“Don’t withdraw the charges – I will not back down from this case,” Nasheed vows, as PG files charges for judge’s arrest

Ousted President Mohamed Nasheed last night responded to criminal charges pressed against him by the Prosecutor General (PG), for the arrest of Chief Judge of Criminal Court Abdulla Mohamed in the closing days of his presidency.

Speaking to his supporters at the Maldivian Democratic Party (MDP) protest camp Usfasgandu, Nasheed stated that he is “very prepared” to justify the reasons for the arrest of Judge Abdulla, and said he was ready to appear in court and prove his actions were valid.

“Even if [the court] asks me to be present tomorrow, I would be present. The court has to be place where justice should be served. The trial system has to be reformed to ensure that it provides justice,” he said.

Nasheed claimed that his political opponents were of the belief that “destroying” him through the court would “kill” the ideology of the MDP, but challenged that this would never happen in the country.

“You can torture me. You can chain me to a chair. You can put me in solitary confinement. You can isolate me from my family. You can harass me and torture me. You can destroy me through the court. But tell you what: you can never kill the ideology of the Maldivian Democratic Party in this country anymore,” he said, as supporters roared in support.

The ousted president stated that the MDP had sought to reform the country, and that these reforms had been steadily carried out.

He further stated that he was steadfast and confident he could “stand up in the courts of law” and prove that his actions reflected the nation’s best interests.

He also emphasised that he did not wish to see the charges now presented against him withdrawn for any reason.

“I, as the president of this country and as the presidential nominee of the MDP, worked for the benefit of the Maldivian people, for their wellbeing and to fulfill the needs of the people of the Maldives. I have not done anything to further my own interests during my tenure as president,” Nasheed said.

Nasheed also dismissed the accusation made by the High Court, Supreme Court and the Prosecutor General (PG) that he had ordered the military to arrest Judge Abdulla unlawfully.

“I did nothing unlawful during my tenure,” he challenged.

He also called on the population to be present at his trial and witness what happened in the court, alleging that the whole case was politically motivated and that his opponents were seeking to gain an unfair upper hand from the “political scandal”.

“This case is a case that I wanted to see coming. This is a case that I want to face myself. I will not back down from this case,” he said.

Nasheed also added that the charges will not keep him from engaging in the All Party Talks, and said that he would be present.

“Even if they imprison me, I am willing to take part in the talks even while in prison. They will never be able to defeat us,” he said.

Nasheed also maintained that an early election will take place by the end of this year.

“We will continue our peaceful protests. Day by day the protests will increase and intensify,” he said.

“We will not give up. Our determination will not weaken. By the will of god, we will bring the good governance that the people of this country want.”

The controversial detention of Judge Abdulla

The Chief Judge was detained by the military, after he had opened the court outside normal hours to order the immediate release of former Justice Minister and current Home Minister and deputy leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel.

Jameel had been arrested on successive occasions for allegedly inciting religious hatred, after he published a pamphlet claiming that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives. The President’s Office called for an investigation into the allegations, and requested Jameel provide evidence to back his claims.

In late 2011 Judge Abdulla was himself under investigation by the judicial watchdog for politically bias comments made to private broadcaster DhiTV. The Judicial Services Commission (JSC) was due to release a report into Judge Abdulla’s ethical misconduct, however the judge approached the Civil Court and successfully filed an injunction against his further investigation by the judicial watchdog.

Judge Abdulla’s arrest sparked three weeks of anti-government protests starting in January, while the government appealed for assistance from the Commonwealth and UN to reform the judiciary.

As Judge Abdulla continued to be held, Prosecutor General (PG) Ahmed Muizz later joined the High Court and Supreme Court in condemning the MNDF’s role in the arrest, requesting that the judge be released.

The police are required to go through the PG’s Office to obtain an arrest warrant from the High Court, the PG said at the time, claiming the MNDF and Nasheed’s administration “haven’t followed the procedures, and the authorities are in breach of the law. They could be charged with contempt of court.”

He then ordered the Human Rights Commission of the Maldives (HRCM) to investigate the matter.

As protests escalated, elements of the police and military mutinied on February 7, alleging that Nasheed had given them “unlawful orders”.

Nasheed publicly resigned the same day, but later said he was forced to do so “under duress” in a coup d’état. Nasheed’s MDP have taken to the streets in the months since, calling for an early election.

Judge Abdulla was released on the evening of Nasheed’s resignation, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, after international concern quickly mounted.

Investigation

Nasheed became the first president to be summoned before the Human Rights Commission of the Maldives (HRCM) when he was asked to testify regarding his role in the arrest of Judge Abdulla in April. Nasheed used his testimony to claim that he had been informed at the time by the Home Ministry that the judge allegedly posed a “national threat” – prompting his eventual detention.

The former president additionally claimed that the Home Ministry had communicated with the Defence Ministry on the situation, which in turn led to the decision to arrest the judge after watchdog bodies like the Judicial Service Commission (JSC) had raised alleged concerns over his ethical conduct.

“I was told that Abdulla Mohamed would not comply with the police’s summons to investigate allegations [against him],” Nasheed later stated at a press conference following the meeting with the HRCM.

“The Home Minister wrote to the Defense Minister that Abdulla Mohamed’s presence in the courts was a threat to national security. And to take necessary steps. And that step, the isolation of Abdulla Mohamed, was what the [Defense] Ministry deemed necessary.”

The HRCM after concluding the investigation sent the case to the prosecutor general.

A second case involving Nasheed has also been sent to the prosecutor general by the police, that involved the confiscation of bottles of alcohol allegedly found at his residence shortly after his presidency ended.

Charges

PG Muizz on July 15 filed charges against former President Mohamed Nasheed and the former Defense Minister Tholhath Ibrahim Kaleyfaanu for their alleged role in detaining Criminal Court Chief Justice Abdulla Mohamed in January.

Nasheed and Tholhath stand charged with violation of the Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal. If found guilty, Nasheed and Tholhath will face a jail sentence or banishment for three years or a Rf 3000 fine (US$193.5).

The case was filed at the Hulhumalé Magistrate Court. In a statement today, Muizz said he intended to levy the same charges against former Chief of Defense Forces Moosa Ali Jaleel, Brigadier-General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad.

Home Minister Mohamed Jameel in a post on social media Twitter has said the “historic criminal trial” is the “first step towards the national healing process.”

Meanwhile, Spokesperson of the Department of Judicial Administration,Latheefa Gasim, told local media that Hulhumale’ Magistrate Court has accepted the case and the hearings will be held after the first 10 days of Ramadan.

She also said that the magistrate court had space limitations and therefore they have been talking to the Housing Development Corporation (HDC) located in Hulhimale about holding the hearings in the reception hall of the HDC office.

“We have been negotiating with HDC to see if they could give us their reception hall to hold the hearings. After what HDC says, we will decide on a date to hold the hearings,” she said.

President Dr Mohamed Waheed Hassan’s spokesperson Abbas Adil Riza told Minivan News at the time that the president will not “interfere with the independent Prosecutor General’s decisions.”

In April, Nasheed told the UK’s Guardian newspaper that he did not want to arrest a judge, but he “just couldn’t let him [Abdulla Mohamed] sit on the bench.”

“There is a huge lack of confidence in the judiciary, and I had to do something, and the constitution called upon me to do that. It’s not a nice thing to do. And it’s not a thing that I would want to do. And it’s not a thing that I liked doing. But it had to be done,” he added.

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16 thoughts on ““Don’t withdraw the charges – I will not back down from this case,” Nasheed vows, as PG files charges for judge’s arrest”

  1. Maldives needs a ruthless military dictator, nothing less...suspend the constitution and dissolve the parliament, anyone...ANYONE talking politics should be ebhind bars, no party system, all party's should be abolished...any gathering of more than 4 people on the street should illegal, nobody should come out of the house after 10pm...END OF STORY... What did you say? International community will not give us money...they can go to hell...what do we get now? atleast we "Maldivians" can live peacefully on the streets of Male' and SLEEP.

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  2. I don't believe anyone except Nasheed himself (through his party) is actually trying to withdraw the charges against him.

    So it seems as if Nasheed is talking to himself. I won't go for the obvious and make jokes about DID and mental instability but Nasheed really needs to maintain consistency in making public statements. It reflects badly on his party.

    Also, if we overlook the Nasheed-regime's arbitrary and unlawful arrest of a Maldivian citizen then we set a bad precedent which will, in the long-run, weaken our Constitution.

    I am truly sorry for Nasheed's supporters but the Prosecutor General should be commended for his bravery in filing these charges. In a rare public statement he did promise that he would charge whosoever is implicated in this crime once an investigation was completed. That investigation was carried out by both police and the HRCM and therefore carries considerable weight.

    Nasheed himself does not deny that he breached the constitution and international norms in arresting the judge outside the legal process. It is ironic that Nasheed who had advocated for criminal procedure reform most of his life was led to this point by his advisers. If I was him I would fire every single one.

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  3. If you put a candle in the middle of monkey’s colony, they will blow it off. You are talking about a country people who have the most dangerously infected brains. They have no idea of what good people are. If you try to do something good, they will have suspicion about your intention. They are brough up in a culture where love, compassion, ethics and value and trust has no means for it. The only word” loabi” is expressed to gratify sexual feeling. They always talk about other’s business like if they are born to mind about what others do. They want you to believe in their filth but they don’t like to share their goodies with you. They will peep in to your private life and will hate you if they think you have something good. These are the people Anni wants to be savior for them. Anni is trying to navigate a wrong ship whose passengers are the byproduct of human race. My advice for Anni is, don’t waste your precious life for such unworthy people. Even those who are behind you are not correct people, they support you, because they believe you are like them and trying to do something I am sure would not be something healthy, If you wish to leave a good legacy by lighting a candle that will carry its light for future generation of Banana republic, your wishful thinking is wrong. These people have been living in a culture that they have never seen good leadership that has worked in the benefit of people, it is an alien concept.

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  4. Gayoom looses election, he decides to retire, give away to thasmeen and leaves the country, anni comes into power, kick stars a ball game that even maumoon couldn't fathom - housing, transportation, universal healthcare etc. etc., maumoon & his cronies ashamed, beaten and embarrassed, didn't want to give all the glory to anni & the street born civilian government, didn't want new people to get rich, tries to stop development by using media and money spread news of corruption, create conflicts and tension between mdp and parties, anni tried to get things done amidst the political unrest as well as the dire economic situation, but still gayoomists didn't let go, ultimately anni was forced to dig up gayooms past, investigate and take them to court, when he tried to do it, gayoomists hijacked the judiciary, anni tried to free the judiciary - the last card! and it let him to his demise,

    NOW

    gayoomists is in power, they will try to get rid of the evidence (just like yamin destroyed his evidence and presidential commission to investigate his fraud and corruption while at STO), they will clear the crimes of all those who were loyal to them, and then try to create another maldives where there is no MDP! No Anni and No democracy as Anni saw it.

    BUT

    MDP has grown too strong to destroy. so this fight will go on and on and on. ultimately boil down to another vote in 2013. where the people will decide and gayoom will try to throw as much money, use corruption and even rig the vote in order to win while anni and international community will try to make sure its a fair vote. for gayoom there is no other option but to win 2013. if he looses, he has been beaten twice, he may not even live long enough to see another election in good health.

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  5. This guy muiz is bloody golaabo's relative, with a big belly hanging....who will be surprise....

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  6. Ahmed, what are you are talking about ? Universal health care is in a big disaster and the first health scheme went for a toss in just over 1 year and then formed new one without having done any maths.

    Transport system : what the hack is this ? This idiot had done nothing except making some paper companies and giving away some Islands to his cronies.

    Yes the guy had been able to be in the lime light for three years using public money to promote himself not the country.

    The country had gnu bad to worse and he himself had gone from street boy to Environmentalist to champion of democracy in the eyes of international community. But truth of the matter is that it is not Anni who brought the democracy to this country and it is the people of Maldives who had brought that change.

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  7. The fact that you can utter all that nonsense proves what Noor and Ahmed said. Ignorant F***s like you are whats wrong with this country. Anni is not the best president, and he had wrong doings. But let the people of the country decide where he belongs in history. It can't be the police or the MNDF. Thats just wrong. Go for a vote and win, We wont say s***!

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  8. The PG should just f**** off. Him, AbloG, Azima Shukoor, Kutti Nasheed and the likes are killing our nation. Just pls, leave this nation to us folks who are here to live. You filthy rich bastards do no good to this country.

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  9. yes that is exactly what the majority of Maldives is calling.

    Majority of Maldivian had been calling for the resignation of the dictator prior to 7th Feb. and then dictator resigned so what.

    According to our constitution , the vice president should take over once the President resigned or dead.

    There is nothing wrong with that. Majority of Maldivian are not MDP members and majority had called for new election but it is only some of the MDP members .

    It is not like the dictator time , wheer Government treats all citizens except MDP members like dogs. This government should respect everyone and treat equally regardless of which party they belong to.

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  10. mode so if majority were on the streets on and prior to the 7th February calling for President Nasheed's resignation. What would you call the crowds that came out in his support since then, that outnumbered those that dozens that were calling for his resignation. A majority minority perhaps?

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  11. Seyku Nasheed is a good person at heart but with his hypocrisy and lies it's difficult to vouch for . He thinks Maldivians live in the 18th century and is as gullible as him.
    Now with the saying that he will confront this case, came the request from MDP to PG to take it back.later tonight at Gamaarufasgadu (how can one group of people hijack the place; democracy or GAMAArucrazy)his loyalists are saying that they won't even participate in an election where Seyku Nasheed is not competing. what kind of injustice is this for people who want to vote for MDP.
    what type of democracy is this?

    guys, this is like going back to the so called cattle herding era where one man ruled the land no matter what.Since MDP came to abolish the so called death penalting(which we don't even have) and to give freedom from religion what category can we put this in???

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  12. @Noor, what you say is a sad truth, it is almost frightening how accurate you are! But, the reality of the Maldivian being like that is socially consructed by a framework of fear and by a skewed set of beliefs, Maldivians are humans like us all deserve the right to be free from suspicion, hate, fear, and be loved and experience humanity, justice

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