have much protection either. There will come a day when you lose your position. We will make sure of it,” he said.

“When you have status, honour and power what you are supposed to do is serve for the people with honour, pride and respect. Not brutalising your people!” he added.

Following Nazim’s arrest and trial, several key regime supporters – including MP Ahmed Mahloof and Adhaalath Party President Sheikh Imran Abdulla – have joined the opposition under the banner “Maldivians against brutality.” Defectors have accused Adeeb of corruption, links with organised crime and gangs, and intimidation of political rivals.

Mahloof at an opposition rally on Thursday night said Adeeb bought a US$80,000 BMW and$100,000 ring for the first lady on her birthday, which he said demonstrated President Yameen encouraged embezzlement of state funds.

Adeeb, at a press conference yesterday, hit back saying Mahloof was being paid to make false allegations. The MP had also failed to pay back loans borrowed from close business associates, the tourism minister alleged.

Nazim’s family, meanwhile, requested the former defence minister be flown abroad for urgent medical care. At a hearing on Thursday, lawyer Maumoon Hameed said Nazim had a life threatening medical condition.

He was recently transferred from police custody at the Dhoonidhoo Island detention centre to house arrest for health reasons.

The former defence minister played a key role in MDP leader and former President Mohamed Nasheed’s resignation half-way through his term on February 7, 2012.

Photo by @adamadeem on Twitter 

 

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Ruling coalition to celebrate by-election victories with fireworks

The ruling coalition is planning to celebrate Saturday’s council by-election victories with fireworks in Malé tonight.

The fireworks display is due to take place around 8:30pm at the artificial beach.

According to provisional results from the Elections Commission, Progressive Party of Maldives (PPM) candidate Abdul Mufeed won the by-election in Haa Alif Muraidhoo for a vacant seat on the island council with 208 votes (45.41 percent) whilst his closest contender, independent candidate Mohamed Fuwad, received 143 votes (31.22 percent).

Opposition Maldivian Democratic Party (MDP) candidate Aishath Visama received 107 votes (23.36 percent).

In the contest for the Meedhoo constituency seat on the Dhaalu atoll council, Maldives Development Alliance (MDA) candidate Mohamed Mamdhooh secured 997 votes (60.94) against MDP candidate Salim al-Sabah with 639 votes (39.06 percent).

The Meedhoo constituency is represented in parliament by MDA leader and resort tycoon, MP Ahmed Siyam Mohamed.

Voter turnout was 70.25 percent in Meedhoo and 80.56 percent in Muraidhoo.

Speaking at a press conference last night following the announcement of the by-election results, Tourism Minister Ahmed Adeeb declared President Abdulla Yameen would win re-election in one round of voting in 2018.

Adeeb said the victories for PPM and coalition partner MDA candidates showed the government’s support was not 25 percent as the opposition claims.

A majority of the public was behind the current administration and supported its policies, he suggested.

“We will show results through the ballot box,” said the PPM deputy leader, condemning the opposition’s ongoing nightly anti-government demonstrations.

After former coalition partner Jumhooree Party (JP) withdrew support for the government and formed an alliance with the MDP last month, the opposition has contended that the current government lacks legitimacy and does not have a popular mandate to govern.

In the cancelled first round of the 2013 presidential election, PPM candidate Yameen polled 25 percent.

After polling 29.72 percent in the first round re-vote, Yameen won the second round run-off against former President Mohamed Nasheed after the JP decided to form a coalition with PPM.

JP Leader Gasim Ibrahim finished third place in the re-vote with 23.43 percent and endorsed Yameen after initially declaring he would remain neutral.

Adeeb meanwhile noted last night that the ruling coalition won the recent by-elections after the JP left the coalition.

Street protests could neither produce results nor weaken the government, he said.

The nightly protests were also adversely affecting local businesses and causing disruptions in the capital, he added.

Adeeb also slammed former ally Adhaalath Party (AP) for joining the opposition campaign, contending that its leaders have “betrayed” the religious conservative party’s members.

“GMR is now OK, Denmark is also OK [for AP leaders],” he said, referring to AP President Sheikh Imran Abdulla spearheading nationalistic protests calling for the cancellation of the Indian infrastructure giant’s agreement to manage the international airport and the party’s allegations that former President Mohamed Nasheed pursued anti-Islamic policies.

