Four Maldives nationals arrested in Malaysia

Four Maldivians have been arrested in Malaysia over drug related charges, local media has reported.

The Maldives Foreign Ministry had confirmed that four nationals were arrested, but did not confirm the nature of charges against them, according to local newspaper Haveeru.

Another two Maldivians are currently being held in Malaysia custody over passport issues, the newspaper added.

State Foreign Minister Hassan Saeed was quoted in local media as saying that Maldivian nationals needed to be more careful of the laws and cultures of foreign countries when travelling abroad.

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Man arrested on suspicion of performing black magic

Police have arrested a 46 year-old man living on the island of Ihavandhoo in Haa Alifu Atoll on suspicion of performing black magic.

Police Sub-Inspector Hassan Haneef today told Minivan News that a man had been arrested Thursday (January 3) on the basis of reports received by authorities.

According to Haneef, the suspect was brought before a judge to decide on his detention period, with the presiding court granting police 10 days to detain the suspect.

Haneef said that lots of tools that could be used to perform black magic, such as documents, books and other materials were found at the suspect’s home.

Local media has reported that the man arrested was believed to be the Imam of the island.

An Ihavandhoo Island councillor has told local media that the suspect, originally from Fuvamulah, had moved to the island of Ihavandhoo last year December.

The councillor alleged that after the suspect arrived on the island, fears had risen among islanders that he had been performing black magic.

The councillor pointed to rumours that had been circulating since the suspect’s arrival on the island that disturbing incidents had been occurring on the island.

Back in June last year, the Maldives Police Service (MPS) arrested an opposition Maldivian Democratic Party (MDP) activist on charges of practising black magic.

The Activist’s arrest at the time was made just days after the MPS had raided the MDP protest camp at Usfasgandu on the basis of “suspected black magic performed in the area”.

A warrant released at the time approved the raid on the basis of evidence alleged to include that people at the site had previously thrown a “cursed rooster” at Maldives National Defence Force (MNDF) officers.

A case is also presently being heard in the country’s courts concerning the murder of a 76 year-old male alleged to have been a sorcerer, whose body was discovered with with multiple stab wounds on the island of Kudahuvadhoo in January 2012.

Back in 1953, Hakeem Didi was executed by firing squad along with some alleged accomplices after they were found guilty of conspiracy to murder by black magic.

The case was the last time the Maldives judicially executed a criminal suspect.

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Police arrest six MDP members on Bilehfahi island for disturbing the peace and throwing rocks

Police have confirmed that six men from the island of Bilehfahi in Shaviyani Atoll have been arrested after they allegedly threw rocks at some roofs and disturbed the peace of the island.

According to a statement issued by the police, three 23 year-old men, a 21 year-old man, 24 year-old man and a 32 year-old man were arrested. Police did not reveal their identities.

Police said an operation was conducted by Shaviyani Atoll Police Station after police were informed that the group of men were throwing rocks at houses and were exploding plastic bottles in areas where people live.

Police received assistance and cooperation from the people of the island during the arrest of the six men, they said.

Following the arrests, the Maldivian Democratic Party (MDP) issued a statement saying that the six arrested were MDP members and they were arrested to obstruct MDP activities conducted on the island.

The MDP called the arrests ‘unlawful’ and called on the authorities to release the six immediately.

People had been throwing rocks at a café shop owned by a MDP member in the island and when it was reported to police, police said they were too busy and they did not have time to investigate the matter.

MDP alleged that the arrest was a setup planned by the council and police, and that the men arrested had played aq lead role in decorating the island for the MDP’s upcoming tour of Shaviyani Atoll.

In the statement the party called on the Human Rights Commission of the Maldives (HRCM), Police Integrity Commission and Prosecutor General (PG) to investigate unlawful actions carried out by the police.

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UK, EU express “concern” over arrest of Nasheed

The UK and the EU have issued statements expressing concern over the arrest of former President Mohamed Nasheed.

“Along with our international partners, we call on the Maldivian authorities to ensure any trial is fair and transparent,” said UK Foreign Office Minister Alistair Burt.

“These latest developments underline the need for all parties to resume dialogue and work together to implement the democratic reforms identified by the Commission of National Inquiry (CNI) in August. We look forward to peaceful, free and fair elections next year, in which all political parties are able to participate fully,” Burt added.

