Civil Court concludes first hearing of Hulhumalé Court challenge

Former President and Maldivian Democratic Party (MDP) leader Mohamed Nasheed’s case against the legality of the process in which the bench of the Hulhumalé Magistrate Court was heard by the Civil Court today.

Nasheed submitted the case to the lower court after the High Court decided on Monday (February 9) that it could not deliberate on the legality of the bench, citing jurisdictional grounds.

The High Court’s decision read that, under the regulation, the court can deliberate on decisions of the lower courts, but not on their composition.

According to Nasheed’s legal team member Ahmed Abdulla who spoke to the press outside the court, the trial today heard the case challenging the legality of the Hulhumalé Magistrate Court bench and also a stay order requested by Nasheed.

“We have received information the Judicial Service Commission plans to bring changes to the bench, we requested the court to order a halt to that”, Abdulla said.

He added that the JSC’s legal team requested more time to respond to the case regarding the legality of the bench but that it had responded to the stay order request.

“Firstly they stated that the bench is not in existence and then they said that we have brought no changes to the bench. Therefore what they are basically saying is that bench not being in existence is not a change. We were unable to comprehend what they were saying”.

Abdulla told reporters that in response to this, Nasheed’s legal team stated that the reason Nasheed had lodged cases in court against the JSC is because the commission insists it has powers to assemble court benches.

Nasheed’s legal team member Hisan Hussain stated that the reason the JSC is saying the bench does not exist is because magistrates who were initially appointed to the bench have now been promoted to superior courts.

“We must always assume that the JSC will assemble a bench, possibly even tomorrow and proceed with the case as long as the commission insists it has authority to do so,” she continued.

The judge will decide and rule on the stay order request in the next hearing to be held Saturday (February 14) .

While the trial continued supporters of Nasheed and the MDP gathered outside the Civil Court and expressed their discontent over the government’s “persecution and failures”.

Tensions between Special Operations police officers and those gathered grew as police started clearing the crowd from the main entrance of the civil court around 5pm.

Some pushing and shoving was observed along with heated exchanges of words between protesters and the police, although no arrests were made.

(PHOTO: LAWYER AHMED ABDULLA)



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Opposition concerned at “interference” with educational institutions

The Maldivian Democratic Party’s (MDP) education committee has expressed concern over rising government interference with educational institutions.

The committee has condemned the recent decision by the government to vacate the old Jamaaluhdheen Building, currently the location for Maldives National University’s (MNU) faculty of arts and other departments, catering for over 1,300 students.

“The students are all scared. They have been hearing that police are going to come and vacate the building. Even the student union has demanded answers as to where these facilities will be transferred,” said the MDP Education Committee chair Dr Musthafa Luthfee.

Media have reported that the President’s Office has requested the police vacate the old Jamaaludheen premises within seven days, prompting concerned responses from the university and the student union.

The President’s Office was not responding to calls at the time of publication.

“These students are unsure as to whether they could return to their classrooms they have been studying in,” said Dr Luthfee, who served as the minister of education during MDP’s administration.

An MNU statement released yesterday read that the sudden decision to vacate the premises is not viable without a building to move to, and that the university is saddened by the fact that the decision will halt the education of many students.

While the Maldives Police Services refused to comment, the President’s Office told media that the university was offered several other plots of land to move the faculties and that the government wants to vacate the premises due to safety concerns.

The MDP education committee also raised the issue of the private higher educational institute, Mandhu College, which was handed a 15 day eviction notice by the Ministry of Education earlier this month after the it claimed the college had breached the terms of its lease.

Mandhu revealed yesterday (February 10) that large number of students who have started courses at the college have started dropping out.

Also speaking at the press conference today, committee member Shifa Mohamed criticised the education ministry for intimidating teachers and putting them in humiliating circumstances.

“On one side the teachers are being told to go study and improve their quality, while on the other side they are being  intimidated,” said Shifa.

