Month: March 2015

Tholhath offered Judge Abdulla relocation to the UK, says witness

Former Defence Minister Tholhath Ibrahim Kaleyfaanu offered Criminal Court Judge Abdulla Mohamed and his family relocation to the United Kingdom after he was detained by the military in January 2012, a witness told the Criminal Court today

Tholhath is accused of executing “Operation Liberty Shield” which saw the military arrest of Judge Abdulla on January 16, 2012. If convicted of terrorism, the former Defence Minister faces a jail term or banishment between 10 and 15 years.

At today’s hearing, Maldives National Defence Force (MNDF) psychologist Aishath Zeena said Tholhath had appointed her as Judge Abdulla’s personal psychologist while he was held at the military training island on Girifushi.

“I got a text from Tholhath’s phone asking to pass a message to the judge. He wanted me to tell the judge that he could go to the UK with his family,” Zeena said.

Tholhath had phoned her several times during the judge’s detention to check on him, she said. When Zeena passed on Tholhath’s message to Judge Abdulla, they had a conversation about the offer, but she said she could not recall details now.

“Abdulla spoke a lot every time we met. When I passed him Tholhath’s message, we spoke about that, too. But I can’t recall the conversation now,” she explained to the three judge bench presiding over the case.

Former President 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.

However, a 2012 Human Rights Commission of the Maldives investigation dismissed the government’s claim Judge Abdulla posed a threat to national security on the grounds the National Security Council had not had a meeting prior to the judge’s arrest.

In addition to Tholhath, former President Nasheed, current Defence Minister Moosa Ali Jaleel who was the chief of defence force at the time, ex-Male’ area MNDF commander and MP Ibrahim Didi and ex-colonel Mohamed Ziyad are also standing trial for terrorism over Judge Abdulla’s arrest.

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.”

At today’s hearing, then Vice Chief of Defence Forces Farhath Shareer said Tholhath had met with senior officers of the military and discussed assisting police in a matter of national security.

“He [Tholhath] said that MNDF might have to arrest a civilian in the process. We gave our professional opinion to him. Almost all the officers in the meeting disagreed on the matter. We said the situation where military could arrest civilians is not present,” he said.

Farhath said he was not involved in the mission to detain Judge Abdulla, and only found about it after media reports of the arrest.

“I was not involved in the mission and I don’t know if Tholhath had carried out the orders to execute it,” he said.

Several opposition supporters gathered near the court today ahead of the hearing, calling on the government to release President Nasheed. The opposition leader is held at Dhoonidhoo Island Detention Center pending the outcome of the trial. Protesters held posters with Nasheed’s image and heckled Tholhath as he went inside the court building.

At a previous hearing Chief of Defence Forces Major General Ahmed Shiyam said President Nasheed and Tholhath must take responsibility for the judge’s detention.

Tholhath, in a meeting with MNDF officers following the arrest, had said he would bear responsibility for the judge’s arrest even if he were to be jailed for forty years, Shiyam said.

Related to this story

Chief of Defense Forces testifies in Nasheed, Tholhath terrorism trials

Tholhath vowed not to release Judge Abdulla even if he were to be jailed for 30 years, says witness

Former President Nasheed arrives in court with arm in makeshift sling

Nasheed “highest authority liable” for Judge Abdulla detention: HRCM

Chief Judge “took entire criminal justice system in his fist”: Afeef

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Foreigners cannot meddle in domestic affairs, declares President Yameen

Foreigners will not be allowed to meddle in domestic affairs of the Maldives, President Abdulla Yameen has declared, slamming opposition politicians for seeking foreign interference.

Addressing youth supporters Sunday night at a private function in Citron Restaurant – reportedly organised by First Lady Fathmath Ibrahim – President Yameen said foreigners could not come to the country to “settle our affairs” as the Maldives was a member of the UN family with the same rights and independence as any other nation.

