Month: March 2015

Rival demonstrations over Nasheed’s trial in Malé

Demonstrations in support for and against the state’s prosecution of former President Mohamed Nasheed took place in Malé today.

The opposition Maldivian Democratic Party’s (MDP) women’s committee members staged a protest in front of the President’s Office at noon after they were denied a meeting with President Abdulla Yameen. The group of 30 women were carrying letters asking Yameen to release Nasheed.

However, Specialist Operations Officers in riot gear pushed the women away from the President Office within an hour. Dozens of MDP supporters on motorbikes also drove through the city this afternoon calling for Nasheed’s release.

Meanwhile, dozens of ruling Progressive Party of the Maldives (PPM) supporters marched to the Prosecutor General Muhthaz Muhsin’s residence this afternoon, calling on the state to “prosecute Nasheed immediately.”

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It’s time for Adhaalath Party to stand up for Maldives, says Sheikh Imran

Accusing President Abdulla Yameen of corruption and violating of civil rights, Adhaalath Party (AP) President Sheikh Imran Abdulla has said the time has come for the religious party to stand up for the Maldives.

“I believe now is the time for the people who value our nation’s freedom and peace to stand up for the country. Maldives is not on the right track. There is fear amongst the people. We should stand up for them,” he said on Villa TV’s Fasmanzaru programme last night.

The AP continues to hold the Islamic Affairs Ministry in Yameen’s cabinet, despite its ally Jumhooree Party’s (JP) decision to dissolve a coalition with the ruling Progressive Party of the Maldives (PPM).

The AP was given the portfolio after JP’s Gasim Ibrahim decided to back Yameen during the second round of the 2013 presidential polls. The religious conservative party had backed Gasim in the first round.

“Adhaalath Party was part of the government coalition advocating for justice, for the rights of the people and to end corruption. We stand for ensuring happiness for the people of our nation. The government is straying from this vision. So in my opinion, Adhaalath Party should fulfill their responsibility as they have done before,” he said, referring to the AP’s key role in ousting former President Mohamed Nasheed in February 2012.

The AP had backed a mass demonstration in 2011 accusing Nasheed of destroying Islam and undermining sovereignty. The party later took part in the 22 days of serial protests that led to a police and military mutiny on February 7, 2012, forcing Nasheed to resign.

Nasheed and Yameen’s former Defense Minister Mohamed Nazim are currently in police custody, facing charges of terrorism and importing illegal weapons, respectively.

Despite having fiercely criticized Nasheed before, Imran last night said he is disappointed by the lack of due process in Nasheed’s trial.

“Even Nasheed should get a fair trial,” he said, and accused the government of framing Nazim.

“We can see the government violating individual rights of the people. We can see corruption within the government in broad daylight. These are the problems that the people are concerned with now,” he added.

Despite the AP’s earlier reluctance to join the coalition JP had formed with Nasheed’s Maldivian Democratic Party (MDP) in February, Imran insisted that now is the time to stand up for freedom and peace.

The AP and JP had backed Nasheed in the 2008 presidential polls against former President Maumoon Abdul Gayoom. However, the coalition dissolved within a year, and the then-opposition questioned the legality of Nasheed’s government.

The JP’s coalition with Yameen’s PPM had similarly broken down, Imran noted last night, and accused the government of increased authoritarianism.

Imran’s statements came after a two-hour meeting with President Yameen at the President’s Office on Tuesday.

In a tweet following yesterday’s meeting, Imran assured that the Adhaalath Party would not make a “financial deal”.

“I am certain before and now as well that Nazim was framed,” he tweeted.

In previous tweets, Imran said former President Gayoom should be “ashamed” of the government’s treatment of Gasim as the JP leader had decided to back President Yameen in the 2013 presidential election run-off after Gayoom “pleaded” with Gasim.

After Monday’s presidential address – delivered in the face of protests by opposition MPs – Imran tweeted: “President Yameen is now feeling the bitterness of dissolving of the coalition that brought [him] to power.”

A day before Imran tweeted: “Adhaalath Party will come out to protest when there’s no other way.”