Meanwhile in Europe, “it is with great concern that the High Representative [of the European Union for Foreign Affairs and Security Policy, Catherine Ashton] learned about the arrest of former President Nasheed of the Maldives.”

Ashton “recalls the assurances given by the Government of the Maldives as regards the personal safety of Mr Nasheed and his right to a fair trial,” her office stated.

“In view of the importance of the next presidential elections, the High Representative reiterates the need for credible and transparent elections allowing for the full participation of party candidates.”

Former President Mohamed Nasheed has been released from custody following the first hearing of a trial in the Hulhumale Magistrate Court concerning his detention of Chief Criminal Court Judge, Abdulla Mohamed.

Nasheed was temporarily held at Dhoonidhoo detention facility on Monday (8 October) ahead of yesterday’s hearing after he broke a travel ban imposed on him by the court.

The former president and his Maldivian Democratic Party (MDP) have maintained that the charges of detaining Chief Judge of the Criminal Court Abdulla Mohamed are a politically motivated attempt to prevent him from contesting the 2013 election.

“The Prosecutor General’s only objective is to ensure I cannot contest next elections,” said Nasheed, at a rally on Tuesday night following his release from court.

“What is the specific moment during the orchestration of the coup that all political actors were noting as most important? The moment when Abdulla Ghazi (Judge Abdulla Mohamed) was released. The coup d’etat that was brought in this country was made possible because our criminal justice system has failed.”

The US Embassy in Colombo earlier issued a statement urging “all parties to find a way forward that respects Maldivian democratic institutions, the rule of law and the Maldivian constitution, as well as protects human rights and fundamental freedoms.”

“We urge all sides to remain calm, reject the use of violence and to avoid rhetoric that could increase tensions. It is our expectation that former President Nasheed be given every due process that the law allows,” the embassy stated.

“In response to statements that somehow the United States was involved in the detention of former President Nasheed, the Embassy strongly denies that claim,” it added.

“We note that all US law enforcement cooperation [with the Maldives] includes activities that focus on professionalisation and professional development of the police and places special emphasis on the need to adhere to international standards of human rights and the strengthening of democratic institutions and the rule of law.”

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Decoding Nasheed: The Hindu

“Eight months after the political upheaval in the Maldives that saw Mohammed Nasheed resign as President, fresh turmoil there has belied hopes that the nation would slowly settle down. Mr. Nasheed, who alleged after resigning that he was ousted in a coup, has been arrested for defying a court order,” writes an anonymous author in The Hindu today.

“Charged with detaining a judge unlawfully on January 16 while he was still in power, and ordered by the court to remain in Male for the period of the trial, the former President opted to break free of his ‘island arrest’, going off to the southern islands in the archipelago to attend political rallies.

He believes that the charges are politically motivated, designed to convict and make him ineligible to contest elections. If that is correct, he is now responsible for handing the courts a far simpler way to achieve the same objective, by convicting him on a possible charge of contempt.

Evidently, Mr. Nasheed thinks brinkmanship serves better his political objectives, especially after the Commission of National Inquiry — constituted to go into political events from January 14 to February 8 — destroyed some of his political planning by concluding there had been no coup in the Maldives.

It said the change of President was legal and constitutional, and that what happened was a ‘reaction’ to Mr. Nasheed’s own actions as President. Though he has refused to accept the conclusions of the report, he can hardly accuse the Commission of bias.

It was at his bidding that its mandate was rewritten; additionally, a Maldivian member of his choice, plus an international co-chair and two other international observers, were added to it.”

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Hundreds demonstrate in capital after former president placed in detention

Additional reporting by Mariyath Mohamed and Daniel Bosley

Hundreds of protesters gathered near the President’s Office in Male’ on Monday night as close family and legal representatives of former President Mohamed Nasheed left to visit him at the Dhoonidhoo detention facility, where he is being kept ahead of his trial on Tuesday afternoon.

The country’s first democratically elected president was taken into police custody yesterday on the island of Fares-Mathoda in Gaaf Dhaal Atoll after the Hulhumale Magistrate Court issued a warrant for his arrest and presentation in court on Tuesday October 9.