“We wouldn’t want foreigners from different countries coming here to criticise what we do and telling us what to do. So that is not something we will give any room for,” Yameen is heard saying in a recording obtained by Minivan News.

“So in the work we’re doing in the Maldives we will try to do things in accordance with our laws and Islamic principles. And if the consequence of that is people from distant nations finding it unacceptable, that is their problem. That is their problem. But we are not going to give up an inch of our country’s sovereignty to foreign parties.”

Photo from social media

Yameen’s remarks come amidst a political crisis and anti-government demonstrations sparked by the arrest and prosecution of both former President Mohamed Nasheed and former Defence Minister Mohamed Nazim on terrorism charges.

Last month, Foreign Minister Dunya Maumoon hit back at statements issued by the UN, EU, India, Canada, and the Commonwealth expressing concern with the arrest and trial of the opposition leader.

“The Government of President Abdulla Yameen Abdul Gayoom will not take instructions from a foreign government on any issue in governing the country,” she said in a statement.

Yameen meanwhile said protesting on the streets was not a right reserved to the opposition and warned them not to consider the government’s “compassion and patience” as weakness.

“Do not believe at all that it is our weakness when we don’t act or take up problems seriously. It is because we love the Maldivian people. We were patient to prioritise [national] interest, peace and security here. But when it reaches the point where our patience is challenged, then we will say that we will also welcome taking things down the determined path,” he said.

While his administration welcomes protests and free expression within legal bounds, Yameen said opposition politicians inviting foreign governments to take action against the Maldives was unacceptable.

He argued that causing harm to society and imperilling national security could not be justified in the “context of individual liberty.”

Yameen asked youth to consider if it was acceptable to call for tourism boycotts and invite other countries to “meddle in the Maldives’ sovereignty and independence.”

People who cause damage to the country should be given just punishment, Yameen insisted.

Referring to the opposition Maldivian Democratic Party-Jumhooree Party (MDP-JP) alliance’s demands to release “political prisoners,” Yameen said the new constitution separated the three powers of state and the president could not interfere in judicial proceedings.

He also accused the opposition of not attempting to save youth incarcerated for arson and other offences during anti-government protests after allegedly encouraging the crimes.

“But when they feel something is about to happen to a politician over a crime he committed, it is as if the Maldivian sky is falling on our heads,” he said.

“So this is the double standard among us.”

While ordinary Maldivians faced harsh sentences on a daily basis, Yameen said the opposition politicians and lawyers briefing foreign diplomats about the “inadequate system” were unconcerned.

“But when just one case of a politician is filed at court, the entire justice system of the Maldives becomes a corrupt system,” he said.

The Maldives’ judiciary deserves the respect of foreign nations, he said.

He went on to say that former allies the JP and Adhaalath Party who protested against Nashed’s administration now calling for his release was “a riddle.”

All citizens were equal before the law, he continued, and all citizens have a constitutional right to defend themselves in a court of law.

Opposition protests against Nasheed’s administration in 2012 were prompted by the government “destroying the justice system” and arresting Criminal Court Chief Judge Abdulla Mohamed, Yameen said.

The public “came out in defence of the constitution” when Nasheed defied the Supreme Court’s orders to release the chief judge, he said, adding that the protests were about “a substantial and serious problem” whilst the current protests were “without any substance or basis.”

On the opposition alliance’s demands to release Nasheed, Yameen insisted that the government has not “arrested any politicians” and argued that enforcing the law without bias was in the best interest of the nation.

“Those facing punishment for their crimes happening to be politicians does not mean [we are] taking action against politicians,” he said.

If the president interfered and sought to settle such cases out of court, Yameen asked both the youth and opposition parties to consider if the president should overrule the judiciary once a death penalty verdict has been passed.

“Should President Yameen enforce the judgment differently for different people based on their colour, their faces, and their social standing?” he asked.

“If President Yameen acts differently in the present cases, why wouldn’t he act so in [death penalty cases]?”