The committee had previously alleged that the structure of the recently announced salary increments for teachers was poorly planned and researched, and that it would leave a lot of teachers who do not fall into the criteria at a loss.

While the Teacher’s Association of Maldives (TAM) have also pointed out the weakness within the structure of the salary increments, its president Athif Abdul Hakim has accused the government of intimidation for speaking out against the new pay scales.

Athif told Minivan News that a letter of warning had been handed to him today by the head of Dhivehi Department at Majeedhihyaa School – where he works as a Dhivehi teacher – demanding he clarify in writing some of the comments he has made in the media.

Athif had previously said that he had been summoned to the education ministry and told by the Permanent Secretary Dr Abdul Muhsin to “pay attention to  public interest” while speaking publicly about the teachers structure.



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Nasheed predicts he will soon be jailed

Opposition Maldivian Democratic Party (MDP) leader and former President Mohamed Nasheed has predicted that he will be jailed in the upcoming weeks.

Speaking at the party’s 129th National Council sitting last night (February 10) Nasheed stated that although he will be very saddened to leave his family and worldly pleasures, he is determined to patiently bear the pain and “if necessary, even torture”.

“Nevertheless, with your permission, I would like to spend my jail days as the president of this party”, Nasheed said, requesting that the party “try and free me as soon as possible” and to “try and find a way in which I could be saved without being sentenced”.

Nasheed’s challenge of the composition of the Hulhumalé Magistrates Court bench was rejected on jurisdictional grounds on Monday (February 9), paving the way for the court to resume his trial for the January 2012 detention of Criminal Court Judge Abdulla Mohamed.

Nasheed has described judicial proceedings as being influenced by the government, making them “unfair”, alleging that the government’s intention was to sentence him before the new Penal Code is implemented in April, 2015.

Nasheed’s legal team has subsequently submitted the case to the Civil Court, again challenging the composition of the Hulhumalé court bench. The first hearing of the case is scheduled at Civil Court today at 4pm.

In last night’s meeting held to discuss the steps that need to be taken by the MDP in defending the Constitution, Nasheed also said that more than 10 parliament members from the ruling Progressive Party of Maldives (PPM) are discussing switching to the opposition alliance.

The MDP and Gasim Ibrahim’s Jumhooree Party (JP) signed an agreement during a mass rally last Thursday (February 5) night to “defend the spirit of the Constitution and do everything necessary to guarantee the rule of law”.

The agreement pledges to prevent the passing of any propositions in the People’s Majlis against the letter or the spirit of the Constitution, both inside and outside of the Majlis. Currently, the two parties control 34 seats in the 85-seat legislature.

The MDP National Council also decided last night to pass a motion submitted by Villimalé constituency president Mohamed Ibrahim Manik to lift the disciplinary measures preventing MPs who had violated the party’s whip line from participating in votes taken in the party’s internal bodies.

It was also decided that Anas Abdul Sattar be appointed as the party’s secretary general.

Nasheed stated that the joint parliamentary group to be formed under the MDP-JP agreement will strive towards appointing Maamigili MP Gasim to post of speaker of parliament.

Gasim’s decision to stand for the position last May prompted the end of his party’s alliance with the PPM, though the JP did not officially sever ties until late last month.

Nasheed also assured that, if and when the alliance gains the majority, the current composition of independent institutions, such as the Judicial Services Commission, will be changed.

“I will be even more active from block C of Maafushi Jail,” concluded Nasheed.



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Police accuse Nazim of plotting coup, planning to harm senior government officials

Additional reporting by Mohamed Saif Fatih

The Maldives Police Services has accused former Defense Minister (retired) Colonel Mohamed Nazim of plotting to overthrow the government and harm senior government officials.

A police statement issued at 9pm tonight claimed to have found documents in a pen drive confiscated from Nazim’s house during a midnight raid on January 18 suggesting he “was plotting to physically harm senior Maldivian state officials.”

“In addition, police intelligence has received information that he was plotting with various parties to overthrow the government,” the statement read.

