Hundreds urge Criminal Court to release Nasheed’s court proceedings

Hundreds of opposition Maldivian Democratic Party (MDP) supporters today urged Criminal Court Chief Judge Abdulla Mohamed to release a transcript of court proceedings necessary for the appeal of former President Mohamed Nasheed’s 13-year jail sentence.

In a letter to Judge Abdulla, over a hundred signatories noted the ten-day appeal period would expire on Monday, March 23, and urged the court to release court proceedings without further delay.

The High Court subsequently informed Nasheed’s lawyers that the appeal period would expire on March 26 (Thursday).

Nasheed was convicted of terrorism on March 13 over the January 2012 military detention of Judge Abdulla in a trial many international and domestic observers called a “travesty of justice.”

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein and the UN Special Rapporteur on Independence of Lawyers and Judges Gabriela Knaul last week urged the Maldives to guarantee that Nasheed’s appeal would respect the most stringent fair trial standards and observe due process.

Speaking to Minivan News today, Nasheed’s lawyer, Hassan Latheef, said the Criminal Court had only provided a summary of the judgment, and said the full court proceedings were necessary for a strong appeal.

Latheef said the High Court’s decision to discount weekends in the new appeal period demonstrated the judiciary’s extraordinary treatment of Nasheed’s case.

The Supreme Court in January issued new regulations reducing the maximum period of appeal from 90 days to ten days. On March 5, in an announcement online, the Supreme Court said the ten day appeal did not include weekends or the day the verdict was issued.

The MDP has previously accused the Criminal Court of deliberately thwarting Nasheed’s attempts to launch an appeal. Meanwhile, the legal team in a statement last week noted the Criminal Court contravened the Supreme Court’s appeal regulations by providing the judgment summary a week late.

Speaking to Minivan News today, MDP MP Eva Abdulla said the possibility of the judiciary providing Nasheed adequate time to prepare an appeal seemed “unlikely, to say the least.”

Eva, MDP MP Ahmed Falah and Independent MP Ahmed Mahloof led the group delivering the letters to the Criminal Court. The crowd set out from the MDP offices towards the Criminal Court at noon, but were blocked at the President’s Office and the Supreme Court.

MP Falah rubs wrists after being handcuffed
MP Falah rubs wrists after being handcuffed

Police detained Falah in a scuffle near the President’s Office. He was handcuffed and taken to the Police HQ, but was immediately released.

When the group reached the Criminal Court, they were pushed behind barricades in a narrow alleyway and police escorted each letter bearer separately into the Justice Building.

After submitting his letter, 27-year-old Shammoon Jaleel said he did not believe justice was possible in the Maldives at present and he had also put a suggestion into a suggestion box at the Criminal Court asking the judiciary to “tear down the justice building and build a park there.”

Shimla Adam, 45, pointed out Nasheed’s legal team did not have enough time to review court proceedings and lodge an appeal even if the Criminal Court provided the report today.

“I do not think President Nasheed will get any justice. I have no hope of things getting better in this country,” she said.

President Abdulla Yameen has previously called on all parties to respect the Criminal Court’s verdict, stating Nasheed had “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

UN rights experts Knaul and Zeid have called on the Maldives to allow international observers including jurists to attend Nasheed’s appeal hearings.

This article was amended to include a statement by the Supreme Court which said the appeal deadline does not include weekends or the day a verdict is issued. 

 

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PPM accuses international community of “double standards and hypocrisy” in Nasheed’s trial

The ruling Progressive Party of Maldives (PPM) has condemned the international community’s “hypocrisy and double standards” with regards to an ongoing terrorism trial against former President Mohamed Nasheed.

Nasheed is accused of abducting Criminal Court Chief Judge Abdulla Mohamed in January 2012. If convicted, he faces a jail term or banishment between ten and 15 years.

Speaking to the press today, MP and PPM Spokesperson Ali Arif said the former president is “close to the international community’s hearts” because he had allegedly “spoken against Islam while abroad.”

The ruling party said “many observers, ‘experts’ and ‘proponents of democratic values’ including many countries and organisations had ignored the many unconstitutional and undemocratic actions of President Nasheed.”