Related to this story:

EU, UN join international chorus of concern over Nasheed’s arrest, terrorism trial

Foreign Minister Dunya slams Canada, Commonwealth statements on Nasheed prosecution

Former President Nasheed arrives in court with arm in makeshift sling

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Opposition MPs continue Majlis protests

The opposition Maldivian Democratic Party (MDP) MPs have continued protests at the People’s Majlis, disrupting proceedings for the fifth consecutive parliamentary sitting since the Majlis opened on March 2.

However, ruling Progressive Party of the Maldives (PPM) accepted an amendment to the Prisons and Parole Act amidst opposition protests. The amendment, submitted by Gemanafushi MP Jameel Usman, bars individuals serving prison sentences from holding a leadership position within political parties or other associations.

MDP MPs have been protesting over the arrest and terrorism charges against opposition leader and former President Mohamed Nasheed. If convicted, he faces a jail term or banishment between ten and 15 years.

If the amendment is passed and if Nasheed is convicted, it could effectively strip Nasheed of his presidency with the MDP and his membership.

When Majlis began at 9am, MDP MPs gathered at the secretariat’s desk calling for the the immediate release of President Nasheed and other political prisoners including former Defence Minister Mohamed Nazim.

Some MPs were blowing stadium horns while MDP MP Ali Azim was calling for Nasheed’s release through a megaphone.

Crossing the line

Speaking to Minivan News, PPM parliamentary group leader Ahmed Nihan said that he understands the opposition’s need to protest, however saying that they are “crossing the line.”

“Freedom of expression is granted to fullest extent on the People’s Majilis floor,” said the Vilimalé MP.

“Members are allowed to express themselves freely unless they contradict a tenet of Islam. However, that does not mean members are allowed to do whatever they want on the floor,” he continued.

Nihan said MPs should follow due procedure and lodge a complaint at the secretariat’s desk, saying that the floor will become a “battleground” if the opposition MPs keep on protesting every day.

“We understand their need to protest. Their leader is under arrest and standing trial so it is obvious that they would protest. But we want them to do it in a manner which does not prevent parliament proceedings,” Nihan said.

On March 2, ruling party Progressive Party of Maldives (PPM) MPs also protested, with several carrying placards which read: “Nasheed deserves to be in prison,” “Nasheed supports terrorism” and “MDP must learn democracy.”

MDP MP Imthiyaz ‘Inthi’ Fahmy said that the opposition would protest “indefinitely” until the state addresses the issues highlighted at the parliamentary protests.

“The current defense minister has been accused of being a terrorist. The most popular politician is being tried at a Kangaroo Court and is going to be put in jail. We will not stop the protests,” Fahmy said.

Fahmy accused PPM members of inciting violence within the parliament.

Meanwhile, PPM MP Ahmed Thoriq has written to the Parliament speaker Abdulla Maseeh alleging that former PPM MP Ahmed Mahloof hit PPM MP Riyaz Rasheed during the presidential address on March 2.

Nihan also accused MDP Medhuhenveiru MP Ali Azim of hitting Nihan with his elbow during yesterday’s parliamentary session. Fahmy has dismissed claims of assault as lies.

Related to this story

President Yameen delivers presidential address amidst opposition protests

President Yameen should apologise for thumbs down gesture, says MDP chairperson

10,000 protest in Malé, call for President Yameen’s resignation

Police arrest former President Mohamed Nasheed ahead of terrorism trial

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Broadcasting Commission to investigate Criminal Court barring Rajje TV from court proceedings

The Maldives Broadcasting Commission (MBC) is to investigate the Criminal’s Court’s decision to bar Raajje TV journalists from court proceedings.

The opposition aligned broadcaster was barred from the Criminal Court after a Rajje TV journalist and cameraman videotaped an alleged meeting between Judge Abdul Bari Yoosuf and Prosecutor General Muhthaz Muhsin at Café Layaali in Malé on Sunday night.

