Month: March 2015

Hulhumalé doctor found dead

Anesthesiologist at Hulhumale’ Hospital, Dr Carain Zalyan, has been found dead at her home.

According to local media, the Russian national’s husband Dr. Go found her collapsed near her bed on Saturday. He had gone home to find her when she failed to answer calls.

Dr Go also works at the Hulhumalé Hospital. The hospital has declined to comment on the case.

The Maldives Police Services has been informed of the death.

The causes of Dr Zalyan’s death remain unclear.

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Police dismiss reporters’ terror claim against Criminal Court

The Maldives Police Services has rejected a complaint filed by three journalists alleging the Criminal Court had abducted them inside the Justice Building on Friday night (March 13).

The journalists from CNM, state broadcaster Television Maldives (TVM) and Avas said court clerks refused repeated requests to let them out of the building to inform their readers of the outcome of a 9:15pm hearing in former President Mohamed Nasheed’s terrorism trial.

All trial observers and journalists were held for nearly two hours inside the building after the initial hearing, as judges deliberated on a verdict.  They were not allowed to use their phones or communicate with the reporters gathered outside.

Journalists and observers had not previously been informed a verdict would be delivered on the same night.

When Mohamed Afsal, Misbah Abbas and Muizz Ibrahim reiterated requests to be allowed to leave the courthouse, court officials refused to allow them outside or inside the courtroom for the verdict later. The three were held in the waiting area until the verdict was delivered.

The journalists accused the Criminal Court of kidnapping and terrorism.

However, police dismissed the case stating they do not have the jurisdiction to investigate the case, and recommended the complaint be filed at the Judicial Services Commission instead.

The Criminal Court had previously barred opposition aligned Rajje TV journalists from attending court proceedings, claiming a journalist from the private broadcaster had threatened Judge Abdul Bari Yoosuf, one of the three judges who presided over Nasheed’s trial.

The station has denied the court’s claims.

 

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MDP to launch national civil disobedience campaign to free Nasheed

The opposition Maldivian Democratic Party (MDP) has decided to launch a national civil disobedience campaign to free imprisoned leader, former President Mohamed Nasheed.

A resolution passed at an MDP national council meeting declared the party does not accept the Criminal Court’s 13-year jail term against Nasheed for his role in the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

The terrorism conviction effectively bars Nasheed from presidential elections in 2018.

“The MDP resolves to free President Mohamed Nasheed from this government’s injustice, to do all necessary to stop the persecution of other politicians, to involve other political parties and other supporters in our work as extensively as possible, to launch a national civil disobedience movement, to reform judiciary and ensure judicial independence, to launch protests and organise petitions, and to accept Nasheed’s last appeal and establish a people’s government,” the resolution said.

Nasheed had called on supporters to confront President Abdulla Yameen’s “dictatorial regime” and “to take all of your lives in your hands and to go out onto the streets in protest.”

Speaking at the council meeting, MDP council members called for targeted boycotts against pro-government resorts and businesses and urged mass protests in Malé.

Nasheed will remain the party’s president and 2018 presidential candidate, MP for Galholhu North MP Eva Abdulla said.

“We, all of us together, we don’t have the sort of courage Mohamed Nasheed does. But we have learnt to take heart from his courage. That is why I say, don’t you dare think we will take a step back,” she said.

Pointing to several irregularities in the trial, MDP council members declared they would not accept the guilty verdict, and called on supporters to have courage.

“I am eight months pregnant, yet I am determined to continue this fight for justice for President Nasheed and Maldivian citizens. If I have the courage, so does every single MDP member,” said Nasheed’s lawyer Hisaan Hussein.

Hisaan at MDP National Committee

Democracy is won through long hard struggles, many council members noted.

“We must remember, history is rife with such atrocities. Authoritarian rulers, in our neighboring India, Mahatma Gandhi, in South Africa, Mandela, sentenced them to long years in jail in an attempt to destroy their political careers. But ultimately, they came out national heroes,” MP and former Speaker Abdulla Shahid said.

After the meeting, council members led hundreds of supporters in a march through Malé, calling for Nasheed’s release.