At a press conference last week, Adeeb said the AP’s leaders have made “a career” out of toppling governments.

Adeeb also claimed that the ruling coalition has won six out of eight by-elections held since the 2013 presidential election. However, 12 council by-elections have been called since the presidential poll, half of which were won by opposition candidates.

In several by elections, opposition candidates won by default as the ruling coalition did not field candidates.

If there’s an election, it’s won by PPM or MDA. Therefore, we must have fireworks in Malé tomorrow, PPM PG Leader Ahmed Nihan said. 

All are invited. We secure results from the ballot box, a PPM supporter said.

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MP Fayyaz Ismail released

MP Fayyaz Ismail was released last night by the Criminal Court after having been arrested during a protest on March 6.

Most opposition supporters arrested during the protests, including members from the Maldivian Democratic Party’s (MDP) leadership, had been released earlier on the condition they do not participate in protests for a period of 60 days.

But Fayyaz refused the condition, telling the Criminal Court that the judiciary could not obstruct a right enshrined in the Constitution. The Criminal Court then remanded him for a further 15 days.

According to local media, Fayyaz was taken back to Dhoonidhoo detention center yesterday, though police claimed it was only to pick up some of his belongings.

“The court ordered him to be released. At that point, they cannot take him back to the Dhoonidhoo, even to pick up his belongings. They should not be allowed to act like this,” said MDP Spokesman Imthiyaz Fahmy.

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US$40,000 stolen from Ocean Travels’ office

Over US$40,000 (MVR616, 800) was stolen during a break-in at the offices of Ocean Travels, at the State Trading Organisation trade centre on Thursday night (March 19).

The robbery was reported on Friday night. No arrests have been made yet, the police said.

“They found out their safe was broken into when they opened the office,” said police.

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Deputy Gender Minister resigns over “unacceptable” direction of the government

Deputy Minister for Law and Gender Sidhatha Shareef has resigned, saying she could no longer defend the government’s policies.

The Adhaalath Party member announced her resignation at the party’s offices today (March 22), declaring her support for the opposition alliance’s campaign against brutality and injustice.

“The direction this government is taking leads towards a lot of problems. Since I have worked towards justice and the empowerment of human rights for such a long time, I am unable to accept what is going on now,” said Sidhatha.

Adhaalath Party leaders last week formed an alliance with the opposition Maldivian Democratic Party to bring an end to “the brutality of President Yameen’s regime”.

Speaking at the alliance’s first rally last weekend, AP President Sheikh Imran Abdulla said the current government’s corruption 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 Leader Gasim Ibrahim’s businesses, and the “unconstitutional” removal of former Auditor General Niyaz Ibrahim and former Chief Justice Ahmed Faiz Hussain.

 

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Government targeting Gasim unfairly, says MDP Vice President

The Maldivian Democratic Party (MDP) Vice President Mohamed Shifaz told VTV last night that Maldivians should not wait and watch while the government targeted the Jumhooree Party (JP) leader Gasim Ibrahim’s businesses.

Shifaz said that Gasim had contributed greatly to the nation and that he was diligent when it came to paying required taxes to the state.

“If we ignore these things today, there would not be a country tomorrow and the citizens would have nowhere to go and no one to turn to for help,” he told the station, owned by Gasim’s Villa Group.

The Maldives Inland Revenue Authority (MIRA) on March 1 ordered Gasim’s Villa Group to pay pay the state US$100 million within 30 days.

Gasim is currently contesting MIRA’s order. The government said Villa owed the state money in rent and fines for several islands and lagoons leased to the company.

Also speaking on VTV yesterday, the JP’s legal secretary, Imad Solih, said that Gasim had received the ‘Ran Laari’ award in 2014, given in recognition of those who pay the highest amount in taxes to the state.

“A single opinion causes the entire degradation of an airport and a simple political stand results in the seizing of assets. Is this justice and equality?” asked Imad.

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Government appeals for cooperation with Independence Day celebrations

The government has appealed for public cooperation for planned events to celebrate the upcoming 50th Independence Day on July 26.

“The celebration of Independence Day should involve everyone. I call on every Maldivian to cooperate with the celebrations,” President’s Office Minister Abdulla Ameen said last week.

A special office was launched on Thursday (March 19) to oversee events planned by the government to mark the golden jubilee of independence.

