Day: March 29, 2015

Government sends out letters to international stakeholders with demonstrably false claims

Letters from the government to stakeholders in India as well as the UN High Commissioner for Human Rights concerning the trial and conviction of former President Mohamed Nasheed contains several demonstrably false claims.

An open letter dated March 19 – sent from the Maldives High Commission in India to major political actors – along with a letter from Foreign Minister Dunya Maumoon to the UN High Commissioner for Human Rights were recently leaked online and reported on by local media.

A ‘Timeline of key events in the trial’ in the letter to Indian stakeholders read: “On 23 February 2015, former President Nasheed was given the opportunity to appoint legal counsel, when he was presented before the judge of the Criminal Court for a procedural remand hearing in relation to the amended and re-filed charges.”

“His legal team was not present at this hearing because they had failed to register themselves as per Criminal Court regulations.”

The claim is false as Nasheed was arrested around 2:30pm on February 22 and brought to the Criminal Court for the first hearing of the terrorism trial at 4:00pm the next day, where charges were read out and he was given three days to appoint lawyers.

Nasheed’s lawyers held a press conference at noon on February 23, announcing they were unable to represent the opposition leader, as the Criminal Court had told them they should have registered two days in advance despite being unaware of the trial until the opposition leader’s arrest the previous day.

Moreover, while remand hearings take place within 24 hours of an arrest, Nasheed was brought to court after the 24-hour period lapsed.

At the same hearing, judges ruled Nasheed be held in a location determined by the Home Ministry until the end of the trial. He was subsequently held in police custody at the Dhoonidhoo Island Detention Center.

The High Commission’s letter also justified Criminal Court’s refusal to grant adequate time to prepare for defence stating the court “determined that all the relevant documents relevant for the defence had been issued as far back as mid-2012, and that no new evidence was being put forward by the state prosecutors.”

But Nasheed’s defence team quit half-way through the trial after they were unable to view documentary evidence submitted by the state as some evidence CDs were left blank or were dysfunctional.

“The court repeatedly reminded former President Nasheed to engage legal counsel or the bench would consider that he waived his right to counsel, but advised former President Nasheed that he could engage counsel at any time,” the High Commission’s letter stated.

However, in subsequent hearings, the court refused Nasheed’s repeated request for between ten and 15 days to appoint new counsel and concluded proceedings four days later.

“Rushed process”

Meanwhile, a letter from Foreign Minister Dunya Maumoon to UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein was also leaked online.

In a statement on March 18, the UN human rights chief said Nasheed was convicted after “a rushed process that appears to contravene the Maldives’ own laws and practices and international fair trial standards in a number of respects.”

Asserting the independence of the Prosecutor General and judiciary, Dunya insisted that criminal proceedings against Nasheed were fair, transparent and in accordance with the Constitution.

“I can therefore assure Your Excellency that the independence of the judiciary and the fairness of due legal process remain as sacrosanct in the case against [Nasheed] as they would for any other Maldivian citizen,” the letter stated.

“I can also further assure Your Excellency that the government of Maldives will continue to ensure the inviolability of a citizen’s right to a fair trial, insulated from political interference.”

Dunya also falsely claimed that Nasheed was presented before the Criminal Court on February 23 for a remand hearing.

“His legal team was not present at this hearing because none of them had registered their right of audience for the case,” the letter stated.

While the High Commissioner stated that Nasheed was “constrained from calling witnesses” and noted a conflict of interest as “judges in the case as well as the Prosecutor General were witnesses in the investigation,” Dunya claimed both points were “indeed incorrect.”

Dunya said Nasheed had called two of the presiding judges and the PG as witnesses for the defence.

“Mr Nasheed’s request was naturally overruled by the bench on the basis that these officials could not be called as witnesses on evidentiary rules of relevancy and probative value,” the letter stated.

The PG, and two of the three presiding judges were at Judge Abdulla’s home at the time of his arrest and had testified in a 2012 Human Rights Commission of the Maldives investigation. The PG’s case is built on the HRCM investigation.

Conspiracy

The government meanwhile denied a “conspiracy to unwarrantedly convict” Nasheed to prevent the opposition leader from contesting the 2018 presidential election.

In the open letter to stakeholders in India, the government also assured that Nasheed was “afforded a free and fair trial in full accordance with the Constitution and laws” contrary to “speculation and misrepresentation of facts” by the opposition Maldivian Democratic Party (MDP).