“Raaje TV has been barred from attending hearings because they are spreading lies about judges, meddling in judges personal affairs and engaging in actions that may harm judges,” a Criminal Court official told media yesterday.

MBC has also decided to investigate whether Rajje TV journalists had breached codes of ethics by videotaping Muhsin and Bari at the café.

Muhsin has denied the meeting took place, claiming he had been at the café for a separate meal with his family. The PG has said he would resign if the meeting could be proved.

Raajje TV crew said they were forced to delete the footage after a ruling party MP and gang members arrived at the café and threatened them.

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PG travels to Russia for extradition deal

The Prosecutor General (PG) Muhthaz Muhsin has left for Russia today where he will sign multiple agreements, officials from the PG’s Office have revealed.

“One would be regarding extradition and the other on mutual legal assistance between the two countries,” said a spokesman.

It is not clear whether the two countries would sign an agreement or an MOU, he added.

Muhthaz got the invitation to visit Russia last November when the Russian PG Yuri Chaika visited the Maldives.

President Abdulla Yameen had pledged to introduce a bilateral extradition treaty after the controversial detention of Russian national Roman Seleznyov in July last year.

The alleged hacker was detained by Maldivian authorities before being transported to the US military base in Guam, with Russian authorities calling it a “kidnapping” by the US Secret Service.

Despite a decline of 13 percent in the number of Russian arrivals last year – partly caused by the fall in the rouble – over 65,000 Russian tourists visited the Maldives in 2014, placing it fourth in terms of market share.

PG Muhthaz left with Deputy PG Mahmood Saleem and legal affairs director Mohamed Iyas. The delegation will return to the Maldives on March 15.

The PG’s trip comes during the state’s controversial prosecution of former President Mohamed Nasheed and former defence minister Mohamed Nazim.

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STO head Azim dismissed from post

The government has sacked State Trading Organisation (STO) Managing Director Adam Azim, brother of former defence minister Mohamed Nazim.

President’s Office Spokesperson Ibrahim Muaz tweeted yesterday that the government has appointed Ahmed Shaheer, formerly head of the procurement department, to the post of managing director.

Speaking at the organisation’s 50th anniversary celebration in January – just days after Nazim’s dismissal, but prior to his arrest – President Abdulla Yameen had said that managing directors of state owned companies should not expect their jobs to be permanent if they do not perform well.

Former defence minister Nazim is accused of plotting to harm senior government officials. He is also facing illegal weapons charges after police allegedly discovered a hand gun, ammunition, an improvised explosive device, and a pen drive containing incriminating documents at his home.

Nazim has repeatedly denied the claims, accusing tourism minister Ahmed Adeeb of framing him. Nazim’s defense team has raised questions over the transparency of the trial and accused Prosecutor General (PG) Muhthaz Muhsin of politicising the case.

Nazim’s wife Afaaf Abdul Majeed was also charged along with Nazim before the state withdrew charges on the first hearing. saying that they had found new evidence on the pen drive that proved Afaaf was not involved.

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Hulhumalé houses will be affordable for youth, says President

The housing units built under the housing scheme in Hulhumalé will be affordable to all youths, says President Abdulla Yameen.

After observing the pre-construction work on the housing units in the suburb adjacent to Malé, the president said the housing scheme would provide reasonable and affordable living conditions.

“If all goes according to the plan the phase two of Hulhumalé will be completed with a beautiful scenario with some parts adjoining to the sea,” Haveeru reported Yameen as saying.

The president repeated his invitation for islanders from small communities to move to Hulhumalé once phase two is completed.

“My invitation is open to all islands,” he said.

The president also spoke of the bridge that would connect Malé City and Hulhumalé, one of the main pledges in the 2013 elections.

“The development of Hulhumalé phase two and the bridge will go side by side.”

Earlier this week, economic minister Mohamed Saeed said the design and feasibility report of the bridge would be completed by June this year. The funding for the construction would come from Chinese aid and a China Exim bank loan, the minister explained.