The Commonwealth, EU, Canada, UK, Australia and India have expressed concern over new terror charges against Nasheed, and denial of legal representation and police mistreatment at the trial’s first hearing.

“We wish to ask these observers and organisations whether they really ‘condone the kidnapping of judges.’ Would they call for individuals, and those in positions of authority, to walk free, without any burden of responsibility, after conducting such actions in their own countries?” reads a press statement issued in English.

“Where was the ‘international community’ when the Supreme Court was locked up?” it continued.

The international community had remained “disturbingly silent” when Nasheed “systematically harassed and persecuted” former President Maumoon Abdul Gayoom, “arbitrarily arrested and detained” then MP and current President Abdulla Yameen, Jumhooree Party (JP) Leader Gasim Ibrahim, Adhaalath Party’s Sheikh Imran Abdulla, and current Vice President Dr Mohamed Jameel Ahmed, the statement said.

When Judge Abdulla was detained, “only a few organisations released statements condemning this illegal act,” but today “every minor incident in Maldives warrants a statement by some countries and organisations while many serious and deteriorating situations in other countries are ignored,” it added.

The party called on the international community to respect Maldives sovereignty and not to undermine its institutions.

PPM also accused the opposition Maldivian Democratic Party (MDP) and media of defaming President Yameen and former President Gayoom to “undermine the good name and respect the Maldives holds in the region and the international arena.”

Stressing the PPM remained committed to strengthening and consolidating democracy in the Maldives and protecting human rights, the party said it believed “justice should take its course and no man is above the law.”

The ruling party invited all international parties to come forward and observe the “actual situation” in the Maldives, “which despite distortions of facts perpetuated by some media remain calm and normal.”

Meanwhile, the MDP continues to hold daily protests, with MDP MPs disrupting parliamentary proceedings, while party supporters continue numerous protests in Malé, at the airport and at sea.

Police previously informed Minivan News over 77 individuals have been arrested at opposition protests, with 33 of them being released on condition that they do not go to further protests.

Recently, an open letter signed by 31 global activists and film makers, including Nobel Peace Prize Laureate Jose Ramos-Horta, called on the international community to use all resources to “pressure the government to free” Nasheed and “desist in all human rights abuses against him immediately.”

Ramos-Horta and Benedict Rodgers, the deputy chairman of the Conservative Party Human Rights Commission in the UK, in a Wall Street Journal op-ed on March 9 called for international sanctions against the Maldives.

“Options include targeted sanctions, freezing the overseas assets of senior members of the regime and suspending the Maldives from the Commonwealth. Tourists should consider boycotting the Maldives, especially resorts owned by regime cronies,” they wrote.

Australian Senator James McGrath has also described the trial against Nasheed as a “state planned judicial assassination,” saying that President Abdulla Yameen was becoming the “Robert Mugabe of the Indian Ocean.”

Foreign Minister Dunya Maumoon has previously condemned international statements of concern, saying: “No foreign power can tell Maldives what to do under President [Abdulla] Yameen.”

“To criticize us in public statements with lies or based with having only heard the opposition’s point of view is not acceptable. The government will not accept these statements and will not pay any attention to them,” Dunya said.


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Global change makers demand a fair trial for Nasheed

Global change makers have demanded a fair trial for former President Mohamed Nasheed, imprisoned ahead of a terrorism trial over the 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

An open letter signed by 31 global activists and film makers, including Nobel Peace Prize Laureate Jose Ramos-Horta, called on the international community to use all resources to “pressure the government to free” Nasheed and “desist in all human rights abuses against him immediately.”

Nasheed was arrested on Februrary 22 after Prosecutor General Muhthaz Muhsin alleged the opposition leader may abscond from an unannounced terrorism trial scheduled for the next day.

Nasheed has denied ordering Judge Abdulla’s arrest. If convicted, he faces a jail term or banishment between ten and 15 years.

The letter’s prominent signatories include, environmentalist and co-founder of 350.org Bill McKibben, Robert F. Kennedy Jr, President of Friends of the Earth Erich Pica, and Oscar nominated documentary film maker Robert Stone.