When the march ended at approximately 12:30am, hundreds of young men continued calling for Nasheed’s freedom on foot and on motorbikes.

Ali Waheed at protest

Six protesters were arrested last night, the Maldives Police Services said.

In the wake of the Criminal Court sentencing the opposition leader to 13 years in jail on Friday night (March 13), the United States, United Kingdom and the European Union expressed concern with the lack of due process, while Amnesty International said Nasheed’s conviction “after a deeply flawed and politically motivated trial is a travesty of justice.”

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

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

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

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

Related to this story

Respect Criminal Court verdict, says President Yameen

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

Government will ensure Nasheed’s right to appeal conviction, says spokesperson

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

Nasheed trial “not free or fair,” says Maldivian Democracy Network

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

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PPM condemns statement by British MP Fiona Bruce

The ruling Progressive Party of Maldives (PPM) has condemned a statement issued by British MP Fiona Bruce, chairperson of the Conservative Party Human Rights Commission, in which she urged the international community to consider imposing sanctions on senior Maldivian government officials.

Bruce had called the terrorism trial of former President Mohamed Nasheed a “grotesque travesty of justice.”

Referring to Bruce calling Nasheed “a champion of non-violent, peaceful democracy,” the PPM claimed in a statement released in English last week that the former president had “resorted to violent, unlawful, unconstitutional and undemocratic methods during his regime from 2008 to 2012, including the unlawful ‘abduction and isolation’ of the Criminal Court Chief Judge in 2012.”

“We are further baffled by her baseless allegation that Nasheed was ‘physically mistreated while in custody,'” the statement read.

“We would like to emphasise that he has been fully accorded his rights in line with the constitution and the laws of the Maldives.

“If Chairperson Bruce wants to adhere to her unfounded accusations, we urge her to show proof of any ‘physical mistreatment’ of Nasheed while in custody, not ‘bandwagon’ without basic ‘fact checks.’ We also wish to tell her that, according to the constitution, the government cannot drop the charges against Nasheed, or anyone else.”

The statement added that Nasheed had succeeded former President Maumoon Abdul Gayoom – the PPM’s leader – “who had ushered in modern liberal democracy in the Maldives, in addition to transforming the country from one of the poorest five countries in the world to a flourishing economy with the highest per capita income in the whole of South Asia.”

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Rule of law, human rights “severely damaged” by Nasheed conviction, says MDN

The rule of law and human rights in the Maldives have been “severely damaged” by the Criminal Court’s sentencing of former President Mohamed Nasheed to 13 years in prison on terrorism charges, NGO Maldivian Democracy Network (MDN) has said.

In a press release yesterday, MDN Executive Director Shahindha Ismail noted that Nasheed was denied legal representation despite repeated requests in every since hearing since March 9 when his legal team quit in protest of the court’s refusal to grant sufficient time to study the prosecution’s evidence and mount a defence.

“Should Nasheed appeal this decision, we strongly urge the higher courts to ensure that the blatant contraventions of human rights and fair trial standards by the Criminal Court are not condoned or accepted,” said Shahindha.

“We urge the Judiciary, together with other relevant institutions, including the Human Rights Commission of Maldives and the Parliament, to act immediately to stop the backslide in the rule of law and human rights in Maldives, which has been severely damaged by yesterday’s verdict.”

She also pointed to several instances when judges answered for the prosecution and state witnesses during cross examination.

Moreover, MDN noted that the three-judge Criminal Court panel ruled that two of the judges did not have a conflict of interest in presiding over the case despite having provided witness statements during the investigation.

Nasheed was accused of ordering the military to arrest Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Shahindha meanwhole noted that two of the judges who refused to recuse themselves were “allegedly involved in the incident for which Nasheed was charged, and have been among the witnesses requested by Nasheed,” adding that Nasheed was also denied admission of witnesses to counter the prosecution’s case.

“The right to freedom of expression and media freedom, as well as the right to freedom of peaceful assembly, have also been suppressed in the context of the persecution of Nasheed,” MDN noted.