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Ex Defense Minister Nazim’s wife presses “malicious prosecution” charges against PG Muhsin

Former Defense Minister Mohamed Nazim’s wife has pressed civil charges against Prosecutor General (PG) Muhthaz Muhsin for “malicious prosecution” over a now withdrawn illegal weapons charge.

Afaaf Abdul Majeed and Nazim were summoned to the Criminal Court on February 25 over the discovery of a pistol and three bullets during a police raid on their apartment on January 18.

But state prosecutors requested the three judge panel to withdraw charges against Afaaf, claiming documents on a pen drive confiscated along with the weapons had brought to light new information.

Speaking to Minivan News today, Afaaf’s family member Ismail Hameed said Muhsin had made an unjust accusation against Afaaf. Her complaint filed under Article 75 of the 1968 Penal Code was submitted to the Civil Court today.

Article 75 penalizes unjust accusations made with the intent of harming or hurting an individual with a fine no more than MVR200 (US$13).

Afaaf was not aware she was under suspicion for illegal weapons possession until she received the court summons. The police had questioned her only once on the controversial weapons find, her lawyer has previously said.

Nazim’s family alleged the weapons were planted in order to frame the then- Defense Minister, a claim the police have denied.

Lawyer Maumoon Hameed on Monday said the decision to withdraw charges against Afaaf demonstrated that Muhsin could not be trusted to protect the former Defense Minister’s rights as the accused, including the PG’s constitutional responsibility to asses evidence presented by investigating bodies before pursuing charges and overseeing the legality of preliminary investigations.

State prosecutors were also forced to change charges from illegal weapons possession to importing and possessing illegal weapons midway through Monday’s hearing when Hameed pointed out an error in the charge sheet.

Further, some of the 13 anonymized police statements presented as witness statements were dated a year back, Hameed contended. The police had also claimed to have discovered an improvised explosive device in the black bag, but had made no mention of it in court, he added.

He then asked judges to hold a public and open trial in a larger courtroom to ensure Nazim’s rights are protected. Presiding Judge Abdul Bari Yoosuf refused the request, saying the trial was already public as ten reporters and six members of the public were allowed to observe the trial.

The police on February 10 arrested Nazim on additional charges of terrorism and treason, claiming the documents in the pen drive indicated he was plotting to overthrow the government and harm state officials.

However, Hameed said the police had not questioned Nazim even once during the 15 day remand.

Before the remand expired, the Criminal Court placed Nazim in pre-trial detention until the illegal weapons trial concluded.

Nazim’s family in a statement last week urged the international community to step up pressure on President Abdulla Yameen’s administration, claiming “there is no hope that Nazim can expect a fair trial” due to a “notoriously politicized judiciary.”

“Nazim never expected to be where he is now. But he has fallen foul of a political conspiracy, one in which powerful forces within the Maldivian government have sought to destroy him and thus prevent him from challenging for the leadership of the ruling party,” Nazim’s family explained in a letter to the international community.

Related to this story:

Evidence against Nazim consists only of 13 anonymised police statements

Ex-Defence Minister calls for an open, public trial

No hope for fair trial, says former defense minister’s family

Nazim accused of conspiring with Villa group to harm state officials

Ex defense minister’s wife charged with illegal weapons possession

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Nasheed prosecution highlights “selective approach to justice,” says Amnesty International

The arrest and prosecution of former President Mohamed Nasheed on charges of terrorism highlights “a selective approach to justice in the Maldives,” Amnesty International has said.

The international human rights organisation noted in a press statement yesterday (March 3) that the court did not order an investigation of Nasheed’s alleged mistreatment by police on February 23.

“The court also denied him the right to be represented by his lawyer at the hearing, and rejected his request to receive medical treatment for injuries caused after police manhandled him outside the court premises,” reads the statement.

Following his arrest on February 22 ahead of a surprise terrorism trial, Nasheed appeared in court the next day using his tie as a makeshift sling after police manhandled and dragged the opposition leader into the court building.

Citing new regulations, the Criminal Court meanwhile informed the legal team on the day of the first hearing that the lawyers had to register at the court two days in advance despite being unaware of the trial until the former president’s arrest the previous day.