“We firmly believe that international pressure on the regime can help to end the illegal and politically motivated trial against President Nasheed,” read the letter.

The Commonwealth, UN, EU, Canada, India, UK and Australia have expressed concern over Nasheed’s arrest, denial of legal representation, and mistreatment by the police.

Foreign Minister Dhunya Maumoon has previously condemned international statements of concern, saying: “No foreign power can tell Maldives what to do under President [Abdulla] Yameen.”

“To criticize us in public statements with lies or based with having only heard the opposition’s point of view is not acceptable. The government will not accept these statements and will not pay any attention to them,” Dunya said.

Also amongst the signatories are Director of acclaimed documentary “The Island President” Jon Shenk and Producers Dan Cogan, Richard Berge and Bonni Cohen.

Speaking to Huffington Post, Cogan called the proceedings Nasheed “a kangaroo court set up to convict him and it should be very concerning for anyone who believes in the rule of law and democratic government.”

Meanwhile, Former US Vice-President and climate change advocate Al Gore tweeted that the “eyes of the world” are watching Nasheed’s trial and said he must be given a “fair and just trial.”

The government has however claimed it has no influence over Nasheed’s trial, arguing charges were pressed by an independent Prosecutor General. President Yameen taking a stand on Nasheed’s trial amounted to interfering in the judiciary, the government has said.

“Judicial Assassination”

Addressing the Australian Parliament last week, Senator James McGrath described the trial against Nasheed as a “state planned judicial assassination,” and said President Yameen is becoming the “Robert Mugabe of the Indian Ocean.”

“[Nasheed] has been arrested on trumped-up charges, denied legal representation, assaulted by police and faces an unfair trial that will ultimately end in the denial of his  presidential ambitions,” said McGrath.

Mcgrath warned that President Yameen’s administration has “hastened its slide into tyranny,” with police conducting illegal arrests and searches, allegedly planting evidence and breaching constitutionally guaranteed rights.

He further said that the courts have “abrogated their duties under the democratic constitution of the Maldives,” by breaching the separation of powers, denying rights to legal representation and abusing fundamental judicial processes.

“The real purpose behind these actions by the Maldivian state is abundantly clear: to silence all opposition to Yameen’s government,” McGrath claimed.

The Australian senator for Queensland also alleged that the government is “all but refusing help” in the search to find Minivan News Journalist Ahmed Rilwan, who went missing in August last year in what is believed to be an abduction by radicalized gangs.

Indian Prime Minister Shri Narendra Modi has also dropped the Maldives from an upcoming tour of Indian Ocean neighbours.

The Maldives Foreign Ministry claimed in a statement on Friday that the Prime Minister’s visit “has been postponed to a later date by mutual agreement,” but President’s Office Minister Mohamed Hussain Shareef ‘Mundhu’ told the Associated Press (AP) the Indian government informed the Maldives the visit was cancelled because the “local environment is not conducive.”

Nasheed’s arrest follows the arrest of former Defense Minister Mohamed Nazim on charges of terrorism and treason. Nazim is currently standing trial on charges of importing and possessing illegal weapons after police discovered a pistol and three bullets in his apartment during a midnight raid.

Nazim has accused the police of planting the weapons to frame him. The police have dismissed Nazim’s claims.


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

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

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

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14 MDP women arrested from “last warning” protest at airport

The Maldives Police Services arrested 14 opposition Maldivian Democratic Party (MDP) female activists at 3:00pm from a protest at the Ibrahim Nasir International Airport (INIA).

The women were carrying posters calling for the release of former President Mohamed Nasheed, currently in police custody until the end of a controversial terrorism trial.

The MDP this week scaled up its protests, with letter campaigns, daily protests and motor cycle rallies under the banner “a last warning.”

A police spokesperson said the Freedom of Assembly Act bars protests at airports. Among those arrested are Deputy Mayor and MDP Women’s Wing President Shifa Mohamed and Women’s Wing Vice President Shaneez ‘Thanie’ Saeed.

Nasheed is charged with terrorism over the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012. The charges come amidst increasing tension in the Maldives following the MDP’s alliance with former ruling coalition partner Jumhooree Party (JP).

