Day: March 23, 2015

Criminal Court bars ex-defence minister from calling witnesses

The Criminal Court today admitted only two of the 37 defence witnesses requested in former Defence Minister Mohamed Nazim’s weapons possession trial.

Nazim has previously claimed rogue police officers planted a pistol and three bullets found at his apartment during a midnight raid, but the Criminal Court refused to allow the retired colonel to present witnesses, stating they do not appear to negate the prosecution’s charge.

Defence lawyer Ibrahim Shameel pointed to a 2011 Supreme Court precedent in which the apex court said judges had no authority to refuse to hear witnesses.

In reply, presiding Judge Abdul Bari Yoosuf said: “We know what that verdict says. [But] this court has made a decision.”

State prosecutors and defence lawyers are to present concluding statements at the next hearing on Wednesday. Afterwards, the three-judge panel could issue a verdict at their discretion.

The three judges overseeing Nazim’s case, Judge Yoosuf, Judge Abdulla Didi and Judge Sujau Usman, had convicted former President Mohamed Nasheed of terrorism on March 13 and sentenced him to 13 years in jail over the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein and UN Special Rapporteur on Independent of Judges and Lawyers Gabriela Knaul last week called Nasheed’s sentence unfair, contending the Criminal Court’s refusal to call defence witnesses contravened international fair trial standards.

The Criminal Court tonight also refused to allow Nazim to leave the country for urgent medical treatment, noting doctors had said he could attend court hearings despite his condition.

Lawyer Maumoon Hameed in court last week said Nazim’s condition was life-threatening. The former defence minister was subsequently transferred from the Dhoonidhoo Remand Center to house arrest on the doctor’s recommendation.

SWAT officers “gone rogue”

At today’s hearing, the Criminal Court called Superintendent of Police Abdulla Satheeh and Assistant Commissioner of Police Hussein Adam to the witness stand.

Although judges summoned Chief Superintendent of Police Abdul Mannan Yoosuf, they refused to allow the defence team to ask questions over a possible setup against Nazim.

Meanwhile, Adam, who current heads the police’s Internal Security Command and commands the Specialist Operations (SO) officers, told the Criminal Court that Deputy Commissioner of Police Hassan Habeeb asked him to alert the SO’s SWAT team for a major operation, four days before the raid.

Satheeh, who was the chief investigative officer in Nazim’s case, confirmed the raid was carried out under Habeeb’s commands, and said it was the deputy commissioner who had decided not to arrest Nazim at the scene despite the discovery of dangerous weapons.

Satheeh also corroborated testimony by several anonymous police officers last week that the search team had entered Nazim’s apartment after SWAT officers secured the premises.

Nazim’s lawyers previously claimed SWAT officers, after breaking down Nazim’s door and herding his family inside the living room, spent ten minutes inside the then-defence minister’s bedroom unsupervised before the search began.

Adam noted the police would normally request the Maldives National Defense Force (MNDF) to secure premises before a raid to confiscate illegal weapons and explosive devices.

He also said he was unaware the police were raiding Nazim’s home until the next day, and he had raised the issue with the Police Commissioner Hussein Waheed afterwards. But the police chief said some operations must be kept secret, Adam said.

Satheeh, who also heads the police’s Serious and Organized Crime Unit, said he did not notice police having acted against laws and regulations during the investigation.

The search warrant was obtained after police received information from a credible source, Satheeh said. The information did not come through the police’s intelligence directorate, he said, but the police acted on the information because of the reliability of the source.

State prosecutors in court previously said confidential documents on a pen drive confiscated along with the pistol and three bullets indicated Nazim was plotting to attack President Abdulla Yameen, Tourism Minister Adeeb and Waheed, with the financial backing of opposition Jumhooree Party Leader Gasim Ibrahim’s Villa Group.

But Nazim said the SWAT officers framed him on Adeeb’s orders following a fall-out over his complaint with President Yameen regarding Adeeb’s alleged use of the SWAT team to commit crimes, including the chopping down of all of Malé City’s areca palms.

Police have previously dismissed allegations of framing as “untrue” and “baseless.” Adeeb has also said he was “shocked” by the defence team’s “lies.”