During the search, the police claimed to have found a pistol, bullets and an improvised explosive device.

Nazim was arrested at 1:15am on Tuesday (February 10) on charges of treason and possession of illegal weapons. The Criminal Court has extended his detention for 15 days.

At a 9pm press conference at Villa TV tonight, Nazim’s legal team said the former minister is being framed and have implied the firearms found during the raid were planted. Nazim’s remand sentence is to be appealed at the High Court tomorrow.

If convicted, Nazim faces a jail term between seven and ten years. The police have forwarded charges to the Prosecutor General’s Office.

“Framed”

Nazim’s lawyer Maumoon Hameed suggested weapons may have been planted, claiming police officers who raided Nazim’s apartment had spent ten minutes in the bedroom in his absence.  Further, police only announced they had found an improvised explosive device days later after an analysis conducted without independent oversight, he said.

“This is nonsense,” Hameed repeatedly told the press at Villa TV tonight.

After police forced open Nazim’s door at 3:30am on January 18, police immediately entered Nazim’s bedroom, taking him, his wife and two of their children to the living room, Hameed explained.

“After the whole family was taken to the sitting room, the police officers who had initially entered the apartment remained in the master bedroom for approximately ten minutes.”

A team of plainclothes officers arrived afterwards and produced a search warrant. The pistol and three live bullets were found in a bedroom drawer during a search in Nazim’s presence.

The improvised explosive device had not been found during the initial search and the item was not even listed in a record of items found during the search, he said.

The police have maintained they were unaware the apartment they were raiding belonged to the former defense minister and said they had decided not to arrest him at the scene due to his high profile.

Hameed questioned police’s decision to arrest Nazim after the completion of investigations, and claimed such an arrest can only be made through a PG order.

Jumhooree Party MP and former Commissioner of Police Abdulla Riyaz accused the police of unprofessionalism and said: “This was clearly done to frame Colonel Nazim.”

Nazim and his wife’s passports have been confiscated.

His arrest appears to be part of a larger crackdown on political rivals by President Abdulla Yameen. The former minister had revealed his presidential aspirations following the raid on January 18.

Nazim was a central figure in former President Mohamed Nasheed’s ouster. He had delivered an ultimatum to Nasheed demanding an unconditional resignation on February 7, 2012.

He has served as Defense Minister for three years now, first under Nasheed’s successor Dr Mohamed Waheed Hassan.

Following Nazim’s dismissal, Nasheed’s former Chief of Defense Forces Moosa Ali Jaleel was appointed as Defense Minister.

Prior to Nazim’s arrest, President Yameen retired Vice Chief of Defense Forces Ahmed Mohamed and appointed Brigadier General Ahmed Shahid to the post.

Changes brought to military ranks in late January include the dismissal of Major Ahmed Faisal and Captain Ibrahim Naeem from the posts of head of the Special Protection Group (SPG) and Head of Armory, respectively.

Lieutenant Colonels Ahmed ‘Papa’ Fayaz and Abdul Rauf were appointed to head the SPG and Armory respectively.

(PHOTO: MOHAMED NAZIM ADDRESSING MUTINYING SECURITY FORCES ON FEBRUARY 7, 2012)



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Former Defence Minister Nazim remanded for 15 days

The Criminal Court has remanded former Minister of Defence and National Security Colonel (retired) Mohamed Nazim for 15 days in police custody.

Nazim was arrested last night at around 1:15am and was taken to Dhoonidhoo Detention Centre.

Nazim’s lawyer Maumoon Hameed told Minivan News this morning (February 10) that his client was being charged with offences related to activities against the state, while his arrest form described the charges as terrorism and possession of illegal items.

Members from both the Adhaalath and the Jumhooree Party have today said they will join Nazim’s legal team, while the Prosecutor General’s Office has declined to comment on any aspect of the case.

Nazim himself tweeted news of his arrest to his followers shortly after 1am, also announcing that he had left the ruling Progressive Party of Maldives.