“The Independence Day celebrations are supervised by the president. The celebrations are carried out with the president’s opinion and advice,” Ameen said at a ceremony after opening the office.

Scheduled events include sky diving, a swimming competition, a bicycle race and a water fountain laser show.

The opposition Maldivian Democratic Party (MDP) has meanwhile accused the government of using the celebrations as a cover to “rob civil liberty” and “empower gangs.”

“From every event we see the government-backed gangs getting more powerful. There is absolutely no freedom whatsoever for the opposition or its supporters. The government with their minority and the so-called peaceful youths are terrorising every other citizen,” MDP Vice President Mohamed Shifaz told Minivan News.

While the Maldives gained independence working alongside development partners and friendly nations, Shifaz contended that the Maldives was now isolated in the international area.

“We got independence by working together with the rest of the world. But 50 years later with President Yameen’s foreign policy Maldives has been isolated from the rest of the world now,” he said.

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Comment: Getting away with murder

This article first appeared on DhivehiSitee.

In the early hours of this morning a 24-year-old Bangladeshi waiter, Shaheen Mia, was brutally murdered at a Male’ café he was working in. A group of masked men stabbed him to death. The day before, on the island of Mundoo in Laamu Atoll, another young man, 29-year-old Ali Ziyadham, was knifed to death allegedly in an argument among a group of men who were drinking home brewed alcohol.

Last month, on 22 February, a 24-year-old was murdered outside his home in Male’, he was almost decapitated. In January, in the island of Vaavu Rakeedhoo, a three-year-old boy was beaten to death by his mentally ill mother, herself a victim of sexual abuse over a long period of time.

All in all, since November 2013, there have been 12 murders and three abductions in the Maldives. Few have received justice.

Ex-Defence Minister Mohamed Nazim was fired on 20 January. Police raided his home in the middle of the night and ‘found’ weapons. Charged first with conspiracy to overthrow the government and later with importation of weapons into the country, he was remanded in custody. Before being imprisoned Nazim gave a press conference in which he said, ‘no Maldivian citizen will have safety and security.’ He could not have made a truer statement. Law and order are now non-existent in the once peaceful islands.

Just a short decade or so ago, a murder in the Maldives was a rare occasion that got the whole country talking. Back in the early 1970s, a German tourist killed his girlfriend in a Male’ guesthouse. Throughout the eighties and well into the 1990s, Maldivian people still spoke of the murder in hushed tones—killing was such a rare occurrence that people could not forget even the smallest details about the event. Today, killing is so common it is hard to remember who, when or why.

The blame must be taken squarely by the failed criminal justice system of the Maldives. Investigations are set to fail—often deliberately—at all stages: the police never seem to find evidence; when they do, they charge the wrong person; or when the right person is charged, the courts release them for ‘lack of evidence’ or wrongfully obtained evidence, or to teach the government a lesson. In 2011 Judge Abdulla Ghazee, whose continued releasing of violent offenders had made him a national security threat, released a suspected murderer, Shahum Adam, to teach the Health Ministry a lesson. He went on to kill again.

In the year that followed Ablow Ghazee’s release from custody on 7th February 2012, after Mohamed Nasheed was deposed on the pretext of having acted unconstitutionally by having the lawless judge taken into military custody, there were nine murders.

The first was of 21-year-old Abdulla Muheeth (Bobby), killed by gangs in what turned out to be a case of mistaken identity. On the night he was killed, there were three other violent attacks in Male’. Muheeth’s killers are awaiting the death penalty. Less than a month after Muheeth’s death, 33-year-old Ali Shifan was attacked and killed by two men on a motorbike in Male’. The next victim was a 75-year-old woman, Fathimath Zakariyya, attacked and killed in her own home on the island of Neykurendhoo; the next a 65-year-old man, Hassanbe, on the island of Maafaru, also attacked and killed in his own home; he was followed by a 16-year-old schoolboy, Mohamed Aruham, attacked and killed while sleeping on a park bench in Male’; 65-year-old lawyer Ahmed Najeeb came next, killed and thrown into a garbage bin; he was followed by a 26-year-old policeman, attacked and killed while on duty on the island of Kaashidhoo; then came the murder of 46-year-old MP Afrasheem, brutally attacked just outside his own apartment; followed by Moneerul Islam, a Bangladeshi worker, also killed in his own home in November 2012.

