The Maldivian government, responding to the UN working group on arbitrary detention today, contended that a terrorism conviction against former president Mohamed Nasheed was not politically motivated and said allegations over lack of due process are factually incorrect.
Nasheed’s family had lodged a petition with the UN in April requesting a judgment declaring the opposition leader’s detention illegal and arbitrary. The government was asked to respond before the first week of July.
“Mr Nasheed has not been a victim of a politicised process. He has been properly charged and faced trial for an extremely serious offence, one that was aimed at interfering with an independent judiciary and circumventing the rule of law. The law cannot be applied selectively,” said Ahmed Shiaan, the ambassador of the Maldives to Belgium.
Nasheed was sentenced to 13 years in jail over the military’s detention of the criminal court chief judge Abdulla Mohamed in January 2012.
Shiaan and Toby Cadman, a barrister and partner at London-based Omnia Strategy, delivered the response to the UN in Geneva today.
Cadman said any lapses in due process were not “so serious individually or collectively so as to render the entirety of the proceedings a flagrant denial of justice. And thus render the former president’s detention arbitrary. Moreover, it is important to note that any of the irregularities, actual or perceived, are capable of being addressed on appeal.”
The 19-day trial was criticized by foreign governments and UN rights experts. The UK Prime Minister David Cameron, the EU parliament and high profile US senators have called for his immediate release.
Nasheed was transferred to house arrest in late-June in exchange for opposition backing on a constitutional amendment that will allow President Abdulla Yameen to replace his deputy. Talks are now ongoing between the Nasheed’s Maldivian Democratic Party and the government.
Speaking to the press in Geneva, Shiaan contended Nasheed’s petition to the UN was an attempt to divert attention from his “abduction” of a sitting criminal court judge.
Nasheed’s lawyers have argued that the trial was rushed and that the criminal court had withheld trial records to block an appeal. Lawyers have also raised concern over the denial of legal counsel at some hearings.
Shiaan, however, said the allegations are factually incorrect and a mischaracterization of reality.
Cadman stressed the trial was “conducted under a process recognized under national and international law” and “not arbitrary by any standards.”
“We are confident they will dismiss the communication by the former president in its entirety,” he said.
Cadman insisted Nasheed could still appeal his conviction at the High Court and denied that the criminal court had deliberately withheld trial records to block an appeal. Nasheed and his lawyers had refused to sign the records, he contended.
Admitting that Nasheed was not given legal representation at the first trial, Cadman claimed the process was legal under Maldivian law. The former president’s lawyers had later boycotted hearings, he said and suggested Nasheed refused to make use of opportunities provided by the criminal court to appoint new counsel.
Nasheed was brought to trial a day after his arrest. He wasn’t allowed legal counsel at first hearing with the criminal court saying it’s regulations requires three days to register lawyers for defendants. Nasheed’s lawyers later recused themselves claiming they could not mount a proper defense with the criminal court rushing the process.
Hearings were often held late at night. The verdict was delivered at 11:15pm.
But Cadman today insisted the trial was not rushed as no new evidence had been submitted against Nasheed.
All the materials had been provided in 2012 when Nasheed was first charged with ordering an arbitrary detention of the judge. “The only difference was the qualification of the offence under national law,” Cadman argued.
While the first offence only carries a few months in prison, the latter charges of terrorism carry at least ten years in prison. Nasheed’s lawyers argued they required more time to weigh the evidence in light of the harsher charges.
The opposition leader contends the criminal court had blocked him from filing an appeal within the shortened 10-day appeal period. The new provisions, dictated by the Supreme Court shortly before Nasheed’s trial commenced, are silent on accepting late appeals, his lawyers have said.
Whilst the UK government professed its commitment to the India-brokered road map talks in the UK’s House of Lords this week, in less official forums MPs appeared to have reached a damning verdict on the current Maldives administration, discussing punitive measures and demanding apologies for perceived sleights.
Lord Howell of the Foreign and Commonwealth Office (FCO) avoided any conclusive statements in the face of questions from the House regarding the legitimacy of President Mohamed Waheed Hassan’s government, promising only support for the work of the Commonwealth and the Commission of National Inquiry.