Shortly after the alliance was formed, police arrested President Abdulla Yameen’s Defense Minister Mohamed Nazim over a controversial weapons discovery at his house during a midnight raid.

Last warning

Speaking to Minivan News, MDP Vice President Mohamed Shifaz said President Yameen had failed to listen to the people despite over 10,000 people taking to the streets in protest of what they call a lurch towards authoritarianism on February 27.

“On February 27 the people of Maldives showed that they are against the unjust prosecution of President Nasheed. But the government did not listen. So we will escalate our activities and see how far we have to go in order for the government to listen to us,” he said.

The MDP has planned a boat protest on the seas near Malé at 4pm on Friday and a rally in Malé on Friday night.

“This is a warning call. The government has to listen to its people,” Shifaz said.

The MDP claims the terrorism charges against Nasheed are unjust and have pointed to several irregularities in the trial, including two of the three judges in Nasheed’s trial having provided witness statements during a 2012 investigation into Judge Abdulla’s arrest.

The judges refused to step down from the bench and have ordered state prosecutors and defense lawyers not to name them as witnesses.

President’s Office Spokesperson Ibrahim Muaz Ali said the government welcomed peaceful political activity conducted within the limits of the Constitution.

“Violating the rights of people who are not joining your cause, or damaging their businesses and goods are not activities within the boundaries of the law,” he said.

Meanwhile, Commissioner of Police Hussein Waheed today said the opposition’s protests were aimed at discrediting and defaming the police, and said the police force had always followed best practices and continued to respect human rights in its interactions with protesters.

Police ranks would remain united despite the opposition’s attempts to disrupt public order through its daily protests, Waheed told 31 officers participating in a public order training today.

“Unfair verdict”

Speaking to opposition aligned Raajje TV, MDP Chairperson Ali Waheed today said the party would not respect an unfair verdict against Nasheed.

“We are in this struggle assuming there is a verdict against President Nasheed already. But we will not consider Nasheed’s candidacy to be void even due to this verdict, because this trial is unjust,” Waheed said.

Waheed’s comments came after a joint MDP and JP meeting with Home Minister Umar Naseer this morning.

He dismissed rumors that MDP would hold a General Assembly and elect a new President if Nasheed is convicted.

“MDP will not go on with our usual political agenda after sacrificing Nasheed’s freedom. That will not happen as long as I am the Chairperson of the party. We will not stop our work until we find solutions to the present problems and we will explore all channels in doing so.”

Waheed warned the government of increased unrest if Nasheed is to be jailed and called on the government to initiate reconciliatory talks.

“The government is mistaken if they think Maldives will stay calm after unjustly imprisoning Nasheed. Maldives will slide back 30 years. We will not stop our work to free President Nasheed. I want to say to the government that our nation will only be calm if our problems are sorted out through reconciliation,” he warned.

Despite the government’s claim it has no power over Nasheed’s prosecution, Waheed argued the responsibility rests on President Yameen’s shoulder.

“I believe the judiciary and other independent institution need to be reformed. But considering the situation of the nation we can’t blame them alone. President Yameen has to take full responsibility.”

Nasheed will come back stronger, he assured party members.

“In the few minutes that I was able to meet with Nasheed in Dhoonidhoo I saw confidence in him. He has sacrificed all his life for this ideology, for MDP. God willing Nasheed will come back even stronger.”

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Defense Minister Jaleel granted three days to appoint a lawyer in terrorism trial

The Criminal Court has granted Defense Minister Moosa Ali Jaleel three days to appoint a lawyer and answer terrorism charges for his role in the 2012 military operation to detain Criminal Court Chief Judge Abdulla Mohamed.

Jaleel was the Chief of Defense Forces at the time of Judge Abdulla’s arrest. Following the controversial transfer of power in February 2012, Jaleel was dismissed from his post.

He subsequently signed on to the ruling Progressive Party of the Maldives in 2013 and ran in the party’s parliamentary primaries in 2014.

Jaleel was appointed to the Defense Minister’s post after former defense minister Colonel (retired) Mohamed Naizim was arrested and accused of possessing dangerous weapons last month.