There was a drop in the number of killings after that, with three in total in the year 2013 – one in March, in July and in December of that year. In 2014, however, the number of killings went up again—five lives were taken violently that year. In 2015, only in its third month, this morning’s murder of Shaheen Mia is the year’s fourth.

The police are not doing their job of law enforcement, and of protecting and serving the community. As observers have pointed out, their main focus seems to be on the political rather than the criminal.

Hundreds of policemen and women are deployed to man every peaceful protest; a flurry of press releases and media briefings precede and follow any demonstration; and dozens are taken into custody from each of them. The gangs that operate on the fringes of these protests, meanwhile, get away with throwing crude oil, chilli water and even petrol at the demonstrators; and with attacking them physically. The only purpose of the police seems to be to stifle opposition to the government, to enforce the government’s power, and to keep people from rising up against it.

The current Home Minister, Umar Naseer, competed in the PPM primaries as a presidential candidate in the 2013 election. He lost to the incumbent president Abdulla Yameen Abdul Gayoom. According to Umar, Yameen rigged the primaries to win. In the subsequent fallout, he alleged that Yameen has deep connections with the gangs of Male’; and also that the President was connected to the murder of MP Afrasheem Ali.

Once made the Home Minister in Yameen’s government, however, he has gone silent on whatever it is that he knows about the president and his gangs. Not only is he silent on Yameen’s alleged criminal activities, but also on any criminal activity. He is Home Minister in name only, his wings cut and vocal chords either bought or being held to ransom. He has no power over the police either. This week, he resorted to issuing orders to the police through Twitter, so powerless is he.

More recently, former PPM MP Ahmed Mahloof who has now been kicked out of the party, has come up with similar allegations of Yameen’s criminality. He implicates Yameen’s right-hand man in government, Tourism Minister Ahmed Adeeb, of being as closely connected with the gangs of Male’ as Umar accused Yameen of being. According to Mahloof, Adeeb knows what happened to journalist and blogger Ahamed Rilwan, abducted at knifepoint from outside his home in August 2014. Pictures of Yameen and Adeeb with members of Male’s various gangs are everywhere. Pictorial evidence shows Adeeb’s connections with gangs exist not only at the local level but also the international – he posed shamelessly with the notorious Artur brothers from Armenia, implicated in arms and drugs smuggling worldwide.

The fact is none of these people with information—Nazim, Umar or Mahloof—are willing to share what they know with the public. It may be because the information is their only bargaining tool, it could be what keeps them alive. According to what Nazim has been revealing in his sham trial, police acts as thugs when commanded by Adeeb, Yameen’s proxy. In October 2014, a group of masked men wielding machetes cut down the areca nut palms lining Male’s main streets. The perpetrators were never identified by the police. According to recent revelations by Nazim during his on-going trial, it was the Special Operations police, pretending to be gang members who committed the crime. Rumour has it that Yameen suspects the trees have been used to put a curse on him using black magic.

The police are also implicated in enabling, and the cover-up of Afrasheem’s murder—they were on duty, closing the roads to his home when the murder occurred. Did they let the killer in, then closed off the road so there would be no witnesses? The public widely suspects they had a role in the abduction of Rilwan. An eyewitness to his abduction called the police immediately after seeing a man being bundled into a car at knifepoint from outside Rilwan’s apartment on the island of HulhuMale’. They did not respond, and never publicised the event allowing Rilwan’s disappearance to go unknown for days. They are still deliberately neglecting the investigation, hiding, obfuscating, impeding any progress. In the killing of Ziyadham on the island of Mundoo on Friday night, according to local media, people reported unrest to the police repeatedly, suspecting something was about to go very wrong. The police did not respond, arriving on the island hours after the killing despite having hours to have prevented it from happening. Less than an hour ago, in response to the latest killing, the police have told local news outlet cnm.mv that it ‘believes’ all citizens are safe.

A deadly mixture of deliberate collusion with violent gangs, the country’s incompetent law enforcement authorities, and the unqualified corrupt judiciary, has made life in the Maldives hell for its inhabitants.

This government is an utter failure on every level. Yet, half the people are fighting to keep it, and the judiciary, in place.

Dr Azra Naseem has a PhD in International Relations

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected].

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