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Detention drove home immensity of President Nasheed’s “sacrifice,” says MDP MP Fayyaz

A 15-day incarceration at the Dhoonidhoo detention centre drove home the immensity of President Mohamed Nasheed’s sacrifices for the sake of democracy, opposition Maldivian Democratic Party (MDP) MP Fayyaz Ismail has said.

The MP for Laamu Gan was arrested during a demonstration on March 6 and held in remand detention after refusing the Criminal Court’s condition for release of not attending protests for 60 days.

“When I came home to my family upon my release, that’s when I realised what President Nasheed had sacrificed before and what he continues to sacrifice,” Fayyaz told Minivan News in an interview today.

People knew of Nasheed’s sacrifices at “an abstract level”, Fayyaz explained, but his own “personal experience” made him realise the hardship the opposition leader has been through.

“Why is he making this sacrifice? For future generations. So we need to do everything we can once again to restore a people’s government,” he said.

Prior to his election in 2008, Nasheed was imprisoned over a dozen times for dissident activities during the 30-year reign of former President Maumoon Abdul Gayoom.

Fayyaz, who lives with his wife and five-year-old daughter, said his detention was the longest period he had been separated from his family.

He added that it was difficult to explain to his daughter why he had been away from home for so long.

“When they are so young, we do not want to tell them the way their authorities is acting is wrong, otherwise they will be prejudiced towards those institutions. So it was very difficult for me to tell her why her father was away for such a long time,” he said.

The MDP has been protesting in the capital every night since Nasheed’s arrest on February 22.

On March 13, the opposition leader was found guilty of ordering the military to “forcibly abduct” Criminal Court Chief Judge Abdulla Mohamed and sentenced to 13 years in prison.

Conditional release

Recalling his arrest and remand hearing, Fayyaz said police had requested the Criminal Court judge to extend his detention.

“Since I had no criminal record, the judge ordered my release with a condition of avoiding participation in protests for 60 days,” he said.

“But I refused to accept that condition. I told them protesting was a right guaranteed to me by the Constitution. When I said so, I think the judge was displeased, and he ordered for me to be locked up for another 15 days.”

Fayyaz noted that under the Constitution, an individual could only be held in custody prior to sentencing if there was either a “danger of the accused absconding or not appearing at trial, [for] the protection of the public, or danger of influencing witnesses or tampering with evidence.”

He questioned how the Criminal Court judge could decide he was “suddenly a danger to the society,” just after ordering his release on the condition of staying away from protests.

He advised others arrested during protests to refuse the conditional release and appeal the court’s decision.

“We believe that the judiciary has also been politically influenced. I do not think that anyone with a good conscience could accept that the judiciary is independent,” Fayyaz said.

“So I think the judiciary’s intention behind these conditions is to discourage protesting.”

Fayyaz also said his detention changed the way he perceived the police and gave him hope. He praised the “professionalism and kindness” shown to him by individual officers at the Dhoonidhoo Detention Center.

He suggested that the issue was with “leaders abusing the system” rather than policemen, who he said were “good people.”

Fayyaz said he had not decided to make a principled stand before appearing before the judge for the remand hearing, adding that the defiance “came naturally.”

“Even in my profession as a lawyer, we are seeing corruption and influence into these things. So in such an environment, we have to protest. If we do not protest today, tomorrow we will not be able to even talk like this,” he said.

 

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Gasim “economically paralysed,” says JP Deputy Leader

The current government has “economically paralysed” Jumhooree Party (JP) Leader Gasim Ibrahim, its Deputy Leader Ameen Ibrahim has said.

“Even though Gasim has not been put behind prison bars, the government has economically paralysed him,” Ameen said at a press conference of the opposition’s newly formed “Maldivians against brutality” alliance today.

Gasim could not actively participate in opposition activities as the government has “cornered” the tycoon by targeting his businesses, Ameen said.

While the opposition Maldivian Democratic Party (MDP) accepted the Adhaalath Party’s (AP) invitation to form a united front against the government, the JP’s national council is yet to decide whether the party will join the new alliance.

However, Ameen and several other senior JP members have been working with the alliance, claiming their participation was in an “individual capacity.”

Speaking at a press conference yesterday, AP President Sheikh Imran Abdulla accused the government of planning to seize all of Gasim’s assets and making sure he was “unable to move his hands or legs” in his defence.

Meanwhile, in an appearance on Gasim’s Villa TV, MDP Vice President Mohamed on Saturday said Maldivians should not wait and watch while the government destroyed Gasim’s Villa Group.

On March 1, the Maldives Inland Revenue Authority (MIRA) gave a 30-day notice to Villa Group to pay US$100 million allegedly owed as unpaid rent and fines.

Moreover, in February, the tourism ministry seized several islands and lagoons leased to Villa Group as part of an out-of-court settlement.

MDP-JP alliance

After officially leaving the ruling coalition in January, the JP formed an alliance with the MDP in January and launched nightly protests on February 10 against what they alleged were repeated violations of the constitution by President Abdulla Yameen’s administration.

Gasim himself and other JP leaders took part in the protests, which culminated in a mass rally on February 27.

Following former President Mohamed Nasheed’s arrest on February 22 ahead of a surprise terrorism trial, Gasim called on the Prosecutor General to withdraw the “politically motivated charges” and vowed to continue protests.

However, after failing to return from a trip to Sri Lanka to attend the February 27 protest march, Gasim has not appeared in opposition protests. He has also not made any public statements since a meeting with Home Minister Umar Naseer on March 5.

Villa Group is one of the largest companies in the Maldives with the holding company Villa Shipping and Trading Pvt Ltd conglomerate operating businesses in shipping, import and export, retail, tourism, fishing, media, communications, transport, and education.

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“Maldivians against brutality” alliance to launch activities tonight

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The newly formed “Maldivians against brutality” alliance is launching its activities at 9:00pm tonight at the artificial beach.

Adhaalath Party (AP) President Sheikh Imran Abdulla made the announcement on behalf of the “national movement” at a press conference this afternoon, but declined to reveal any details of the activities planned for tonight.

Imran said the alliance has formed a 13-member steering committee to plan and oversee its activities, which includes representatives from the opposition Maldivian Democratic Party (MDP), Jumhooree Party (JP), and NGOs.

MDP Chairperson Ali Waheed claimed that the country’s tourism industry was collapsing as a result of the government’s alleged efforts to “wipe out political opponents,” contending that the Maldives’ international reputation has been tarnished by “politically motivated trials.”

He stressed that the opposition alliance’s protests would take place within bounds of the law

MP Ahmed Mahloof – recently expelled from ruling Progressive Party of Maldives (PPM) – meanwhile alleged that Tourism Minister Ahmed Adeeb was behind the death threats issued via text message to several opposition politicians last year under the name “ISIS.”

He also repeated allegations of corruption against Adeeb, claiming that the PPM deputy leader gifted a US$70,000 BMW car and US$100,000 gold ring to First Lady Fathmath Ibrahim.

Adeeb has denied the allegations, claiming the MP had been bribed to defame him and President Abdulla Yameen.

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Maldives will “emerge victorious over adversarial states,” says President Yameen

The Maldives will “emerge victorious over adversarial states,” President Abdulla Yameen has declared, slamming alleged foreign interference in domestic affairs following the conviction of former President Mohamed Nasheed on terrorism charges.

Addressing supporters at a Progressive Party of Maldives (PPM) rally last night, President Yameen reiterated that exercising authority over either the Prosecutor General or the judiciary would threaten constitutional separation of powers.

“God willing, God Almighty will grant us just rulers. And God will grant our state the courage to remain steadfast in Islam and the guidance of Islam. And God willing, we will emerge victorious over adversarial states,” Yameen concluded his remarks by saying.

“We are on the righteous path. We will not go astray. God willing, no matter how small, this Maldivian state will have the courage to hold fast to Islamic guidance.”

President Yameen’s remarks follow international concern over the lack of due process in the rushed trial of the opposition leader. Nasheed was found guilty of ordering the military to “forcibly abduct” Criminal Court Chief Judge Abdulla Mohamed in January 2012 and sentenced to 13 years in prison.

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 and due process standards.

Yameen went on to say that other countries believed the Maldives does not enforce the law, “but we are telling those states that the law is enforced in the Maldives the same as it is in those states.”

Cases were tried through independent courts and sentences were implemented after an appeal process, he added.

Trials should be conducted swiftly to ensure justice, he continued, claiming that terrorism cases involving up to 1,500 defendants were completed in 48 hours in England.

“We don’t go criticising the mechanisms there. And we don’t request getting into the courtrooms there,” he said.

“But when it’s the Maldives, because we are a small country, [they] want to meddle in everything we do. No. That day is in the past. The Maldives, this Maldivian state, will no longer give room for that.”

By calling on the president to release Nasheed, Yameen said both the opposition and foreign parties were inviting the president to commit an “impeachable offence”.

The president was not responsible for either the PG’s decision to prosecute or the court’s verdict, he said.

Exercising oversight over the PG was the task of parliament’s Independent Institutions Committee, he continued, questioning why opposition MPs have not summoned the PG so far.

The president ordering the PG not to prosecute or withdraw charges in a specific case would amount to “obstruction of justice” and violation of the constitution, Yameen said.

Related to this story:

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

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

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

Respect Criminal Court verdict, says President Yameen

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

Foreigners cannot meddle in domestic affairs, declares President Yameen

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Maldives human rights watchdog under siege

The Human Rights Commission of the Maldives (HRCM) has slammed the judiciary for compromising its independence, describing the Supreme Court’s suo moto proceedings over a submission to the UN Human Rights Council as the biggest challenge the watchdog has faced in its 11-year history.

In its 2014 annual report, the independent commission noted the Supreme Court and the Juvenile Court accused the HRCM of making false allegations in the Universal Periodic Review and a confidential report into a 15-year-old rape victim’s flogging sentence.

The Supreme Court and Juvenile Court’s charges affected the commission’s independence and ability to carry out its mandate, the report said.

The controversial suo moto regulations allow the Supreme Court to initiate proceedings, prosecute and pass judgment. The first case of its kind, in March 2014, saw the apex court sack the Elections Commission’s President and Vice President for contempt of court.

Jumhooree Party (JP) MP Ali Hussein said the judiciary’s “harassment of HRCM” was an indication of the “extraordinary levels of judicial activism in the country.”

“The judiciary is acting outside its boundaries, it is annulling laws, making laws, dismissing members of the independent commissions. The judiciary needs to be restrained immediately. But there is no way to hold them accountable.”

Judges must be educated and sensitised to human rights, fundamental norms and best practices in a democratic society, he continued.

However, lamenting President Abdulla Yameen’s decision to appoint disgraced Supreme Court Judge Ali Hameed to the judicial watchdog Judicial Services Commission (JSC), Ali said judicial reform was only possible through a long hard people’s struggle.

Hameed was implicated in a series of sex tapes involving foreign women, but the police have closed the investigation citing non-cooperation from the judge, according to media reports. The JSC subsequently refused to take action against Hameed.

Meanwhile, parliamentary group leader of the ruling Progressive Party of the Maldives (PPM), Ahmed Nihan, said the People’s Majlis must play a key role in mediating the conflict between the HRCM and the judiciary to ensure the commission’s independence.

The majority leader described the dispute as “a teething trouble in a nascent democracy,” and said the HRCM must continue to exist as “a pillar of multi-party democracy.”

The opposition Maldivian Democratic Party (MDP) agreed the responsibility for ensuring HRCM’s independence rested with parliament, but said the PPM-dominated Majlis had no regard for the independence of the state’s watchdog bodies.

MDP MP Eva Abdulla also accused ruling party MPs of harassing human rights commissioners through the parliament.

The five members of the HRCM were summoned separately to the Majlis last week and questioned in a closed-door meeting regarding the commission’s statement condemning the Criminal Court’s 13-year sentence on former President Mohamed Nasheed.

The HRCM on March 14 expressed concern over apparent lack of due process in the opposition leader’s trial, and said the Criminal Court had failed to respond to a request to monitor court proceedings.

Eva also noted increasing threats against the HRCM, most recently that of a group of angry men on February 24 entered the commission’s officers and threatened to harm the five commissioners following a statement condemning the police’s mistreatment of Nasheed ahead of a hearing on February 23.

HRCM Vice President Ahmed Tholal meanwhile received threatening calls and messages after the police claimed he had called them “baagee” or traitor on February 22. The police have since withdrawn the claim.