The government estimates that more than 230,000 people will be able to live in Hulhumalé once the development is completed, which will also provide office and business spaces.

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Nasheed trial unjust, says Adhaalath President Imran

The terrorism trial of former President Mohamed Nasheed is unjust, the religious conservative Adhaalath Party (AP) President Sheikh Imran Abdulla has said.

Maldivian Democratic Party (MDP) leader Nasheed is being tried in the Criminal Court for allegedly ordering the arrest of the court’s Chief Judge Abdulla Mohamed in 2012 while in office. If found guilty of the charge, Nasheed faces a jail term between 10 and 15 years.

At last night’s hearing the Criminal Court judges Abdulla Didi, Abdul Bari Yoosuf, and Sujau Usman rejected Nasheed’s witnesses, saying that they would not counter the state’s claims.

“Nasheed is not being tried fairly. Treating Nasheed fairly and justly is what we believe in,” Adhaalath president Imran told VTV.

On Sunday, the party withdrew its support for President Abdulla Yameen citing “increased violence and corruption” within the government. Although Adhaalath is yet to join the opposition Jumhooree Party (JP) and MDP coalition, they have said the party would be willing to sit down for discussions.

“The tension between [political rivals] should not result in the disregarding his [Nasheed’s] rights.”

Nasheed’s legal team refused to continue with his defence yesterday, claiming the court had not given them adequate time to prepare. The Criminal Court bench presiding over Nasheed’s trial dismissed his request to hire new lawyers stating they had already been given enough time.

At every opportunity Nasheed repeated his request for legal counsel of his choosing, and reiterated his belief that the trial was unjust and unlawful.

Judge Didi was with Judge Abdulla in his home when the military had arrested him. Judge Abdulla had called Judge Bari to inform him of the arrest shortly before he was arrested.

Previously Nasheed’s lawyers had requested that judges Bari and Abdulla Didi step down from the bench. But the Criminal Court bench had ruled they had no conflict of interest which would require them to retire from the case.

Along with Nasheed, former Chief of Defence force and current Defence Minister Moosa Ali Jaleel, ex-Malé area commander for the military MP Ibrahim Didi, ex-colonel Mohamed Ziyad and Nasheed’s Defence Minister Thalhath Kaleyfaanu also face terrorism charges regarding the detention of Judge Abdulla.

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

The Criminal Court tonight continued to hear evidence against former President Mohamed Nasheed in an ongoing terrorism trial, dismissing the opposition leader’s repeated requests for legal counsel.

“I want a lawyer. This is not a court of law. This is injustice. This is the biggest circus this country has seen in its constitutional history,” Nasheed told Judges Abdulla Didi, Abdul Bari Yoosuf and Sujau Usman.

All four of Nasheed’s lawyers quit today in protest of the Criminal Court’s alleged failure to provide adequate time to mount a defense.

The former president is accused of ordering the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012. If convicted under the 1990 Anti-Terrorism Act, he faces a jail term or banishment between ten and 15 years.

“I call on all Maldivian citizens to stop this atrocity the three of you are committing here, to summon you before a court of law and ensure justice,” Nasheed said in court today.

He accused the three judges of authoritarianism, taking the law in to their hands and ripping the 2008 Constitution to shreds. The opposition leader also said he preferred an immediate sentence over a trial without legal representation.

The Criminal Court adjourned today’s hearing after announcing Judge Abdulla would be called to court tomorrow night. However, the four defence witnesses would not be summoned as they do not appear to counter the state’s claims, judges said.

Nasheed was arrested on February 22, ahead of the surprise terrorism hearing scheduled for the next day. The Criminal Court has held eight hearings since then.

Documentary evidence

State prosecutors tonight presented video recordings of two speeches Nasheed had made in public on January 22, 2012 and on July 2, 2012, and an audio recording of comments made at the police HQ on January 18, 2012.