“On 8 March 2015, Rajje TV journalists were arrested and forced to delete the video footage after they videotaped an alleged meeting at a café in Malé between a presiding judge in the trial and the Prosecutor General. Key media outlets were also denied access to the courtroom during Nasheed’s trial. Over 50 Nasheed’s supporters have been arrested for protesting against the arrest and trial of Nasheed since his arrest on 22 February 2015. Many of them were released by the court on the condition that they do not attend a protest or rally for 60 days.”

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Respect Criminal Court verdict, says President Yameen

President Abdulla Yameen has called on all parties to respect the Criminal Court’s verdict against former President Mohamed Nasheed.

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

“The government calls on its international partners to engage constructively, based on mutual respect and dialogue in consolidating and strengthening democratic values and institutions in the country,” reads the brief statement.

“The government remains steadfast in ensuring the separation of powers as stipulated under the Maldivian constitution and upholding the rule of law in the country.”

In the wake of the Criminal Court sentencing the opposition leader to 13 years in jail on Friday night (March 13), the United States, United Kingdom and the European Union expressed concern with the lack of due process, while Amnesty International said Nasheed’s conviction “after a deeply flawed and politically motivated trial is a travesty of justice.”

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

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

However, President’s Office Spokesperson Ibrahim Muaz Ali told Minivan News yesterday that he believed the Criminal Court “would have afforded due process in the conduct of Nasheed’s trial.”

“If you study this case, from the beginning to the end, it is clear the charges are not politically motivated,” Muaz insisted.

President Yameen as head of state could not “interfere in judicial proceedings and is not to blame for court proceedings,” he said.

Intervention

Commonwealth Secretary-General Kamalesh Sharma released a statement yesterday noting that the intergovernmental organisation would continue to closely follow the judicial process after the verdict.

The Commonwealth urged restraint and advised peaceful resolution of “differences of view” through dialogue.

“The Foreign Minister of Maldives, Hon Dunya Maumoon, has made recent public comments welcoming constructive and close dialogue with international organisations,” the statement read.

The Commonwealth assured its commitment to working with the Maldives to address issues of concern.

“All societies should have the space and opportunity for dialogue in order to ensure that universally shared values are advanced, and to create a stable and harmonious future,” the statement continued.

“All societies should also have national institutions that enjoy the confidence, trust and respect of the people they serve. The Commonwealth is committed to offering practical support in a collaborative partnership to achieve these goals in an enduring way.”

The Asian Centre for Human Rights (ACHR) has meanwhile called on the UN to hold an emergency session on the situation in the Maldives.

The ACHR “urged the members of the UN Security Council to take necessary measures to seize assets and freeze accounts of President of Maldives Mr Abdulla Yameen, Foreign Minister Dunya Maumoon, Prosecutor General Muhthaz Muhsin and the three judges overseeing Nasheed’s trial i.e. Abdulla Didi, Abdul Bari Yoousuf and Sujau Usman and other key officials of the regime, impose travel restrictions and trade embargo, and withhold financial assistance and technical cooperation to the Maldives until the release of Nasheed.”

“The trial is a travesty of justice – Judge [Abdulla Mohamed] who claims himself to have been illegally detained for which former President Nasheed was charged under terrorism charges still heads the Criminal Court trying Nasheed and effectively allowed his deputy, Judge Abdulla Didi, to convict Nasheed in a kangaroo trial. If the United Nations and international community fail to intervene now, democracy may never return to the Maldives,” said ACHR Director Suhas Chakma.

The Asian Forum for Human Rights and Development (Forum-Asia) also condemned the verdict and noted that Nasheed was “never investigated for the fresh charges of terrorism before trial.”

“The trial of Nasheed was riddled with numerous violations of basic human rights and fair trial standards, and his conviction must be condemned. This is a clear case of political persecution and therefore the verdict is not surprising, considering the manner in which the court has conducted the trial,” said Forum-Asia Executive Director Evelyn Balais-Serrano.