However, the government has maintained that due process was followed in Nasheed’s arrest and dismissed the incident outside the court building as “a stunt” pulled by the opposition leader in order to garner sympathy and support from the international community.

The government also insists that it has no role in the criminal proceedings as charges were raised by an independent Prosecutor General and tried through an independent judiciary.

Amnesty International meanwhile noted that Prosecutor General Muthaz Muhsin pressed charges against Nasheed under anti-terrorism laws after withdrawing previous charges filed under Article 81 of the penal code for illegally detaining a government employee who had not been convicted of a crime.

While the latter offence carries a jail term of up to three years, the charges of terrorism under “enforced disappearance” carries a jail sentence of between 10 to 15 years.

“A conviction would stop Mohamed Nasheed, a popular opposition leader, from contesting future presidential elections, with the next one due in 2018,” Amnesty observed.

Nasheed’s arrest warrant stated that he might not attend trial or go into hiding, Amnesty noted, and the Criminal Court at the first hearing ordered police to hold the former president in custody until the conclusion of the trial.

“Claims of his ill-treatment were substantiated by video footage, viewed by Amnesty International, which appear to show him being manhandled,” the statement continued.

“This was reminiscent of the events of February 2012 when Nasheed and his supporters were attacked by security forces. Eyewitnesses say he was dragged into the court in a degrading manner. He told the judge that he was in need of medical attention, but the judge refused his request.”

Echoing calls by the Commonwealth, UN, EU, and the UK, Amnesty urged the government to “ensure the due process of law, and that any judicial processes against Mohamed Nasheed conform to international fair trial standards.”

Amnesty also called for an independent and impartial investigation into Nasheed’s mistreatment in police custody as well as the judge’s refusal to allow the former president to seek medical treatment.

“Dozens of Nasheed’s supporters, including senior members and MPs of the Maldivian Democratic Party (MDP) were attacked and subjected to brutal beatings at the time of the disputed ousting of Mohamed Nasheed from the presidency in February 2012,” Amnesty said, referring to a brutal crackdown on opposition supporters on February 8.

“Despite concerns expressed by Amnesty International, a National Commission of Inquiry investigating the circumstances of Nasheed’s ousting, and the Maldives Human Rights Commission, no one has yet been brought to justice for those attacks. Nasheed’s arrest stands in contrast to government inaction in these cases and undermines its stated claim that his arrest is to uphold the rule of law.”

Related to this story

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

Foreign Minister Dunya slams Canada, Commonwealth statements on Nasheed prosecution

Commonwealth, Canada express concern over denial of legal representation for former President Nasheed

Former President Nasheed arrives in court with arm in makeshift sling

Five police brutality cases from February 2012 ongoing at court, AG tells Majlis

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President Yameen rejects request for meeting to discuss MDP-JP demands

President Abdulla Yameen has rejected a request for a meeting with the opposition Maldivian Democratic Party-Jumhooree Party (MDP-JP) alliance to discuss 13 demands issued at a mass rally on February 27.

Briefing the press last night following a meeting of the MDP-JP joint party commission, JP Deputy Leader Ameen Ibrahim said the parties formally submitted the 13 demands in writing and sought meetings with both the president and Home Minister Umar Naseer.

“When we sent the demands, the home minister has replied saying ‘I have heard the demands and I will meet a team assigned by you.’ So his appointment has been arranged for 10am on Thursday morning. We sincerely thank the home minister for that on behalf of both our parties,” Ameen revealed.

“However, the president said in response to our letter, ‘if you want to meet regarding something that would be beneficial to the public, I can make time for you,’ and that it cannot be done any other way.”

The demands included immediately releasing former President Mohamed Nasheed and former Defense Minister Mohamed Nazim, repealing amendments to the Auditor General’s Act that saw the removal of former Auditor General Niyaz Ibrahim, empowering local councils, and investigating serious corruption allegations against senior government officials.

Other demands issued at the protest march included continuing electricity subsidies, fulfilling campaign pledges to provide subsidies to fishermen and farmers, and reversing a decision to impose import duty on fuel.

“The home minister has seen that these [demands] are beneficial to the public, but unfortunately our honourable president has not yet seen it. We are extremely saddened by this,” Ameen said.