A press conference by Nazim’s legal team is scheduled to be held tonight at VTV at 9pm, explained the law firm of Maumoon Hameed – Premier Chambers.

Meanwhile Adhaalath Party spokesman Sheikh Ali Zahir tweeted saying that he has decided to join Nazim’s defence team along with former Commissioner of Police MP Abdulla Riyaz.

Adhaalath Party President Sheikh Imran Abdulla has been one of the few politicians to comment on the case today, tweeting his belief that Nazim would not kill anyone in order to gain power.

“Nazim has been treated with injustice. We are and have been against injustice,” read another post from Imran today.

Following comments made in the media regarding the charges yesterday, Riyaz told Minivan News that he was convinced the case was “purely political”.

“The legal team has prepared a very strong case, and can positively prove that the items found at Nazim’s house do not belong to him,” he said.

Nazim had been minister of defence since the controversial transfer of presidential power in February 2012, having delivered an ultimatum on behalf of mutinous police and military units demanding President Mohamed Nasheed’s unconditional resignation.

Prior to his dismissal, he was considered one of the most powerful figures within the government, holding the health portfolio as well as chair of the Local Government Association (LGA).

Special Operations officers raided Nazim’s home in the early hours of January 18, with police later saying they had found dangerous weapons – including a pistol and an explosive device during the search.

After initially expressing support for the minister, Nazim was dismissed from his position two days later, being replaced by Major General (retired) Moosa Ali Jaleel on January 20.

Police have maintained they were unaware that the home belonged to the defence minister prior to the raid, later telling media that the decision was made not to make arrests due to the profile of the suspect.

After the passports of both Nazim and his wife were confiscated, the former minister was summoned for questioning at police headquarters earlier this week.



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Rubeena’s mother travels to Malé as campaign grows in Kerala

The mother of Indian national Rubeena Buruhanudeen will travel to the Maldives where she will attempt to visit her daughter, who has been held in pre-trial detention for four and a half years.

Shafeeqa Beevi has asked Maldivian authorities permission to visit her 30-year-old daughter, who faces charges of infanticide and attempted suicide after the death of her ten-month-old son in 2010.

Despite local lawyers taking up Rubeena’s case in 2012, it has remained stalled, with the last scheduled hearing in December delayed as the court requested to hear from the doctor who initially examined the child’s body.

Her lawyers are seeking an additional hearing to claim their client’s diminished responsibility.

Meanwhile, a campaign to secure her release is gaining momentum in her home state of Kerala, with over 8,000 people having signed the ‘Save Rubeena’ petition, calling for the intervention of authorities in the case.

The petition is to be delivered to the Indian High Commission in Maldives, and the Chief minister of Kerala, Oommen Chandy – who has already met with Rubeena’s parents, promising action.

India’s Minister for External Affairs Sushma Swaraj was handed the petition on Sunday (February 8), explained Anupama Mili, a journalist for the New Indian Express who is helping with the campaign.

“There is already an online campaign started on Facebook ‘Save Rubeena’. This is followed by the miraculous escape of another Indian, Jayachandran Mokeri, recently from Maldives,” explained Anupama.

Jayachandran had been imprisoned for 8 months on what he claimed were false child abuse charges, before being released on December 25 after the case became publicised through Indian media.

“His friends and relatives started the group ‘Save Jayachandran Mokeri’ in Facebook and started campaigning for him in all levels including media, bureaucracy, different political parties and even religious and business leaders,” said Anupama.

The same group is now campaigning for justice in a number of cases involving Keralites incarcerated in the Maldives, converting the Jayachandran Facebook page for the ‘Save Rubeena’ campaign.

“After [Jayachandran’s] return, he told me about many other Keralites with more or less similar plight,” she added. “I gave the report in my paper, and hit headlines here.”

Shafeeqa Beevi has not seen her daughter in five years

Renewed hope

Jayachandran has claimed he came into contact with around 21 Indian nationals while in Dhoonidhoo detention centre, though statistics provided to Minivan News by the Maldives Correctional Services show only seven Indian nationals – all male – being held in the country.

The New Indian Express has today reported that Kerala’s social justice minister Dr M.K. Muneer will seek the support of the External Affairs Ministry to keep better records and to offer assistance to Keralites detained abroad.

The case has also sparked debate in India over the practice of poor girls from Kerala being sold off to foreign nationals in return for money, with Rubeena’s mother saying her new husband had cleared the family’s crippling debts as part of the arrangement. He has since divorced her during her incarceration.

In an interview republished in Minivan News yesterday, Shafeeqa recalled the deterioration of her daughter’s marriage, and the confusion surrounding her grandson’s death.

Sources close to Rubeena’s case have learned that she confessed to the killing before having received any legal assistance, and has since said she was heavily medicated at the time of her child’s death, with only a vague recollection of events.

Shafeeqa also explained the renewed hope the campaign had given her after four years without progress.

“It was after the release of Jayachandran master, I renewed my hope. He had met Rubeena in jail and she had given him my number.”

“I had completely lost my hope. But now, things are apparently changing. My hope has been restored. Many people who have never seen me or are even connected to me are trying to bring my daughter out of that prison.”

The Kerala campaigners have also taken up the cause of Indian National Nabeesa Beevi, who had been left stranded in the Maldives after death of her husband last year.

Nabeesa – left partially paralysed, reportedly after complications during a caesarean birth – was returned to India yesterday (January 9) after social justice minister Muneer informed the Indian High Commission in Malé that Kerala state would be willing to pay for her care.



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Former Defence Minister arrested on illegal weapons charge

Recently dismissed defence minister Colonel (retired) Mohamed Nazim was arrested last night at around 1:15am.

Nazim’s lawyer has said police told him his client was being charged with offences related to activities against the state, while his arrest form described the charges as terrorism and possession of illegal items.

The charges carry a potential sentence of 7 – 10 years, explained Maumoon Hameed, adding that his client was taken last night to Dhoonidhoo detention center.

“We would be able to  prove at the remand hearing that the Nazim should not have been arrested and that he is not guilty of any accusations,” he told Minivan News.

Media had reported that the police’s investigation into dangerous weapons charges had been forwarded to the Prosecutor General’s Office yesterday evening, though Hameed has not been officially informed of this.

Nazim himself tweeted news of his arrest to his followers shortly after 1am, also announcing that he had left the ruling Progressive Party of Maldives.

Police were unable to reveal further details of the arrest, while Minivan News was unable to obtain a response from the Prosecutor General’s Office at the time of press.

Special Operations officers raided Nazim’s home in the early hours of January 18, with police later saying they had found dangerous weapons – including a pistol and an explosive device during the search.

After initially expressing support for the minister, Nazim was dismissed from his position two days later, being replaced by Major General (retired) Moosa Ali Jaleel on January 20.

Police have maintained they were unaware that the home belonged to the defence minister prior to the raid, later telling media that the decision was made not to make arrests due to the profile of the suspect.

After the passports of both Nazim and his wife were confiscated, the former minister was summoned for questioning at police headquarters earlier this week.



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Malé pedestrianised zones to be piloted on February 15

A pilot project to establish vehicle-free zones in the capital Malé will be introduced on February 15, authorities have revealed.

Speaking at a joint press conference with the Ministry of Housing and Infrastructure and the Transport Authority of Maldives, housing minister Dr Mohamed Muizzu said the scheme will see the closure of Heena Goalhi and Raiyvilla Magu in Henveiru ward to vehicles, including bicycles.

“We will also establish special parking zones for people from houses on these roads, special permits will be given to them to park in these parking zones”, Muizzu explained.

President Abdulla Yameen has previously pledged to ban traffic in narrow lanes in Malé in order to ease congestion in the densely crowded city of 130,000 people, allowing space for children to play.

Transport Authority chairman Abdul Rasheed Nafiz said that the measures would need to go hand-in-hand with a reduction in the number of vehicles in order to find long-term solutions to traffic congestion.