Related to this story

Democracy Network alerts UN Special Rapporteur on Independence of Judges on Nasheed’s sham trial

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

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

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

Nasheed trial “not free or fair,” says Maldivian Democracy Network

Former President Nasheed appears in court with arm in makeshift sling

 

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Democracy Network alerts Special Rapporteur on Independence of Judges on Nasheed’s sham trial

Human Rights group Maldivian Democracy Network (MDN) has urged the UN Special Rapporteur on the Independence of Judges and Lawyers to investigate the jailing of former President Mohamed Nasheed on terrorism charges.

The “independence of the judiciary has been lost,” MDN said in a letter to Gabriela Knaul, stating President Abdulla Yameen was using the judiciary as a tool to “oppress the opposition.”

“We fear that without timely intervention, the country will complete its slide back to autocracy. We strongly urge you to investigate the matter further and issue a public statement denouncing this flagrant abuse of rights being perpetuated through the Maldives’ judiciary,” the letter read.

MDN called upon the international community to take serious measures to prevent further human rights violations at the “helm of a corrupt judiciary.”

The former president was convicted of terrorism and sentenced to 13 years in prison last night (March 13) over the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

Nasheed’s administration detained Judge Abdulla after deeming him a national security threat. Then- Home Minister Hassan Afeef accused the judge of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights and corruption cases.

Delivering the guilty verdict last night, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed ordered the chief judge’s arrest or “forceful abduction.”

The NGO described the trial as a “political tool designed to disqualify him from contesting future elections and silence his voice of political opposition,” noting that the trial took place at an “uncharacteristically extreme speed.”

“The systematic procedural irregularities in the current proceedings demonstrate that the current charges against Nasheed are a continuation of the same campaign to disqualify him from political office and effectively silence his political dissent in the Maldives, using a corrupt and biased judicial system to realise this goal,” said MDN.

All four of Nasheed’s lawyers quit on March 9 in protest of the Criminal Court’s refusal to grant sufficient time to examine the prosecution’s evidence and mount a defence.

The presiding judges had denied the lawyers’ request for adequate time, stating the legal team has had the case documents for three years.

Meanwhile, the Human Rights Commission of the Maldives (HRCM) said today Nasheed “was denied fundamental rights which guarantee a fair trial by the constitution, and some rights granted by the International Covenant on Civil and Political Rights.”

HRCM noted that the Criminal Court denied requests made by the commission to observe trials.

Advocacy group Transparency Maldives (TM) also expressed “grave concern” on the guilty verdict, stressing Nasheed was denied legal representation, right to appeal and adequate time to build a defence against new terror charges.

TM also noted that the “serious issues of conflict of interest were prevalent in the case” with two of the three judges presiding over the case having provided statements during the investigation.

“These procedural irregularities raise serious questions about the fairness, transparency and independence of the judicial process followed and the provision of the accused’s inalienable right to a fair trial,” read a TM statement today.

TM called upon state actors to “uphold democratic principles and international conventions”, while urging the public and law enforcement agencies to “exercise restraint and calm in order to mitigate further deterioration of the security situation in the Maldives.”

Knaul had previously expressed concern over lack of due process in a 2012 trial in which Nasheed had been charged with “arbitrarily detaining” Judge Abdulla at the Hulhumalé Magistrate Court.

Knaul questioned the constitutionality of the magistrate court and the appointment of the three-judge panel, “which seems to have been set up in arbitrary manner, without following procedures set by law.”

“It is indeed difficult to understand why one former President is being tired for an act he took outside his prerogative, while another has not had to answer for any of the alleged human rights violations documented over the years,” wrote Knaul, in her report to the UN Human Rights council following her mission in Maldives in February 2013.

Prosecutor General Muhthaz Muhsin in February withdrew the lesser charges and re-prosecuted Nasheed on harsher terror charges.

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

Related to this story

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

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

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

Nasheed trial “not free or fair,” says Maldivian Democracy Network

Former President Nasheed appears in court with arm in makeshift sling

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President Yameen launches independence golden jubilee celebrations with music show

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President Abdulla Yameen launched independence golden jubilee celebrations on Thursday night (March 12) with the ‘Sarindha’ music show.

According to the President’s Office, President Yameen inaugurated the show “by releasing 50 helium balloons tied to the Maldivian national flag and the Independent 50 banner.”