Former President Mohamed Nasheed and his former Defense Minister Tholhath Ibrahim Kaleyfaanu, are also facing the same charges under the terrorism act, and have been given three days to appoint a lawyer at the Criminal Court.

Nasheed’s lawyers have alleged the opposition leader has been denied the right to legal counsel and the right to appeal prior to the court hearing.

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Nasheed’s constitutional rights violated in three year trial, says legal team

Former President Mohamed Nasheed’s legal team has called on Prosecutor General Muhuthaz Muhsin to drop criminal charges, claiming the opposition leader’s constitutional rights had been violated for three years on pending “unlawful” charges.

Muhsin on Monday withdrew charges against all former government and army officials accused of detaining Criminal Court Chief Judge Abdulla Mohamed for further review. The withdrawal came amidst Nasheed’s challenge of the process by which judges were appointed to an extraordinary bench to oversee his trial.

The offense carries a maximum jail term of three years under Article 81 of the Penal Code, but will carry a reduced sentence in the new Penal Code scheduled to come in to force in April.

“President Mohamed Nasheed’s charges have been pending without a verdict for three years. In those three years, he has been deprived of his constitutional and legal rights and the trial has affected his political career,” said Nasheed’s lawyers in a letter to the PG.

Nasheed was first summoned to court in 2012, but the trial was stalled in 2013 when the High Court began to review the composition of the bench. After a two-year hiatus, the High Court on February 9 threw out Nasheed’s complaint, paving the way for the trial to restart at the Hulhumalé magistrate court.

However, the former president’s legal team immediately launched a new challenge at the Civil Court. Meanwhile, the Maldivian Democratic Party accused the PG of attempting to expedite the case before the enactment of the new Penal Code in order to bar Nasheed from contesting the 2018 presidential polls.

Nasheed’s lawyers today contended the PG is not authorized to take up the charges in court for a second time.

MDP has describing the case among many “unjust obstacles to the party and President Nasheed.” Further pursuit of the case only “serves the government’s political agenda” the party claimed.

Judge Abdulla’s arrest led to daily protests on the streets of the capital, culminating in a police and army mutiny and Nasheed’s resignation on February 7.

Jumhooree Party Leader Gasim Ibrahim, a key figure in Nasheed’s ouster, has called on the state to drop charges, describing charges as “out of line with national and public interest.”

In January, the MDP and JP formed an alliance against President Abdulla Yameen’s claiming his administration has repeatedly violated the constitution.

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Maafushi Court introduces Video Conferencing

Maafushi Court has started using video conferencing technology during court proceedings, writes CNM.

The video conferencing technology was inaugurated in a special ceremony today by Chief Judge at the Criminal Court Abdulla Mohamed.

The court informed media that with appropriate use of the technology, it will be able to save approximately MVR1 million (US$65,000) per month.

CNM reported that the state has had to spend excessive amounts on transporting criminals held at Maafushi Prison for remand trials in the capital Malé.

Source: CNM

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High Court concludes hearings into Criminal Court’s rejection of Thinadhoo terrorism cases

The High Court today concluded hearings into an appeal by Prosecutor General’s (PG) Office requesting the repealing of a Criminal Court decision to throw out charges of terrorism against 89 individuals from Gaaf Dhaal Thinadhoo Island.

Criminal Court Chief Judge Abdulla Mohamed had dismissed the charges, claiming the PG’s Office was refusing to cooperate with the trial after state prosecutors’ failure to turn up to a trial scheduled for 10am on Saturday, November 22.

PG Muhthaz Mushin has requested the High Court to rule the Criminal Court’s dismissal of the case through a letter as unlawful and to order the terrorism trials to continue.

The 89 defendants faced terrorism charges for allegedly setting fire to the island’s police station, court building, and several police vehicles during nationwide unrest on February 8, 2012 in the wake of former President Mohamed Nasheed’s controversial resignation the previous day.

State prosecutor Shaudha Shameem challenged the Criminal Court’s decision claiming state prosecutors had telephoned and informed the court in advance that they would not be able to attend the hearing on Saturday, November 22.

She contended the Criminal Court had attempted to handover summons to court outside work hours on November 22, Thursday.