This followed a meeting the day before of members of the All Party Parliamentary Group (APPG) on the Maldives who used offices provided by the UK Parliament to hold a meeting entitled “Democracy Derailed: Political turmoil in the Maldives”. A source present during the meeting has given Minivan News their full account of the discussion.
The source, who wished to remain anonymous, said that those who spoke about the current situation in the country were the MP for Salisbury, John Glenn; Queen’s Counsel, Sir Ivan Lawrence; former Foreign Minister for the Maldives government and current UN Special Rapporteur on Iran, Dr Ahmed Shaheed, and former Deputy Health Minister Mariya Ali.
Also said to have contributed to the panel were Helen Grant MP, Mike Gapes MP, and former Maldives High Commissioner to the UK Dr Farahanaz Faizal.
Dr Faizal has actively opposed the current administration since resigning from her position, shortly after the departure of former President Mohamed Nasheed. She has since remained in the UK, working on behalf of the Maldivian Democratic Party (MDP) in raising awareness of perceived human rights abuses and democratic failings in the Maldives.
The former Deputy High Commissioner and brother to President Dr Mohamed Waheed Hassan, Naushad Waheed, was also present as were Maldivian students and families from the UK. Representatives of civil society organisations including the Commonwealth Human Rights Initiative and Third World Solidarity were also in attendance.
Chairman David Amess reportedly opened the meeting by expressing his disappointment that the Maldives government had declined to send a representative from the UK High Commission, despite being offered the opportunity to do so.
This has been disputed by Acting High Commissioner to the UK, Ahmed Shiaan, who claimed that the UK High Commission had received no official invitation.
The MP from Salisbury, John Glenn, expressed “no doubt” that there had been a coup d’etat in the Maldives, our source reports.
“[The] democratic will of the people of Maldives has been tossed aside,” Glenn is alleged to have told the group before mentioning his distress at the comments recently aimed at both the UK and the Commonwealth by the Maldives’ new governing coalition.
Glenn’s Salisbury constituency served as the base for former President Mohamed Nasheed during his exile in the UK. The Friends of Maldives (FOM) organisation, responsible for a recent travel advisory which pleads with tourists to avoid any resorts associated with alleged coup conspirators, is based in Salisbury.
Perceived interference from the Commonwealth, whose Secretariat is based in London and whose figurehead remains Queen Elizabeth II, has attracted scathing criticism recently in the Maldives.
Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed accused the Commonwealth Ministerial Action Group (CMAG) as having been “bought by the Maldivian Democratic Party (MDP)” after it had urged the current government to establish its legitimacy with early elections.
CMAG released a strongly worded statement last week, arguing that the “the earliest possible expression of the will of the people was required to establish universal faith in the legitimacy of those who govern the country.”
That the group had seen a “lack of progress” in this respect caused it to express “disappointment and deep concern.”
Special Envoy Sir Donald McKinnon, who departed on Friday, attended the Opening Session of the People’s Majlis on 19 March, emphasised the need for parliament to “function effectively so that parliamentarians can return to debating issues of national interest.”
President’s spokesperson Abbas Adil Riza last week went as far as to suggest to Minivan News that the Maldives may consider its position in the Commonwealth, although the reporting of his statement was later dismissed by Abbas in other media as “politically motivated”.
Addressing the all party group, Sir Ivan Lawrence is said to have spoken of his lack of faith in the Maldives’ judicial system, based on his visits to the country during the Maumoon Gayoom era.
“It is now surely important for the same international community that helped to bring about the first democracy, to underline the importance to the new regime of holding speedy free and fair elections, so that power may be restored as quickly as possible to the people of the Maldives,” Sir Lawrence purportedly quoted from a letter he had recently sent to UK newspaper, The Times.
Mariya Ali is alleged to have discussed human rights violations in the Maldives as well as police brutality, before giving the floor to Dr Shaheed who is reported to have suggested that the Gayoom coterie lost their grip on power as a result of attempts to placate the international community.
