Verdict in ‘airport protest’ delayed to August 6

The criminal court has postponed the sentencing of 15 opposition supporters accused of protesting at the main international airport to August 6.

A sentence was expected on June 14, but the court delayed the hearing after presiding judge Sujau Usman was promoted to the High Court last week.

If the sitting judge in a case leaves the court, the case is immediately referred to the Chief Judge, who then has to allocate another judge to oversee the case.

“We still don’t know if a new judge has been allocated to the case. Even then, the new judge cannot immediately issue the sentence. He has to hear the case again,” said lawyer Nazim Sattar.

Some 14 women and one man are being charged with disobedience to order, after they were arrested carrying posters of imprisoned ex-president Mohamed Nasheed at the Ibrahim Nasir International Airport in March.

The 15 belong to the main opposition Maldivian Democratic Party (MDP).

The Freedom of Assembly Act prohibits protests at airports and carries a MVR150 (US$10) fine, or six months in jail, house arrest or banishment.

Nazim contends the group’s actions do not constitute a protest.

“State witnesses include testimonies from the police officers who arrested the individuals. How can that be used to prove they were protesting?” Nazim questioned.

Malé City deputy mayor Shifa Mohamed and MDP women’s wing vice president Shaneez “Thanie” Saeed are among the defendants.

The criminal court had previously conditioned the group’s release from remand detention on avoiding protests. The High Court later said the court’s conditions are unconstitutional.

Shifa has previously accused the criminal court of misconduct and bias in the treatment of those arrested at protests, and said that the individuals are being punished for the same crime twice with the 60 day protest ban.

Judge Usman sat on the three-judge panel that sentenced ex-president Nasheed to 13 years in jail on terrorism charges. The trial was widely criticised for apparent lack of due process.

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Judge may bar defence evidence in ‘airport protest’ cases

A criminal court judge overseeing charges against 15 opposition supporters accused of protesting at the airport has allegedly said he may bar the defence from calling witnesses if evidence by the state is sufficient to prove charges.

Some 14 women and one man were arrested on March 5 while carrying posters calling for former president Mohamed Nasheed’s release at the Ibrahim Nasir International Airport.

The freedom of assembly act prohibits protests at airports. The penalty is a MVR150 fine or a six-month jail term, house arrest or banishment.

Lawyers claimed the women were not protesting, and requested the opportunity to present defence witnesses. But criminal court judge Sujau Usman said if the testimony by ten police officers proves charges, he may not allow the defence to present evidence.

Usman sat on the three-judge panel that sentenced ex-president Nasheed to 13 years in jail on terrorism charges, without allowing him to call defence witnesses.

The UN high commissioner for human rights Zeid Ra’ad Al Hussein described the move as “contrary to international fair trial standards.”

Former defence minister Mohamed Nazim was also not allowed to call the majority of his defence witnesses in a weapons smuggling charge. He was sentenced to 11 years in jail by the same bech that oversaw Nasheed’s trial.

The opposition has held nightly street protests and mass demonstrations on February 27 and May 1 over Nasheed’s sentencing, but it is rare for demonstrations to take place at the airport in view of international tourists.

Among those arrested were Malé City deputy-mayor Shifa Mohamed and MDP women’s wing vice-president Shaneez “Thanie” Saeed.

One woman, Yumna, says her passport has been withheld over the charges.

Meanwhile, MDP MP Ali Azim has been charged with obstructing police duty during a mass protest on February 27. The first hearing is scheduled for May 25.

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Women face charges over airport protest

State prosecutors are preparing to charge 14 women and one man who protested at Male’s international airport earlier last month over the arrest and trial of former president Mohamed Nasheed.

Police have sent the cases to the prosecutor general’s office to send them to trial, an official confirmed to Minivan News.

Another source confirmed that 15 cases were sent to the prosecutor general’s office, while a total of 90 protest-related cases have been sent to the state prosecutor.

Some 14 women and one man were arrested on March 5 while protesting at the airport with posters calling for Nasheed’s release. The protest was co-ordinated by the women’s wing of the opposition Maldivian Democratic Party (MDP).

The opposition has been holding nightly street protests over Nasheed’s trial, but it is rare for demonstrations to take place at the airport in view of international tourists.

A police spokesperson at the time said the Freedom of Assembly Act bars protests at airports.

Nasheed has since been sentenced to 13 years of prison over terrorism charges, in a trial which was deemed unfair by the UN and Amnesty International.

Among those arrested were Malé City deputy-mayor Shifa Mohamed and MDP women’s wing vice-president Shaneez “Thanie” Saeed.

Speaking to Minivan News today, Shifa said she is yet to be officially informed of the charges, but have heard rumors about it in the media.

“We are already getting punished for protesting. [We] are barred from protesting for 60 days. If they accuse us again we are getting punished for the same crime twice,” Shifa said.

All of those arrested at the airport were released by the criminal court at their remand hearing on the condition they do not participate in further protests for 60 days.

The opposition has argued that the release of those arrested at protests on these conditions violates their rights to freedom of expression and assembly.

Shifa accused the criminal court of misconduct and bias in their treatment of those arrested at protests.

The remand trial of those arrested at the airport was headed by Judge Abdul Bari Yoosuf – one of the three-judge panel who sentenced Nasheed to 13 years.

The deputy mayor said that Bari warned them he would sentence them to two months in detention if they participate in more protests.

“I see this as threat to scare us, and something done to selectively eliminate certain individuals,” Shifa said.

In another high-profile case, MP Ahmed Mahloof, formerly of the ruling Progressive Party of Maldives, was arrested at a protest last week and detained for five days.

When his detention ended, the criminal court handed him a further five days of house arrest after he refused the court’s condition to stay away from protests for 60 days.

Similarly, MDP MP Ismail Fayyaz was given 15 days’ detention after he refused to accept release under the same conditions.

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