The Supreme Court’s suo moto case is still pending “like a sword hanging over the HRCM,” Eva said.

The MP for Galholhu North also concurred with JP’s Ali Hussein, stating the judiciary should be held answerable through the JSC.

“We must end this judicial dictatorship. Within the People’s Majlis we must ensure the JSC fulfills its mandate. And above all, appoint qualified judges to the judiciary,” she said.

The HRCM in its report said the judiciary faced the most number of challenges in protecting human rights in 2014. The commission also expressed concern over the sudden dismissal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan in December.

 

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Government signs MoU with Dubai Ports World

The Maldivian government signed a Memorandum of Understanding (MoU) with Dubai Ports (DP) World on Thursday (March 19) to develop a port at Thilafushi as a free trade zone.

In a press statement on Sunday (March 22), DP World said the MoU was signed for the development of the Maldives’ “ports and logistics industry” by DP World Chairman Sultan Ahmed Bin Sulayem and Tourism Minister Ahmed Adeeb.

“The Maldives has been growing rapidly, driven largely by its tourism development. We are working with them to help diversify the economy through building infrastructure, logistics and transport links needed to make this happen,” said Bin Sulayem.

“The UAE has much experience and expertise in this area thanks to the vision of our leaders to explore new growth strategies. We are proud to share our expertise with the Maldives as they develop their capabilities in the global supply chain industry.”

The press release added that the MoU was the outcome of several meetings between DP World and Maldivian government officials over the past few months, including discussions between Bin Sulayem and President Abdulla Yameen in July and September 2014.

Economic Development Minister Mohamed Saeed and Youth and Sports Minister Mohamed Maleeh Jamal also attended the signing ceremony along with key DP World company officials

The global marine terminal operator said the meeting “provided an opportunity to highlight DP World’s global portfolio and expertise in assisting partners with the development of their infrastructure and transport networks.”

After signing the MoU in Dubai, Adeeb told local media that DP World has agreed to complete the new Thilafushi port with a free trade zone within two years of signing a joint venture agreement with the Maldives Ports Limited (MPL).

A timeline for the project has been agreed upon and the MoU was signed with a view to signing the joint venture agreement in a month, he said.

“The fiDP Worldrst phase would also include a big cargo container terminal. First the port service, then a free trade zone for the imported cargo which will be isolated with a fence. Import and export cargo will be kept there,” the co-chair of the cabinet’s economic council was quoted as saying by Sun Online.

Adeeb – also chairman of the Special Economic Zones investment board – told the press last week that the central commercial port would be relocated from Malé to the industrial island of Thilafushi.

The envisioned free zone at Thilafushi port would include facilities for bulk breaking and transhipment cargo handling, he said, adding that the project would be divided into three phases with an estimated investment of between US$250 and US$300 million.

A larger port was essential logistically if 50 new resorts were to be developed, he continued, noting difficulties at present in importing and clearing resort supplies through the central port.

Economic Development Minister Mohamed Saeed said the Maldives was ripe for “an ocean economy” and the current administration has undertaken unprecedented efforts to diversify the economy with a focus of maritime businesses.

Congestion was a serious problem at the Malé commercial port, which has space for about 60,000 containers, Saeed explained.

“Due to the efficiency of the ports in Singapore and Dubai with an established efficient free trade zone, cargo from all over the world is being brought to these ports. It’s collected and then go to their destination. So merchants can get items even if they didn’t produce the cargo and it’s cheaper to bring things in bulk and redistribute,” Adeeb told local media after signing the MoU.

Photos by Economic Development Minister Mohamed Saeed 

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Three arrested with ten machetes in Malé

Police arrested three young men and confiscated ten machetes at 3:45am in Malé City’s Henveiru Ward last night.

According to a police statement, Specialist Operations (SO) Officers patrolling the area stopped the young men when they noticed suspicious behavior. The machetes were found nearby.

The three young men included two 19-year-olds and a 15-year-old minor.

The two 19-year-olds had been stopped and searched on numerous occasions previously, the police said.

Street violence is common amongst Malé City’s numerous gangs. On Sunday, a 25-year-old Bangladeshi worker was stabbed to death in the early hours of the morning in Mafaannu Ward.

On February 22, a 24-year-old was stabbed to death outside his home in Malé.

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