A video of Judge Abdulla’s arrest was also screened in court, showing masked soldiers escorting the judge out of his home and into a military vehicle. The video showed Judges Didi and Yoosuf active at the scene of Judge Abdulla’s arrest, Nasheed pointed out.

In the January 22 speech at Raalhugandu area in Malé, Nasheed said judges were undermining the constitutional powers of the judicial watchdog body tasked with disciplining judges. As the head of state, he said he was obliged to take action, but said arresting individuals gave him no satisfaction.

Nasheed also said judges must have the required qualifications, honesty and integrity.

In the July 2 speech, Nasheed described Judge Abdulla Mohamed as a national security threat and said he had ordered the Maldives National Defence Forces (MNDF) to treat Judge Abdulla as such, upon a request from the Home Minister and the Commissioner of Police.

Meanwhile, in an audio clip of comments made to police officers on January 18, Nasheed said he would not allow Judge Abdulla within 100 meters of a courthouse during his presidency.

State prosecutors also read from a transcript of a conversation between Nasheed and his cabinet on January 17, 2012, in which the former president asked his ministers their opinion on releasing Judge Abdulla or keeping him detained.

A log of MNDF’s observations of Judge Abdulla’s activities while at Girifushi, and several Supreme Court and High Court rulings ordering the judge’s release were also presented.

State prosecutors said Nasheed’s comments demonstrated he had directly ordered the judge’s arrest, while the video of the arrest, the military logs and court orders demonstrated the judge had been incarcerated against his will on military training island Girifushi.

At every opportunity, Nasheed repeated a request for legal counsel of his choosing, and reiterated his belief that the trial was unjust and unlawful.

The Criminal Court dismissed Nasheed’s requests, claiming the former president and his legal team had been afforded adequate time. They have previously argued case documents had been provided three years ago when charges of ordering Judge Abdulla’s “arbitrary detention” were filed against Nasheed.

However, lawyers in a statement on Monday evening noted Prosecutor General Muhthaz Muhsin had withdrawn the lesser charges and pressed harsher terrorism charges on February 22.

“Even though we had the case documents for three years, we were reviewing and researching those documents and evidence to mount a defence for the intial charges,” the lawyers said.

“We have to start work all over again in order to build a defence for the new terror charges. This is why we keep reiterating requests for additional time in the ongoing hearings.”

The basis of defence arguments are now different, lawyers argued, stating it was “impossible” to provide Nasheed with proper legal counsel without sufficient time.

Meanwhile, the High Court on Monday threw out an appeal filed by Nasheed in which he claimed the Prosecutor General was not authorised to re-prosecute on new charges.

The appellate court claimed the appeal required interpreting the Constitution and said it had no jurisdiction over the matter.

Nasheed had also appealed the Criminal Court’s decision to keep him under custody until the trial ended. Lawyer Hisaan Hissein has previously said the High Court had rejected the appeal by classifying the Criminal Court’s bail denial ruling as a court summons.

Lawyers have also appealed the initial arrest warrant, and the Criminal Court’s refusal to recuse Judges Abdulla Didi and Judge Abdul Bari Yoosuf despite the pair having provided witness statements to a 2012 investigation into Judge Abdulla’s arrest.

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.”

Related to this story

Nasheed’s lawyers quit

Nasheed’s lawyers stage no-show citing insufficient time for preparation

State prosecutors influencing witnesses, claim Nasheed’s lawyers

Chief of Defense Forces testifies in Nasheed, Tholhath terrorism trials

Nasheed contests credibility of police and military witnesses in terrorism trial

Judges Didi and Yoosuf refuse to step down from Nasheed’s terrorism trial

Nasheed denies ordering Judge Abdulla arrest, granted three days to answer charges

Former President Nasheed arrives in court with arm in makeshift sling

Nasheed denied right to appoint lawyer and appeal “arbitrary” arrest warrant, contend lawyers

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