Dr Shaheed apparently expressed his opinion that they were unlikely to repeat this mistake, citing Dunyha Maumoon’s comments regarding “civil war” as evidence of this resolve. Shaheed stated that the current government will not hold early elections, but rather will work to enfeeble the opposition MDP between now and the scheduled poll date.
Shaheed is also said to have expressed his concern that the independently minded Election Commissioner Fuad Thaufeeq would now be targeted by the current government due to his reputation for impartiality.
Insult and injury
The debate is also said to have included mention of the recent insults leveled at the Queen, the Commonwealth, and the UK government.
During DQP MP Riyaz’s diatribe on DhiTV, he argued that the British public had funded the MDP in return for the establishment of churches in the Maldives and also that they hated the Maldives for gaining independence from Britain.
“The English hate us. Why? Because Ibrahim Nasir saved us from slavery and brought us independence, since then what have the English done for us?” he said.
Riyaz then turned his attention to the Queen herself, “After 50 years, the English Queen, she is physically challenged. But she is still Queen, and if she wants she can remove the Prime Minister. Where is democracy? Where is democracy? That is not a democracy.”
In agreement with the opinion of a member of the public in attendance, David Amess is reported to have said that the government of Maldives should issue a full apology for Riyaz’s outburst and, in concurrence with the other members of the APPG, he argued that the issue should be brought before Parliament.
Additionally, Amess is reputed to have stated his feeling that the attendance of President Waheed at the Queen’s Jubilee celebrations this year would be inappropriate.
Minivan News has obtained video footage of this section of the discussion and can confirm an unidentified voice from off-camera suggesting an early-day motion regarding this topic.
Early day motions are a tool used by MPs in the House of Commons to introduce a subject for discussion. They are often used to publicise certain events or subjects and to gauge the level of parliamentary support for such motions.
Finally, the meeting is said to have moved on to punitive measures. The alleged consensus was that European travel bans had greater potential to damage those alleged to be behind a coup. The option of resort boycotts was dismissed as too damaging to the Maldives’ economic lifeblood.
The video footage received also includes Mr Amess’s concluding statements and so the following quote can be confirmed:
“Ladies and gentlemen, we started off our meeting asking has democracy been derailed, is there political turmoil in the Maldives? Well, listening to the contributors before us this afternoon, the answer to the first part is ‘yes’. Political turmoil in the Maldives? Again we’ve heard the answer, ‘yes’.”
The validity of this meeting has been questioned by the Acting High Commissioner, Ahmed Shiaan.
“This was not a UK parliamentary initiated event. If this was an official APPG event, we should have been invited. It is very disappointing,” said Shiaan, “[If it were] they would have to get our perspective, even the Foreign and Commonwealth Office [FCO] wasn’t invited.”
Shiaan pointed out that the discussion initiated in the House of Lords on March 22, at which the FCO was represented, should receive more prominence as it better represents the official line of the government.
When Lord Howell of the FCO was in the Lords about the potential suspension of the Maldives from the Commonwealth, his response was that this decision was up to the whole of the Commonwealth to decide upon, not just one member.
“We must move to encourage democratic elections, and that is what is proposed in the India-brokered plan, which we welcome and support,” said Lord Howell.
One member of the House asked if Lord Howell felt the government was doing enough to ensure an independent international enquiry after what was regarded by some as a coup.
“We do not recognise this as a coup, although obviously there has been a change,” replied Lord Howell, “We still need to establish the full circumstances of what occurred and we hope that the commission of inquiry will do that.”
Lord Howell was also anxious to make clear the view of the FCO that the Maldives remained a safe tourist destination. “At the moment we do not judge that there is any danger in the tourist areas.”
Next, Lord Howell was asked what steps CMAG might take if they were not successful in pushing for early elections, to which he responded:
“If they are not, of course we would have a new and more difficult situation that would require further resolution and effort. For the moment, we concentrate on following the plan which the Indians have so helpfully brokered.”
Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed, part of the new governing coalition, accuses the Commonwealth of seeking to build a church in the Maldives, Special Envoy Sir Donald McKinnon of taking bribes from the MDP, and the Queen of being “physically challenged”: