The Human Rights Commission of the Maldives (HRCM) has concluded former President Mohamed Nasheed was the “highest authority liable” for the military-led detention of Criminal Court Chief Judge Abdulla Mohamed.
Along with Nasheed, the report concluded that the former president’s Defence Minister, Tholhath Ibrahim Kaleyfaanu, was a second key figure responsible for the decision to detain Judge Abdulla on January 16.
The commission stated that the judge was not physically harmed during the 22-day detention at the military training island of Girifushi. However, the HRCM did claim that the government had “violated his human dignity” and made attempts to manipulate the judge through a psychologist who visited him at the facility where he was detained.
These alleged attempts at manipulation were said to include efforts to remove the judge from his senior position, as well as forcing him to leave the country, the commission’s findings stated.
“The investigation reveals the highest authority liable for the arrest and detention of Judge Abdulla at Girifushi, as well as depriving him of fundamental constitutional rights, is former President Mohamed Nasheed. Under him was the former Minister of Defence and National Security Tholhath Ibrahim Kaleyfaanu who gave orders to the Maldives National Defence Force (MNDF),” the HRCM added.
“Furthermore, as this operation was carried out by the MNDF, the [commission] believes that the Chief of Defence Force, Moosa Ali Jaleel should take responsibility. Those who issued unconstitutional orders and those who obeyed the orders must also share responsibility on various levels,” the commission added.
The commission’s findings released on Tuesday (August 21), concluded that Judge Abdulla’s arrest was a clear violation of both the country’s laws and its constitution. The report also stated that judge’s human rights and fundamental freedoms, guaranteed under international law, were also denied.
HRCM explained that its investigation had found that the pair were both behind the “unlawful orders” to approve the judge’s arrest, which was a violation of article 46 of the Constitution, particularly violation of Article 12 clause (a) of the Judges Act.
Article 44 of the Maldives Constitution states: “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”
Article 12 clause (a) of the Judges Act states that a judge can be arrested without a court warrant, but only if he is found committing a criminal act. The same article also states that if a judge comes under suspicion of committing a criminal act or being about to commit a criminal act, they can only be taken into custody with a court warrant obtained from a higher court than that of which the judge presently sits on. This warrant has to be sought by the prosecutor general.
However, the commission observed that the warrant was not obtained. Additionally, orders to release the judge by the Supreme Court, High Court, the country’s lower courts and the prosecutor general were ignored.
Both Nasheed and Tholhath, alongside former Chief of Defence Force Major General Moosa Ali Jaleel, Brigadier Ibrahim Mohamed Didi and Colonel Mohamed Ziyad are already facing charges for their alleged role in detaining Judge Abdulla in January.
The charges include a breach of article 81 of the Penal Code: “Arresting an innocent person intentionally and unlawfully by a state employee with the legal authority or power vested to him by his position is an offence. Punishment for a person guilty of this offence is imprisonment or banishment for 3 years or a fine of MVR 2000 (US$129.70).”
These charges were filed by the Prosecutor General’s Office in July, based on the findings of HRCM investigation, which were not publicly released at the time.
The judge was arrested by the military on request of police after he blocked a summons to present himself to the police headquarters for questioning and later opened the court outside normal hours to order the immediate release of current Home Minister and Deputy Leader of the Dhivehi Quamee Party Dr Mohamed Jameel Ahmed. Jameel was arrested after the President’s Office requested an investigation into so-called “slanderous” allegations he made that the government was working under the influence of “Jews and Christian priests” to weaken Islam in the Maldives.
The government contended that the judge was a “threat to national security” after he lodged an appeal at High Court to cancel police summons, which granted an injunction until it reached a verdict on the appeal.
The Nasheed administration accused the judge of political bias, obstructing police, stalling cases, having 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.
In August 2010, the judge was publicly accused by the police of “obstructing high-profile corruption cases.”
However, the commission’s report concluded that its investigation proved that Judge Abdulla was not a threat to national security, on the grounds that no meeting of the National Security Council was held at the time.
The Commission also observed that its requests and attempts to visit Judge Abdullah were unfulfilled by the MNDF and government. Conversely, it deemed the arrest as an attempt to “influence” his role as Criminal Court chief judge.
The HRCM report also identified what it called breaches of multiple rights and freedoms of Judge Abdullah during the detention process. These were said to include; the right to be treated equal before law and right to the equal protection and benefit [article 20]; right to life, liberty and security [article 21]; freedom to travel or move within and outside the country [article 41]; Procedurally Fair and and lawful administrative action [article 43]; the right to be to be informed immediately of the reasons for detention and to be brought within24 hours before a Judge [article 48(a) and (d) ]; right to the assistance of legal counsel [article 53] and no subjection to cruel, inhumane or degrading treatment or punishment, or to torture under [article 54].
Furthermore, it noted that the arrest of the Judge contravened section 8 of the Universal Declaration of Human Rights which states: “Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.”
Furthermore, violations were said to include, the right he “not be subjected to arbitrary arrest, detention or exile” [section 9] and similarly not being subjected to arbitrary interference with his privacy, family, home or correspondence, nor to suffer attacks upon a person’s honour and reputation. Everyone has the right to the protection of the law against such interference or attacks [section 12].
HRCM has also observed that “anyone who is deprived of their liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful” under section 9(d) of the International Covenant on Civil and Political Rights and the same declaration, section 10(a) states that: “All persons deprived of their liberty shall be treated with humanity and with respect for the inherent dignity of the human person.”
It also states that the “Declaration on the Protection of all Persons from Enforced Disappearance” prohibits the arrest, detention or abduction of a person against their will or otherwise deprived of their liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government, followed by a refusal to disclose the fate or whereabouts of the persons concerned or a refusal to acknowledge the deprivation of their liberty, which places such persons outside the protection of the law.
“Therefore, the [arrest of Judge Abdullah] was carried out in contravention of the aforementioned rights and freedoms guaranteed under the international declarations.” the HRCM concluded.
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This is not going to do anything.
Everybody knows Anni was responsible for Judges' detention. Why he did it is also known to everybody.
But the young population now wants what Anni is offering to them. As far as possible from the Arabian charlatan led way of life, towards a democratic, western model of living.
All the rest are window dressings.
Only Abdullah Gazi had the authority to summon himself,question himself,judge himself and if guilty detains himself,,,,!!
Why didn't he go to questioning by police? cause he is above the law!!??
why did he opened the court off hours??? cause he has the keys or power??
why did he release anyone before investigating or launching an investigation??
If a normal person disobeys a summon by police?,what happens to him/her is known to everyone of us!!!
But Ablo Gazi?? He just can throw any summon in the trash!!
HRCM report will be an igniting spark to a series of abuses by armed forces, governament officials,and HRCM to the very human rights mandate they claim they adhere to..
A worthless report, human rights don't exist in the Maldives, may well have been written by Walt Disney, but at least there would be a happy ending once the wicked villans had been dealt with, but then they are the ones turning a blind eye to real human rights abuses.
There are serious misstatements within this article that amount to defamation.
I have no hope that Minivan will correct it this time around although some times they have taken my suggestions into consideration.
First:
The Criminal Court holds remand hearings during the early hours of the evening as a normal practice. It is not at all unheard nor outside of normal hours as you have consistently claimed in several of your reports. If my word does not suffice, please speak to practicing lawyers in the country and they will say the same thing.
Second:
The Chief Justice of the Criminal Court did not open the court at whatever hours just to order the release of a convicted criminal. He held a remand hearing to decide the validity of the police arrest and detention of Divehi Qaumy Party's Deputy Leader Dr. Mohamed Jameel Ahmed. Dr. Jameel Ahmed was arrested supposedly for "slandering" the government. During this remand hearing Dr. Jameel Ahmed's defense successfully argued that the Police arrest and detention of the opposition leader did not fit into the constitutional requirement that any person can be held for more than 48 hours only if the court is convinced that he is a threat to society if left free. I don't think any amount of twisting and turning by Minivan or any media outlet can make the Judge's decision in this case wrong.
The thing is Abdulla Mohamed has a record of being the only Judge brave enough to stand up to police during the Qayyoom administration and order the release of then MDP activists (not to be confused with the rent-a-mob crowd seen today) held in detention.
The poor man has been attacked enough. His family has been threatened to be removed from the country. It is a wonder that he has managed to live through the horrible injustices, slander and defamation that the current leadership of the MDP put him through just because he refused to tow their line. Shame on you Minivan and every so-called "journalist" from "enlightened Western democracies" for continuing this circus.
Attacking political parties and politicians is all well and good but hounding a man who has never really played a public role in any of this mess is just beyond disgraceful. I am at a loss for words.
One thing is good in Maldives, here people get popular for doing rubbish, child abuser, thieves, dopers, cons are considered as heroes. Here all judges are nuts but Abdula must be above all nuts. His support and popularity is determining factor how corrupted this guy must be. Maldivian are the most notorious people, their rights and wrongs are totally different. Stealing is totally OK if you can justify the stealing, for example you can steal from infidel or from rich people who they believe have earned by ill means. Rape is OK because women are inferior and are basically considered as sex objects. And above all, sins are to be pardoned by Allah once pilgrimage to Makah is done. The purpose of their life is only to make Allah happy and it is very simple, be salve of Allah, kiss the ground five times a day, starve for one month and visit House of Allah once in life time and you are a good human being no matter what s%^t you d.
see Minivan you have touched the most delicate 'nerve' of Kutti, a.k.a. tsk tsk.. hahaha the guys has totally gone off it... Sleep well my dear.
As vile as the man was, by locking him up, Nasheed did give the then opposition a wonderful excuse to run amok on the streets. Not that they needed too much of an excuse though.
I agree. A lot of aspersions have been cast on Abdul Ghazee's charachter and conduct within his courtroom. Going by the sheer numbers that keep repeating such accusations, I admit I'm inclined to believe there is some substance to them, even if they most probably have been exaggerated for political reasons or simply sensationalized by bored idiots trying to tell a good tale.
Howver hearsay is not good enough and unless the MDP can produce evidence that substantiat such accusations (I won't go into the specifics) they should refrain from making them. Otherwise they are engaging in slander.
There is no question about the fact that Nasheed and his colleagues made a serious miscalculation regarding this chap, Ablo Ghazee.
By taking matters into their own hands, and side stepping the very Constitution that these so-called democrats fought for, they dug their own political grave. I can only think of lack of foresight and strategic thinking and even cognitive failure (due to various factors!) for the sheer amount of mistake upon mistake that the Nasheed administration let itself into regarding Ablo Ghazee.
Imagine this episode being played out in a democratic society such as the United States (a country where the President and the peoples' elected representatives are often at logger heads). Do you think that a US President would survive an episode of locking up a judge under his direct orders by that country's armed forces? No, I think not!
It goes far beyond my understanding (...) : how can we have a JUDGE in such position - while he made TWO KIDS re-enact the sexual abuse in front of court and defendant ?
Are you kidding ? Suppose it would have been YOUR KIDS ? ? ?
It is completely SICK JUDICIARY !
Kutti nasheed, finally im here! I really am incapable of uttering something else outside of your dear name!
Charles! you are here, I have allocated time on my busy schedule consisting of suppressing free speech of 36% of the Maldivian population (even less without the coalition which elected them), just to comment on minivan, I came here for you my dear,
Why dont you use your previous name (LOL)?
No matter what the Judge did, threatening, frightening the family was a terrible travesty of justice. The innocent are sacred.
Maldivain Society lol Golhaabo Returns
This respected sadistic sexual deviant Chief Judge Ablo Gahazee walks free and arrests people on suspicion for calling him a Baghee.
The HRCM is a waste of public funds. Close it down and we'd still be no worse off in human rights. It's just there to pay off a bunch of Gayoom loyalists at the expense of the tax payer. Wonder how such people in the guise of human right defenders manage to sleep at night. Must be dreaming of all the cash in their bank accounts.
dear, tsk tsk.
you have made a very good point. but, its worthless trying to correct this propagenda wing of MDP. the so called 'journalists' working here have no integrity. just have a look at their social networking history to get a glimps.
minivan news tactic is to make a lie and to repeat that same lie in all of their articles. for example: in all their coverage of the 'eye from zion' teams visit to maldives, they write that the adhaalath party opposed it because adhalath considers that they will steal the organs from maldivians. this is an absolute lie by minivan news. no adhalath represenatative or no adhalath press release ever claimed anything like that. but still minivan repeat this lie. adhalath, as i know, opposed them because israel is a state which is occupying the 3rd holiest site for muslims and is a country created by expelling millions of muslims from their homeland and is responsible for killing countless muslims daily.
this is a simple example of how much fact twisting and propagenda goes in minivan news.
not an ounce of credibility.
"The thing is Abdulla Mohamed has a record of being the only Judge brave enough to stand up to police during the Qayyoom administration and order the release of then MDP activists (not to be confused with the rent-a-mob crowd seen today) held in detention."
What a judge!!!!!
This is a sad mistake @tsk tsk!
People can buy all the crap you intend to instill within people's mind. But it is not going to erase the mere fact that this Abullah Mohamed is such a seasoned and well groomed person who could possibly hood wink the many mad hatters like you, yourself to think this is his real character, and that he is a good judge!
No! He never was a good judge or can ever be!
He is a crook to the hilt and this release of MDP detainees is for the likes of you to make it a mountain!
Abdulla Mohamed, in fact, is not ever worthy of being an Islamic Jugdge!
Abdulla Mohamed, in fact, should have been facing trial for his crimes, before he President Nasheed could have detained him!
No matter what some people can and will do to white wash this guy, his mere appearance is so dirty it cannot be done so!
A decent and clean judge will have charm and glitter on his face!