The issuing of the warrant – exactly seven months after Nasheed’s ousting – follows his defiance of a court-ordered travel ban outside the capital Male’, and two court summons.

The Maldives Police Service confirmed to Minivan News that it had been ordered to detain Nasheed and present him at his trial in Male’ at 4:00pm today, but added that no order had been received to keep him in custody beyond the hearing so far.

Leaving to meet Nasheed last night, his wife Laila Ali, several close family members, and a handful of legal advisers travelled to Dhoonidhoo  at 10:15pm to cheers and chanting from a vocal group of around 500 to 600 supporters. The demonstrators had gathered behind temporary police barricades set up by the main Bank of Maldives building in the capital.

Demonstrators had been gathering since about 9:30pm as police set up blockades around the roads surrounding the President’s Office building on Boduthakurufaanu Magu.

Tensions during the evening were mostly evident in vocal exchanges between protesters on the front line and the 20 to 30 police officers assigned to man the blockades, who faced heckling and jeering from the crowds.

“You are only protecting certain individuals in this country,” one protester shouted angrily.

An police officer on the front lines responded that he was there to protect everyone. The jeering and chanting continued throughout the evening.

By 10:30pm, Minivan News observed some minor scuffles as police attempted to force the several hundred demonstrators back behind temporary barriers to chants of “free Nasheed” by the gathered crowd.  However, violent clashes with authorities were minimal during the gathering.

Senior officials of MDP were among the demonstrators, with MDP MP Imthiyaz Fahmy and parliamentary group leader Ibrahim Mohamed Solih on the front-lines of the gathering.

Police Spokesperson Sub-Inspector Hassan Haneef said the demonstrations, which concluded at around midnight, were conducted peacefully and without any arrests.

“There were three barricades that were thrown into the water by the Bank of Maldives building, but no one had been arrested as a result,” he said.

Minivan News observed a small number of riot police in helmets later gathering behind police lines, but these officers were not deployed, as protests died down soon after midnight.

Also present earlier in the evening was former Minister of Environment Mohamed Aslam, who had travelled with Nasheed during the day after he had been detained by police.

Speaking to Minivan News, Aslam said Nasheed had requested he be returned to his home in Male’ under police custody ahead of his trial, rather than the detention centre at Dhoonidhoo.

The request was rejected by authorities, with Nasheed being dropped off at Dhoonidhoo, where representatives from the Human Rights Commission of the Maldives (HRCM) were said to be present.

While being returned to the capital yesterday, Aslam alleged that a foreign national, whom he believed to be from the India, was also travelling with police, saying he had requested to be transported back to Male’.

“I would say it is highly irregular to have a foreign person on a police boat in such a situation,” he claimed.

Discussing Nasheed’s arrest, Aslam said that after meeting with members of the public on Fares-Mathoda, Nasheed and his entourage returned to the former environment chief’s home on the island after it had been confirmed that a police force had landed nearby.

“These were police armed with riot guns gathered by my home,” he said.

Upon requesting entry to the building and showing an arrest warrant for Nasheed, Aslam said he had asked officers for a few minutes to discuss the situation with the former president.

“As soon as I turned around they had forced their way into the building and begun shoving us around,” he said. “As they forced there way in they also pushed me onto a glass table that broke, fortunately I wasn’t badly hurt from this.”

As police forced themselves into several rooms before locating Nasheed, Aslam claimed that the former president did not resist arrest. The former environment minister said that he was however unable to confirm reports that Nasheed had been pepper sprayed by officers, adding that he did not see such an incident at the time. He claimed to have seen some form of unidentified firearms being packed away by police after they left Fares-Mathoda.

Aslam said he had opted to travel with Nasheed they were transported to larger boat off the island to return to Male’. Along the way he added they had stopped for lunch, at which point it was announced that Nasheed was to be taken to the Dhoonidhoo detention facility.

Speaking to Minivan News yesterday, President’s Office Media Secretary Masood Imad said the government had wished to avoid any direct involvement in Nasheed’s detention and trial, referring any requests on the matter to police and judicial authorities.

“We have asked the Maldives Police Service to notify media of any developments.  The President’s Office wishes to stay clear of this matter,” he said at the time. ”We know as much as the [media] about developments right now.”