It suggested that Nasheed’s participation in the 2013 presidential election “amply proves there are no conspiracy theories to eliminate him from the political arena.”

The administration of President Abdulla Yameen could “neither interfere nor influence” any decision by the independent Prosecutor General or the judiciary, it added.

“The independence of the judiciary and the fairness of due legal process have been as sacrosanct in the case against former President Nasheed as they would have been for any other Maldivian citizen. The Maldives government will continue to ensure the inviolability of a citizen’s right to a fair trial, insulated from political interference,” reads the letter.

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Two Maldivians reported dead in Syria

Two Maldivians have died in the Syrian civil war this month, according to local media reports.

Abdulla Mohamed Didi, 38, from Addu City, died in a bombing in Syria’s Idlib on March 26, while Ahmed Munsiu, 28, from Fuvahmulah Island, died on March 18 in Syria, Haveeru Daily has reported.

Abdulla reportedly left to Syria via Malaysia three months ago, without informing his family. He was married with three children.

Speaking to Haveeru, Munsiu’s mother Rifath Ahmed said her son had gone to Syria with his wife, Suma Ali on February 22.

Rifath said the couple regularly communicated with her online, but since Munsiu’s death, she has not heard from Suma. However, she has heard Suma was in good health.

In February, local media reported a three-month-old Maldivian baby died in Syria after suffering from respiratory difficulties. The child’s mother attempted to travel back to Malé due to a lack of adequate medical facilities, but was prevented due to lack of cooperation from her husband, local media said.

Since the first reports of Maldivians travelling to ISIS-held territories for jihad surfaced last year, a steady stream of recruits have left the country, including couples and entire families.

The exact number of Maldivians who have traveled abroad for jihad remains unclear, but Commissioner of Police Hussein Waheed in early January estimated over 50 Maldivians could be fighting in foreign civil wars.

Waheed’s comments came after local media reported a dozen had traveled to Syria at the start of January.

Despite assurances that the activities of radicals are being monitored, the group said to have left in early January included a number of individuals known to police.

They included a suspect in the murder of MP Dr Afrasheem Ali, and an individual arrested over the disappearance of Minivan News journalist Ahmed Rilwan.

Since then, on February 1, a former cleric of Malé’s Indhira Gandhi Memorial Hospital and his wife reportedly left to ISIS-held territory in Syria for jihad.

In January, four would-be jihadis were apprehended in Malaysia, with media reporting that they were brought back to the Maldives and released after the authorities seized their passports. A similar group were returned from Sri Lanka in November.

In September 2014, online Jihadist group Bilad Al Sham Media (BASM) claimed four Maldivians had been killed in the Syrian civil war.

A BASM Facebook post that month said two Maldivian men identified as Abu Dujana and Abu Ibrahim had died in battle.

These reports followed similar stories in May 2014 when two Maldivians – who had taken the names of Abu Nuh and Abu Turab – were said to have been killed after travelling to Syria for jihad.

While the group claimed that Abu Dujana was the founder and editor of the BASM page, the group has not provided any information regarding his real identity, stating that this omission was at the request of his mother.

Local media had, however, identified Abu Dujana as Yameen Naeem of Georgia in the Maafannu ward of the capital Malé. It was reported that the man, in his early twenties, travelled to Syria after studying in Egypt.

On August 24, Islamic Minister Dr Mohamed Shaheem Ali Saeed said in a tweet “ISIS is an extremist group. No space will be given for their ideology and activities in the Maldives.” He has since urged Maldivians not to travel abroad for jihad.

Foreign Minister Dunya Maumoon on August 26 issued a press release condemning human rights abuses carried out by the IS and called for the respect of life and dignity in the spirit of Islam.

Subsequently, approximately 200 people carrying the ISIS flags marched in Malé calling for the implementation of the Islamic Shari’ah.

The opposition Maldivian Democratic Party has repeatedly questioned the government’s sincerity, alleging the government had failed to take concrete action against growing radicalism.

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Police, MNDF launch joint security operation after fatal stabbing

The Maldives Police Service (MPS) and Maldives National Defence Force (MNDF) have launched a joint security operation following the fatal stabbing of a 29-year-old man in Malé last night.