The show was organised by the home ministry and took place at the Henveiru stadium in Malé with free entrance.

The home ministry is planning numerous activities to celebrate the 50th anniversary of independence on July 26.

 

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Nasheed wishes mercy for his jailers: “In this time of profound injustice, I harbour no hatred.”

Former President Mohamed Nasheed, sentenced to 13 years in jail in a trial many observers have called a travesty of justice, has issued a statement wishing mercy on his jailers.

“In this time of profound injustice, I harbour no hatred. And to those who seek to destroy me, I say: I wish upon you good grace and blessings,” the opposition leader said last night.

Nasheed was convicted of ordering the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

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

The Criminal Court denied Nasheed bail on February 23 at a first hearing without legal representation. The three-judge panel at subsequent hearings dismissed Nasheed’s repeated requests for additional time to prepare a defence and refused to call the defence’s witnesses claiming they do not appear to negate the prosecution’s evidence.

The three-judge panel also included two judges who had acted as witnesses in an earlier investigation into Judge Abdulla’s arrest.

In his statement, Nasheed called for mass protests against President Abdulla Yameen’s regime and appealed to supporters to remain courageous and strong.

“The Maldivian judiciary is full of corruption and disgrace. Judges are routinely accepting the vile money of bribery. These judges have no fear of the day of judgment, and no shame in this world. The consequence of their actions is injustice to the public and the thwarting of this country’s development,” the former president said.

Nasheed was the Maldives’ first democratically elected president.

“Why am I calling for such a sacrifice? Know this for sure: it is not for my own well being . I am not staying in jail, a captive, because I have no way out. I could easily secure my freedom and happiness by agreeing to stop the work I am doing, and falling at President Yameen’s feet. I could choose to live in riches, in comfort, and in joy. But if I choose that path, Maldivians will reach a tragic end. Maldivians will be deprived of what they rightfully deserve: freedom, dignity and democracy. They will never be allowed to stand tall. Forever, they will be forced to cower before this dictatorial regime.

Judge Abdulla’s arrest sparked 22 consecutive nights of violent anti-government demonstrations that culminated in a police and military mutiny on the morning of February 7, 2012, forcing Nasheed to resign in what he subsequently called a “coup d’etat.”

Delivering the guilty verdict, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed as commander-in-chief ordered the arrest or “forceful abduction” of Judge Abdulla.

When provided with the opportunity to present concluding statements at an initial hearing at 9:15pm, Nasheed once again asked for legal counsel and additional time.

“My incarceration in Dhoonidhoo Jail prevents me from communicating with my lawyers. They are unable to provide me with the legal counsel I require. They were not provided with the prosecution’s evidence for review, adequate means for communication, or internet services. There were no arrangements for us to sit together to prepare legal documents,” he told the court.

“My lawyers quit, because they were unable to afford me the legal counsel necessary for a free and fair trial. They quit stating that the three of you judges are unjust in how you conduct this trial. In this situation, I am unable to prepare concluding statements. I can only prepare such a statement only when I am freed from this situation, if I am transferred to Malé and given sufficient time for preparation.”

However, reading out the guilty verdict at 11:15pm, presiding Judge Abdulla Didi insisted Nasheed had been afforded adequate to prepare defence, arguing case documents had been provided three years ago when the former president was initially charged.

Nasheed was first charged in 2012 with arbitrary detention under article 81 of the penal code, which carries either banishment or a jail term of up to three years.

On February 15, Prosecutor General Muhthaz Muhsin withdrew the charges filed at the Hulhumalé Magistrate Court. Nasheed was arrested on February 22 shortly after the PG filed terrorism charges at the Criminal Court.

Judge Didi also said Nasheed had refused to make use of a phone call to appoint new lawyers when all four of his lawyers quit.

President’s Office Spokesperson Ibrahim Muaz Ali today said the government will ensure former President Mohamed Nasheed’s right to appeal his conviction on terrorism charges if he believes the Criminal Court did not follow due process.

Related to this story

Government will ensure Nasheed’s right to appeal conviction, says spokesperson

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

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

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