Although the government has not finalised the measures, Nafiz said that current proposals included the halting of vehicle registration renewal for vehicles older than 15 or 20 years, with new vehicle registration open only allowed as older vehicles are taken out of use.

“The new slots will go to the highest bidder. We think this is the most fair manner in which we can do this,” Nafiz said.

Muizz today noted that a ministry survey had shown that some areas involved in the pedestrianisation scheme have storage facilities and garages, but that those businesses will be required to load and unload goods by parking outside the pedestrianised areas.

People who park their two wheeled vehicles inside their homes will be allowed to walk their vehicles to the houses inside the no-vehicle areas.

“Physical obstructions will be put in place and traffic police will be monitoring the area to ensure vehicles do not enter. We will ensure there is enough space for wheelchairs and such,” said Muizzu.

According to the ministry, the pilot project will continue with the closure of more roads in all wards along with Henveiru – including Galolhu, Machchangoalhi and Maafannu – until June 8.

Nafiz explained that the stickers assigned to vehicle owners of the residences in the pedestrianized zones will be given free of charge and must be displayed.

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High Court cannot deliberate on Hulhumalé court bench

The High Court has decided today (February 9) that it does not have the jurisdiction to deliberate on the process in which the Hulhumalé Magistrate Court’s bench was formed.

The ruling was made with regards to a procedural issue raised by the Judicial Services Commission (JSC) after former President and Maldivian Democratic Party (MDP) leader Mohamed Nasheed had challenged the legality of the bench.

The judicial watchdog had raised a procedural issue, claiming that the High Court does not have the jurisdiction to oversee the case as the bench had been formed on the advise of the Supreme Court.

The controversial court was formed specifically to oversee Nasheed’s trial for the January 2012 detention of Criminal Court Judge Abdulla Mohamed. Legal challenges to the court have seen the case stalled since April 2013.

The opposition leader today urged Maldivians to take direct action against persistent injustices in the courts, while his legal team claimed today’s decision contradicted prior decisions by the High Court to consider related cases.

In the ruling, the High Court bench presiding over the case unanimously decided that under regulations governing the relevant procedure, “there are no grounds on which the case can proceed in this court any further”.

The High Court’s decision read that, under the regulation, the court can deliberate on decisions of the lower courts, but not on their composition.

Today’s hearing was immediately concluded after Judge Abbas Shareef – presiding over the case – read out the ruling.

Nasheed’s legal team has subsequently submitted the case to the Civil Court, again challenging the composition of the Hulhumalé court bench.

“It is not a trial that is being conducted here”: Nasheed

Speaking to press after the hearing, Nasheed said the “trial is being hastened without due process in order to prevent me from getting the protection of the new penal code which would be enacted in April”.

He also accused the government of using the judiciary to threaten and intimidate political opponents, stating that the Maldivian judiciary is unable to deliver a “free and fair trial, especially with regards to cases against me”.

Nasheed claimed that the father of one of the High Court judges was ordered by a lower court to pay a substantial amount of money owed, suggesting undue influence in the case to produce a specific ruling.

Nasheed told press that he will consult both his and other international lawyers regarding his impending trial.

“It is not a trial that is being conducted here,” commented Nasheed, urging Maldivians to stand up against injustice by “protesting and going on strikes” as “this might happen to anyone tomorrow, although it happened to me today”.

Meanwhile, a statement by Nasheed’s legal team argued that the decision of the High Court had contradicted its earlier ruling which found it had the jurisdiction to deliberate on the legality of the Hulhumalé Magistrates Court.

“The High Court had previously decided that the case can be heard in the court and the decision was announced during the trial,” read the statement, noting that two of the three judges present today had delivered the previous ruling.

Judge Ali Sameer and Judge Shuaib Hussain Zakariyya had presided over the case along with Judge Ahmed Shareef before the latter was demoted to the Juvenile Court in August 2014 and replaced by Judge Abbas Shareef.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.



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