A police media official told Minivan News that the victim – identified as Nooru Adam Hassanfulhu – was stabbed near Indira Gandhi Memorial Hospital (IGMH) at around 1:30am. He died while undergoing emergency treatment around 3:25am.

Local media reported eyewitnesses as saying that Adam was stabbed in the neck and ribs by two men who drove by on a motorcycle.

In a separate incident, a 23-year-old man was assaulted around 11:45pm near the Euro Store on Chandhanee Magu.

Police said the victim was released last night after treatment at IGMH.

“No arrests have been made so far related to last night’s stabbings. However, the investigation team has started investigating all of the stabbings,” said the media official.

The fatal stabbing last night follows a spike in violence against expatriates last week that saw two Bangladeshis murdered and four expatriates stabbed.

Adam’s death marked the fifth murder this year. A 23-year-old was stabbed to death outside his home in the Henveiru ward of Malé on February 21, whilst a 29-year-old was killed in Laamu Mundoo on March 20.

The MNDF meanwhile announced today that soldiers would be assisting the police in a special operation launched tonight to ensure peace and security in Malé and other regions across the country.

The security operation – launched at 6:00pm – involves checking vehicles at land, conducting inspections of vessels at sea, and stopping and searching individuals, MNDF said.

After expressing concern over the deteriorating security situation in capital Malé, the home ministry last night cancelled the annual Earth Hour activities.

The ministry asked the public not to switch off lights and cancelled two music shows.

The Ministry of Economic Development meanwhile changed the closing time of shops and restaurants to 10:00pm and 12:00am, respectively.

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Nasheed to sue four Criminal Court judges for defamation

Former President Mohamed Nasheed has decided to sue Criminal Chief Judge Abdulla Mohamed along with the three judges who presided over his terrorism trial for defamation.

In a press release today, the opposition leader’s legal team accused the Criminal Court of falsely claiming in the media on Thursday night (March 26) that it would release the full court report required for the High Court appeal as Nasheed had signed the transcripts.

However, the Criminal Court has yet to provide transcripts despite the legal team’s March 15 letter requesting the full case report. The court has made no move to get Nasheed to sign the transcripts, they added.

The Criminal Court found Nasheed guilty of terrorism on March 13 over the military detention of Judge Abdulla in January 2012. Many international and domestic observers have expressed concern over the rushed trial, claiming it was marred by major irregularities including the court’s refusal to call defence witnesses.

Nasheed’s lawyers and supporters last week urged the Criminal Court to release a report of case proceedings, but the court had previously blamed the delay in issuing the full report on Nasheed and his lawyers’ alleged refusal to sign statements made during court hearings.

In today’s press release, lawyers said the court had showed Nasheed a transcript of proceedings from the first hearing of the trial, but the former president refused to sign it as it did not accurately represent his statements at court.

“President Mohamed Nasheed requested amending the document by including what he said at court. But the Criminal Court has not done so to date,” lawyers explained.

The court attempted to get Nasheed to sign the transcripts on March 13, the press release continued, but Nasheed told the court officer he would sign it in the presence of his lawyers.

“The Criminal Court has been repeatedly saying that the report has been provided to us because President Nasheed has not signed it. However, the court has not made any attempt to get President Nasheed’s signature on the statements that should be included in the report,” the press release added.

The court’s subsequent claim last Thursday night that Nasheed has signed the report was therefore “a blatant lie.”

“Therefore, President Nasheed has decided to file a defamation suit at the Civil Court against Criminal Court Chief Judge Abdulla Mohamed and the three judges who presided over the case,” the press release stated.

The three judges are Judges Abdul Bari Yoosuf, Abdulla Didi and Sujau Usman.

Nasheed’s lawyers on March 26 announced the opposition leader would not seek an appeal at the High Court, stating he believed there was no opportunity for justice due to executive control of the judiciary.

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Anti Corruption watchdog suspends government’s flagship loan scheme

The Anti-Corruption Commission (ACC) today suspended President Abdulla Yameen’s flagship loan scheme, Get Set, after receiving a complaint alleging corruption.

The ACC declined to reveal additional details.

Minister of Youth and Sports Mohamed Maleeh Jamal insisted the youth entrepreneurial loan scheme was transparent and pledged to cooperate with the investigation.

“We do not have anything to hide. It is being carried out much more transparently than that. We have given all the information ACC wants, including copies of files of the mark sheets,” Maleeh told local media.

Get set program was originally launched by president Yameen’s government to help young businessmen with establishing and starting up of their businesses.

The Get Set Program offers loans between MVR 300,000 ($19,506) to MVR 800,000 ($52015.61), to Maldivian entrepreneurs between 18-35 years of age. The deadline for submission was February 28.

The Ministry of Youth previously reported it had received 570 applications and had shortlisted 107. These will be sent to the Get Set programme board, who will determine the final recipients.

“The forms have not been forwarded to the Get Set board yet. They are still with a preliminary technical committee. The members of the committee are very knowledgeable and carrying out their task very well and very transparently. The committee also includes an observer from the UNDP. We the guarantee you there is no space for corruption,” Maleeh said.

The ACC has said it will complete the investigation as soon as possible.

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Calls grow for President Yameen to intervene, resolve political crisis

Following imprisoned former President Mohamed Nasheed’s decision not to seek an appeal, the Maldivian Democracy Network has called on President Abdulla Yameen to intervene and resolve Maldives’ deepening political crisis.

Nasheed, convicted of terrorism and sentenced to 13 years in jail, said he desired a political solution, claiming the judiciary is under executive control and could not assure a fair appeal process.

Hence, “the only state power with the capacity to act equitably on the matter is the President,” MDN said in a statement today.

“We believe President Yameen must take immediate action in light of the manner in which the criminal proceedings were held, with a view to bring an end to the continued civil unrest in the country,” the human rights advocacy group said.

Hundreds have been arrested in opposition protests and police have threatened a crackdown claiming protesters were disrupting local businesses and inciting violence against the police.

Meanwhile, the Elections Commission has fined Nasheed’s Maldivian Democratic Party (MDP) and its ally Adhaalath Party (AP) with MVR 47,000 and MVR 33,000, respectively.

The MDP and former ruling coalition partner Jumhooree Party (JP) first began daily protests on February 10, against President Yameen’s alleged constitutional breaches. Former Defence Minister Mohamed Nazim and Nasheed were subsequently arrested and brought swiftly to trial over weapons smuggling and terrorism, respectively.

Over 10,000 protesters took to the streets on February 27 calling for President Yameen’s resignation.

The government meanwhile ordered JP Leader Gasim Ibrahim’s Villa Group to pay US$100 million in unpaid rents and fines by March 30 on properties leased for resort development.

On March 17, AP withdrew support for Yameen’s administration and joined the MDP in an alliance against brutality. Opposition protests are now entering a seventh consecutive week.

Nasheed was sentenced on March 13 and Nazim was sentenced to 11 years in jail on March 26.

Explaining Nasheed’s decision not to seek an appeal, lawyer Hisaan Hussein on March 26 said: “As a former President, he is certain the judiciary is not independent, that President Yameen has full control over the judiciary. He is certain he will not gain a fair appeal.”

The Criminal Court’s decision to deny Nasheed legal representation, refusal to call defence witnesses, and refusal to provide adequate time to prepare defence demonstrates the former president would not be assured a fair appeal at the High Court, lawyers said.

High Court judges are “under pressure,” Hisaan said, noting the judiciary had not yet decided which judges were to be relocated to the regional courts in the north and south.

According to a December 2014 amendment to the Judicature Act, pushed through by the ruling Progressive Party of the Maldives (PPM), the nine-judge High Court bench is to be divided into three branches. Only the central branch in Malé could hear matters relating to the interpretation of laws or elections. The regional branches are to only hear appeals.

Hisaan said Nasheed believed the allocation of judges depended on the outcome of his appeal.

“There will be no justice in any of the appeal processes,” she said.

MDP Chairperson Ali Waheed on Thursday called on Yameen to show leadership as head of state and pardon Nasheed.

“I call on you, President Abdulla Yameen to use your presidential powers and pardon the opposition leader, pardon him and end this political turmoil,” he said.

Article 29(c) of the Clemency Act states that the President has the discretion, on his own initiative, to commute a sentence of a person convicted on a criminal offence, with regards to their age, health, their status or circumstances or based on a humanitarian perspective.

The President’s Office spokesperson, the Attorney General and the PPM parliamentary group leader were not responding to calls.

President Yameen has previously said the government could neither interfere nor influence the decisions of the judiciary.