President’s Office Spokesperson Ibrahim Muaz Ali told local media today that the president did not have the authority to release suspects in detention while on trial, noting that the judiciary was an independent branch under separation of powers.

The president was open to discussions if the opposition proposed matters that were both beneficial to the public and within the president’s powers and constitutional responsibilities, he said.

After discussing President Yameen’s rejection at the inter-party commission (IPC) last night, Ameen said the parties decided its leaders – Gasim Ibrahim from the JP and Chairperson Ali Waheed or MP Ibrahim Mohamed Solih ‘Ibu’ from the MDP – would directly request an appointment with the president to discuss the prosecution and trials of Nasheed and Nazim.

Criminal proceedings against the pair were being conducted unfairly and unjustly, Ameen reiterated.

The parties also discussed continuing joint efforts, Ameen said, adding that decisions of the ‘joint activities committee’ would be implemented.

Ameen stressed that the activities would take place within legal bounds, adding that its purpose was achieving results desired by the public.

The MDP-JP nightly protests continued near the city council hall last night.

“Extra efforts”

Meanwhile, MDP Chairperson Ali Waheed told the press that the party could not remain inactive while former President Nasheed’s trial was “going rapidly towards a sentence.”

“So we have discussed at our commission about the MDP undertaking special extra efforts to free President Nasheed,” he revealed.

The joint commission discussed affording the space for the MDP to conduct further activities without undermining the alliance with the JP, Waheed added, calling on supporters to join the party’s “direct action”.

Waheed said the government’s lack of an adequate response to the thousands of Maldivian citizens who participated in the protest march was regrettable.

“So now we are going to have to take our efforts to another level. God willing, within bounds of Maldivian laws and regulations, we will carry out our peaceful protest and direct action in various ways in the coming days,” he said.

A special committee has been formed within the MDP to oversee the activities, he continued, appealing for party members to remain united and to channel discontent within the party “as positive energy.”

While the party was attempting to peacefully resolve the crisis through negotiation and dialogue, Waheed said MDP believed “other activities” should be scaled up.

The government was opting for the “path of ruin” with its lack of response to the peaceful protest march, he continued, noting that the opposition did not seek a violent confrontation or incite unrest on Friday.

Waheed also said the party could not “go forward” without Nasheed and that the current leadership would not stand in the way of supporters’ love for the party’s elected president.

“We will give the space both within this [joint] commission and our party for [supporters] to raise their voices,” he said.

Related to this story

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February 27 a historic success, claims opposition

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

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Australia concerned over civil unrest following Nasheed’s arrest, trial

Australia has expressed concern over rising political tension in the Maldives following former President Mohamed Nasheed’s arrest and subsequent trial on terrorism charges.

In a statement on Tuesday, Australia said High Commissioner Robyn Mudie had registered Australia’s interest with the Maldivian government and would “continue to monitor the developments closely.”

The Maldives Police Services arrested Nasheed on February 22, claiming he may abscond from a terrorism trial over the abduction of Criminal Court Chief Judge Abdulla Mohamed in January 2012. If convicted, the opposition leader faces a jail term or banishment between ten and 15 years.

Over 10,000 opposition supporters took to the streets on Friday calling for Nasheed and former Defense Minister Mohamed Nazim’s release. Nazim is currently in police custody amidst a trial on importing and possessing illegal weapons.

Protesters also called for President Abdulla Yameen’s resignation. Opposition Maldivian Democratic Party (MDP) and Jumhooree Party (JP) supporters have continued daily protests since February 10.

In its statement, Australia encouraged “all parties to exercise restraint, act in accordance with the rule of law, and resolve differences peacefully.”

“As members of the Commonwealth, Australia and Maldives share important democratic values, including free speech and the right of opposition groups to participate fully in the democratic process,” read the statement.

“As a fellow Indian Ocean country and Commonwealth member Australia has a keen interest in supporting peace, rule of law and democracy in the Maldives.”

Australia has warned its citizens in the Maldives to exercise a “high degree of caution” when visiting capital Malé.

The statement follows a meeting between a government delegation and Mudie in Colombo. The delegation included ruling Progressive Party of the Maldives’ (PPM) Parliamentary Group leader Ahmed Nihan, PPM Spokesperson and MP Ali Arif, Minister of Law and Gender Mohamed Anil and Minister of Presidential Affairs Mohamed ‘Mundhu’ Shareef.

According to Nihan, the delegation also briefed Russain Ambassador Alexander A. Karchava, British High Commissioner John Rankin, and Qatari Ambassador Rashid Shafie Saeed Al-Fahida Almerri.

The government maintains it has no influence over Nasheed and Nazim’s trials, arguing the charges were pressed by an independent Prosecutor General and tried through independent courts. The trials are important to uphold the rule of law, ruling party officials have said.

Meanwhile, responding to a question in the UK parliament on Monday, British State Minister of State, Foreign and Common Office Hugo Swire said he was concerned over the “continued detention of former President Nasheed.”

Swire said that it was important for “international confidence in the Maldives that Mr Nasheed, like all other citizens, is seen to be enjoying due legal process and respect for his fundamental rights.”

Canada, Commonwealth, EU and the UN have previously expressed concern over Nasheed’s arrest and trial after he was denied legal counsel at the first hearing. He appeared in court with his arm in a makeshift sling after police manhandled and dragged him into the court building when he attempted to speak with journalists.

Foreign Minister Dunya Maumoon last week hit back at international expressions of concern, insisting the state was following due process in Nasheed’s arrest and prosecution.

“Those who prefer to issue public statements about an on-going legal case, or on a domestic political situation, are advised to do a basic fact check, before bandwagoning on to accusations made by a political party,” Dunya said in a statement.

“To criticize us in public statements with lies or biased with having only heard the oppositions point of view is not acceptable. The government will not accept these statemetns and will not pay attention to them.”

Speaking to the press on February 24, Dunya questioned the value of the Maldives remaining a member state of the Commonwealth, claiming the organisation had “wronged” the Maldives before by placing the country on a watch-list in the wake of the controversial transfer of power in February 2012.

However, UK High Commissioner to the Maldives John Rankin last week said that he does not believe asking the Maldives to abide by commitments under UN conventions amounted to “undue interference.”

In an interview with private broadcaster Raajje  Tv, Rankin said decisions on domestic  matters were up to the Maldives as a sovereign nation.

“But it is legitimate for one country to [remind] another country to abide by the undertakings which together we have signed up to,” he explained.

Photo of meeting between Australian High Commissioner and government delegation by MP Ahmed Nihan

Related to this story:

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Evidence against Nazim consists only of 13 anonymised police statements

Evidence against former Defence Minister Mohamed Nazim consists only of statements by 13 anonymised police officers, defence lawyers claimed last night.

At a second hearing into an illegal weapons charge, Nazim’s lawyers insisted evidence had been fabricated, and asked the Criminal Court’s three-judge panel to examine the legality of the means used to obtain evidence.

Nazim was charged with illegal weapons possession after police raided the then-defence minister’s apartment on January 18 and discovered a pistol and three bullets in a bedside drawer. Nazim was subsequently dismissed from the cabinet and arrested on additional charges of treason and terrorism.

Nazim’s lawyer Maumoon Hameed said some of the police statements were dated a year back, and argued anonymised witnesses would obstruct Nazim’s right to a free and fair trial as it would be impossible for the defence to determine if the officer had in fact been present on the scene during the raid.

But presiding Judge Abdul Bari Yoosuf told Hameed to focus on the content of the statements, and suggested judges would determine the authenticity of the witnesses.

Meanwhile, state prosecutors claimed it was necessary to anonymise witnesses to ensure their safety.

Major blunders

Hameed also pointed to what he called major blunders by state prosecutors, including a decision to withdraw charges against Nazim’s wife during the first hearing, allegedly in light of new information found in a pen drive confiscated during the raid.

According to prosecutors, the documents show Nazim was conspiring with opposition Jumhooree Party Leader Gasim Ibrahim’s Villa group to harm senior government officials.

State prosecutors were also forced to change charges from illegal weapons possession to importing and possessing illegal weapons midway through yesterday’s hearing due to an error in the charge sheet.

Noting that evidence obtained by unlawful means is inadmissible in court, Hameed contended the search warrant issued by Criminal Court Judge Abdulla Mohamed was unlawful.

Station Inspector Ahmed Azmath Abdulla had obtained the warrant on his superior’s orders, not on information he had received, Hameed said.

Further, there had been no police intelligence reports on the presence of illegal weapons at Nazim’s apartment, he alleged.

Police must scrutinise and verify information before obtaining a warrant that violates a citizen’s privacy, he added.

The bench, however, pointed to a High Court ruling in which the appellate court said it could not rule on the legality of the search warrant as the case was ongoing at the Criminal Court.

Hameed noted the High Court’s ruling ordered the Criminal Court to rule on the warrant’s legality during the trial. Judge Yoosuf said the defence’s request had been noted and asked Hameed to speak on the evidence itself.

Hameed also asked for an open and public trial in a larger hall, saying Nazim had no confidence in Prosecutor General Muhthaz Muhsin.

But judges said the trial was already public as media and members of the public were allowed to observe hearings. Ten reporters and ten members of the public were allowed into the courtroom.

Evidence

Hameed asked the state to provide additional information, including a video recording of the raid, forensic analysis reports, copies of data obtained from the pen drive, copies of the forms submitted to the Criminal Court to obtain the search warrant, statements by all police officers during the investigation, video recordings of interviews with Nazim, his family and his security officers, and lists of police officers on duty on the night of the raid.

The extensive list was necessary to determine if the evidence had been fabricated, he said.

State prosecutors said they would issue the requested documents upon further review.

Nazim’s family in a statement last week urged the international community to step up pressure on President Yameen’s administration, claiming “there is no hope that Nazim can expect a fair trial” due to a “notoriously politicised judiciary.”

“Nazim never expected to be where he is now. But he has fallen foul of a political conspiracy, one in which powerful forces within the Maldivian government have sought to destroy him and thus prevent him from challenging for the leadership of the ruling party,” Nazim’s family explained in a letter to the international community.

The Maldives Police Services have denied planting evidence and framing the former minister, insisting officers had acted professionally during the midnight raid.

The government has maintained the arrests and charges against Nazim demonstrate “no one is above the law,” and says it has no influence over the trial, claiming charges were initiated by an independent Prosecutor General and tried through an impartial judiciary.

Related to this story:

Ex-Defence Minister calls for an open, public trial

No hope for fair trial, says former defense minister’s family

Nazim accused of conspiring with Villa group to harm state officials

Ex defense minister’s wife charged with illegal weapons possession

Nazim remains in custody as High Court rejects appeal

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Police deny framing Nazim as former Commissioner alleges politicisation

No forensic evidence against Nazim, says legal team

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Nasheed ordered Judge Abdulla’s arrest, says Tholhath

Former President Mohamed Nasheed ordered the military to detain Criminal Court Chief Judge Abdulla Mohamed in January 2012, former Defence Minister Tholhath Ibrahim Kaleyfaanu told the Criminal Court last night.

At last night’s hearing of his trial on terrorism charges, Tholhath said the operation to arrest Judge Abdulla – dubbed ‘Liberty Shield’ – was initiated by Nasheed and carried out by then-Malé Area Commander Brigadier General Ibrahim Mohamed Didi, currently an opposition Maldivian Democratic Party (MDP) MP for mid-Hithadhoo constituency.

According to trial observers from the Maldivian Democracy Network (MDN), state prosecutors noted that Tholhath had confessed to initiating Operation Liberty Shield during a previous trial at the Hulhumalé Magistrate Court.

Asked whether Nasheed directly gave the order to Didi – bypassing the defence minister – Tholhath’s lawyer said details of the orders would be explained after the state presents its witnesses.

Tholhath insisted that Nasheed had ordered the judge’s detention on Girifushi Island.

Judge Abdulla’s arrest triggered a police and military mutiny forcing Nasheed’s resignation on February 7, 2012.

In January 2013, Tholhath told parliament’s Government Oversight Committee that Nasheed had not resigned “under duress” in a a coup d’etat. However, Tholhath had previously claimed that Nasheed’s life was in danger on February 7, 2012 and that the former president had no choice but to resign.

During the 2013 presidential campaign, Tholhath campaigned for Jumhooree Party Leader Gasim Ibrahim and later backed eventual winner Abdulla Yameen.

Terrorism trials

At last night’s hearing, Tholhath’s lawyer asked state prosecutors to clarify which offence the former minister was being charged with under Article 2 of the anti-terrorism law.

When the prosecutor explained that the offence was “enforced disappearance,” the lawyer asked whether the state has decided that the highest authority of the military gave orders that amounted to terrorism, and whether the state was suggesting the Maldives National Defence Force (MNDF) was a “terrorist organisation” if soldiers enforce their commanders’ orders.

The lawyer also asked why soldiers involved in the operation were not being charged as accomplices.

In reply, State Prosecutor Abdulla Rabiu said senior officers of the military “used the institution as a veil to commit this atrocity,” noting that senior officials would have had the opportunity to seek legal advice.

The defence lawyer said then-Home Minister Hassan Afeef informed Tholhath that the chief judge was a threat to national security as he was blocking corruption investigations, releasing dangerous criminals, and undermining the criminal justice system.

The lawyer also contended that the Human Rights Commission of Maldives’ (HRCM) investigation could not be admissible as the commission was not legally authorised to investigate acts of terrorism.

However, the prosecutor insisted that the HRCM Act confers powers on the commission to investigate terrorism.

After the judges ruled that the procedural issues were not an impediment to continuing the trial, both the prosecution and defence then submitted a list of evidentiary documents and witnesses, including senior officers of the police and military.

Adjourning the hearing, Judge Abdulla Didi said testimony from state witnesses would be heard at the next trial date.

At last night’s hearing of Nasheed’s trial, Judge Didi and Judge Abdul Bari Yoosuf ruled that there was no conflict of interest for the pair to preside over the trial, despite having testified as witnesses in the case’s investigation.

Along with Nasheed, Tholhath, and Didi, former Chief of Defence Forces Major General (Retired) Moosa Ali Jaleel and Colonel (Retired) Mohamed Ziyad are also on trial on terrorism charges over the chief judge’s arrest.

All five defendants have pleaded not guilty to the terrorism charges. The charges were filed under Article 2(b) of the Prevention of Terrorism Act of 1990, which criminalizes kidnappings, forced disappearances and abductions and carries a jail term of between 10 to 15 years.

At a hearing earlier this week, Jaleel denied any involvement in the judge’s arrest, claiming he neither received nor given any orders to take the chief judge into military custody.

Didi was meanwhile hospitalised on Sunday night after complaining of chest pains. His family told Minivan News today that the retired general would be flown overseas as soon as doctor’s give approval.

Related to this story

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Parliament sitting adjourned amidst opposition MPs’ protest

The first regular sitting of the Peoples Majlis for 2015 was adjourned shortly after it began amidst protests by opposition Maldivian Democratic Party (MDP) MPs.

MDP MPs called for the release of former President Mohamed Nasheed, who is currently in police custody until a surprise trial on terrorism charges conclude.

Speaker Abdulla Maseeh adjourned Majlis after forwarding the names of Moosa Ali Jaleel who has been appointed as Defence Minister by President Abdulla Yameen, Ahmed Saleem who has been appointed as Ambassador for Pakistan and Ahmed Akram who has been proposed by government as a member of Elections Commission to Majlis sub committees for further review.

Moosa Ali Jaleel was the Ambassador for Pakistan until he was appointed as Defence Minister after former Defence Minister Mohamed Nazim was removed from the post and charged with treason.

Jaleel is currently facing charges of terrorism for his role in the arrest of Criminal Court Chief judge Abdulla Mohamed along with former President Mohamed Nasheed, his Defence Minister Thalhat Ibrahim Kaleyfanu, former Male’ Area Commander of military MP Ibrahim Didi and ex Colonel Mohamed Ziyad.

Former Deputy Secretariat of Maldivian Democratic Party (MDP) Ahmed Akram was proposed as a member of Elections commission after the term of one member had expired. Akram is relative of former MDP President Moosa Manik’s wife.

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