But state prosecutors refused to accept summons, as Saturday is not a working day, and because the court had initially scheduled hearings for November 23 instead of November 22, she continued.

Shaudha argued that the Criminal Court could only throw out charges in a courtroom in the presence of the plaintiff and defendant, and claimed Judge Abdulla had failed to follow due procedures in dismissing the case.

She noted that the Criminal Court had previously consulted state prosecutors in scheduling hearings given their busy work schedule.

Two of the 89 facing terrorism charges intervened in the case. with their lawyers – Ibrahim Riffath and Hisaan Hussein – saying the Criminal Court had followed due process by informing the PG’s Office of the November 22 hearing via a letter on the afternoon of November 20.

Hisaan said a presiding judge is authorised to dismiss charges if the plaintiff fails to abide by the judge’s orders, and said a judge has the discretion to decide on the validity of reasons provided for failure to attend hearings.

State prosecutors must not receive special exemptions, she contended.

Meanwhile, Riffath suggested the PG’s Office was lax in cooperating with the trial, pointing out the state had only been able to provide witness testimony during two of the eight hearings.

The High Court bench has said it will issue a verdict in the next hearing. A date for the verdict has not yet been set.

Muhthaz has since resubmitted the cases to the Criminal Court twice. The court rejected the cases on Monday claiming it had no guarantee of cooperation from the PG office.

The PG office submitted cases again yesterday with a letter pledging full cooperation.

Defence lawyers have previously criticised Judge Abdulla’s earlier decisions during the hearings.

Last week, the chief judge ordered 55 of the 89 defendants be held in detention pending the outcome of the trials, claiming the accused were intimidating witnesses. All have subsequently been released.

Defence lawyers have described the judge’s decision to hold the accused in custody as “most unusual” as the identities of state witnesses were not disclosed and had their voices disguised in order to protect their identity.

Around 80 people from Addu City are also currently facing terrorism charges in relation to unrest in the southernmost atoll on February 8.



Related to this story


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Criminal Court rejects Thinadhoo terrorism cases

55 Thinadhoo arson suspects detained until end of trial

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55 Thinadhoo arson suspects detained until end of trial

Fifty-five of the eighty-nine individuals facing terrorism charges in relations to violence in Gaafu Dhaalu Thinadhoo on February 8, 2012, have been detained until the end of the trial.

Criminal Court Judge Abdulla Mohamed told the court today that information had been received regarding the intimidation of witnesses, prompting the decision to hold a number of suspects until proceedings are completed.

The island’s atoll council office, its court building, police station, and several police vehicles were set on fire following the contested resignation of President Mohamed Nasheed on February 7, 2012.

Nine policemen were attacked, while police officials at the time declared the area unsafe for local policemen as Maldivian Democratic Party supporters had threatened to attack the residences of policemen.”

MDP lawyer Hisaan Hussain criticised today’s decision, saying: “We condemn this collective punishment which is not in line with our constitution or international law.”

Another lawyers familiar with case described the decision as “most unusual”,noting that the identities of state witnesses are not disclosed and have their voices disguised in order to protect their identity.

Defence lawyers have requested a written copy of the order to begin the appeal process but have yet to be provided with the relevant documents.

Hearings in the case began on October 1, while the trial of juvenile offenders in the same case is also nearing completion this month. Around 80 people are also currently facing terrorism charges in relation to unrest in Addu during the same period.

Acts of arson are considered terrorism under the Terrorism Prevention Act enacted by the administration of former President Maumoon Abdul Gayoom. The offence carries a jail term of between 10 to 15 years.

The MDP has contended that the trials against dozens of the party’s members and supporters in Addu City and Thinadhoo were acts of intimidation, accusing the government of threatening to prosecute persons who participate in MDP activities.

Hisaan today also criticised the use of a single judge – Abdulla Mohamed – in the 300-400 cases ongoing in relation to the February 8 unrest, calling the entire process “highly politically motivated”.

The detention of Judge Abdulla Mohamed in January 2012 – following repeated obstruction of investigations into his conduct – led to the intensification of anti-government protests, culminating in policemen mutinying on the evening of February 6.




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