The UN Special Rapporteur on Independence of Judges and Lawyers Gabriela Knaul said the trial made a “mockery” of the Maldives Constitution and said: “The speed of proceedings combined with the lack of fairness in the procedures lead me to believe the outcome of the trial may have been pre-determined.”

Meanwhile, the UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein said the trial was “hasty and apparently unfair” and urged Nasheed be given adequate time to prepare and present his defence during the appeal process.

Foreign Minister Dunya Maumoon has since invited the United Nations Secretary General, the Commonwealth, Office of the High Commissioner for Human Rights, and the EU to send experts to observe Nasheed’s appeal process.

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Bangladeshi High Commission sets up 24 hour helpline for migrant workers

The Bangladeshi High Commission in Malé has opened a 24-hour help line for Bangladeshi migrant workers in the Maldives.

The helpline (number: +960 332 0859) was established after migrant workers in Malé called for a protest on Friday following a spate of violence against migrant workers. Two Bangladeshi nationals were killed and at least four were stabbed in Malé.

Shaheen Mia, 25, was stabbed to death in a café in Maafannu ward on March 22, while another, identified as Bilal, was found dead, possibly strangled to death on Alif Alif Thoddoo Island the next day.

The protest was called off after the Department of Immigration threatened to cancel visas.

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Sheikh Mohamed Didi resigns from Ministry of Islamic Affairs

State Minister for Islamic Affairs Sheikh Mohamed Didi resigned from the government on Saturday.

Didi, a member of religious Adhaalath Party’s (AP) consultative council, said he resigned to respect the party’s March 17 decision to withdraw support for President Abdulla Yameen’s administration.

Speaking to the media on Thursday, Didi said the religious conservative party had unconditionally backed Yameen during the 2013 presidential polls with immense hope, but the president had only shown “brutality” towards citizens.

Didi accused the government of jailing opposition politicians, claiming the illegal weapons charge against former Defence Minister Mohamed Nazim was fabricated. He said his attempts at resolving issues within the government were unsuccessful, and said he would now join the opposition’s activities.

The Adhaalath Party has allied with its former rival, opposition Maldivian Democratic Party (MDP), under the banner “Alliance Against Brutality” and called on President Yameen to free imprisoned former President Mohamed Nasheed and former Defence Minister Nazim.

AP member and Deputy Minister for Law and Gender Shidhatha Shareef also resigned from the government on March 22.

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Nazim unfairly sentenced after an investigation and trial “rigged with irregularities,” says MDP

The Maldivian Democratic Party (MDP) has condemned in the “strongest terms” the sentencing of former Defence Minister Mohamed Nazim to 11 years in jail.

The Criminal Court on March 26 found Nazim guilty of smuggling weapons. Denying the accusation, Nazim had said the weapons were planted at his home by rogue officers on the orders of Tourism Minister Ahmed Adeeb.

Both the police and the Tourism Minister have dismissed Nazim’s claims as baseless and untrue.

The MDP said Nazim was sentenced in an investigation and a trial “rigged with irregularities.”

“Despite the state not being able to disprove the contradictions in testimony given by state witnesses and the irregularities in the Police investigation raised by the defence, the court sentenced Col. (Rtd) Nazim to 11 years in jail,” the party said in a statement today.

The MDP noted the Criminal Court did allow Nazim’s legal team to call the majority of defence witnesses on the claim they would “not negate” the prosecution’s evidence.

The opposition party also said the court had refused to address the “blatant irregularities” evident in the Maldives Police Service’s investigation of the case, ranging from the initial warrant to search the former Defence Minister’s residence, to the chain of custody process in relation to the weapons that were supposedly found in his apartment.

The statement also noted the “unlawful” trial was presided over by the same three judges who sentenced former President Mohamed Nasheed to 13 years in jail on terrorism charges on March 13.

“The sentences against President Mohamed Nasheed and Col. (Rtd) Nazim, arrests of over 120 people, including MPs and media, and the sending of 90 cases for prosecution against people detained from peaceful protests highlight the politicisation of the entire criminal justice system,” the MDP said.

‘There is no separation between the Government and the Judiciary in the pursuit of their political objectives. Their attempts to eliminate their political opponents through politically motivated charges and sham trials do not contain even a veneer of due process,” said MDP Spokesperson Hamid Abdul Ghafoor.

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