Masood added that, despite allegations raised by the MDP concerning alleged use of excessive force to seize the former president, police authorities had insisted officers had acted with restraint.

“I’m told [Nasheed] asked for a box of cigarettes, a request that [officers] granted.  He was given Benson and Hedges as I understand,” Masood said.

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Nasheed treated like “a fugitive”, MDP tells New York Times

The former president of the Maldives, Mohamed Nasheed, was detained on Monday for failing to turn up for a court hearing in a case involving the unlawful arrest of a High Court judge when Mr Nasheed was president, writes Sruthi Gottipati for the New York Times.

Mr. Nasheed was arrested by the police while on a campaign stop in Fares-Maathodaa island, one of the 1,200 islands that make up the tiny Indian Ocean nation of the Maldives, ahead of the presidential elections in July next year.

While there’s little argument that the police took Mr. Nasheed into custody, there’s plenty of disagreement concerning the manner in which it took place.

Mr. Nasheed’s supporters said he had just eaten breakfast at a party member’s home when masked police broke into the house armed in full riot gear, spewing obscenities, and swept the former president out in what his supporters contend was a politically motivated move solely aimed at stopping him from campaigning.

Maldivian Democratic Party workers said that former ministers and aides in Mr. Nasheed’s government who were in the house were pepper-sprayed and violently dragged out.

“You could only see their eyes,” said Hamid Abdul Ghafoor, the spokesman for Mr. Nasheed’s party, describing the police who he said had burst in to brutally arrest their party leader. “They wanted to make it look like they were catching a fugitive.”

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Nasheed’s arrest the “end of Maldivian democracy”: MDP

The Maldivian Democratic Party (MDP) has called for protests following the arrest of former President Mohamed Nasheed by masked riot police on Monday morning.

Nasheed was in the Dhoonidhoo island detention centre on Monday night, awaiting his trial on Tuesday.

“October 8, 2012 will be remembered as the day that democracy died in the Maldives,” said MDP spokesperson Hamid Abdul Ghafoor in a statement.

“The reality is it has been on life-support since February, but today the plug was pulled and the lights turned off,” Ghafoor said.

Thirty-four members of the MDP’s National Council met following Nasheed’s arrest and declared that they would present information about Nasheed’s situation at 8:00pm on Monday evening, before calling for protests.

Nasheed defied a travel ban and multiple summons from the Hulhumale’ Magistrate Court, after his party disputed the legitimacy of the court and labelled the charges against him as a politically-motivated effort to sabotage the party’s southern atoll election campaign, and Nasheed’s candidacy in the next presidential election.

“There is huge contention whether Hulhumale’ Court has been granted powers by the law to try any case whatsoever,” wrote former chair of the committee that drafted the 2008 constitution, Ibrahim ‘Ibra’ Ismail.

“The Constitution says very clearly that trial courts will be defined and created by law. When Parliament created courts by the Judicature Act, there was no “Hulhumale’ Court” designated as a Magistrates Court. The Supreme Court itself is still sitting on the case of the validity of the Hulhumale’ Court. It was created by the Judicial Service Commission (JSC), without authority derived from law,” wrote Ismail.

“Therefore the validity of any orders or judgements issued by this court is questionable, and the Constitution says no one has to obey any unlawful orders, ie orders which are not derived from law. Therefore, President Nasheed’s decision to ignore the summons has more than reasonable legal grounds,” he stated.

Ismail further noted that court summons were routinely ignored without consequence by political figures allied with the current government, observing that People’s Alliance (PA) MP and Deputy Speaker of Parliament Ahmed Nazim had defied 11 summons before appearing in court over corruption charges.

“Impunity can only be matched by impunity,” Ismail stated.

“The outlook appears to be rather bleak. There will be chaos. There already is. It may worsen. And then, if we are lucky, out of chaos will emerge order. But what kind of order it will be depends on which paradigm wins. At this point in time, I would tentatively suggest it may be religious extremism.”

Morning arrest

Nasheed was arrested on the southern island of Fares-Mathoda, where he was reportedly scheduled to meet the Danish Ambassador, and was put on a speedboat bound for Male’ where he is due to appear in court on Tuesday.

Saleema Mohamed, a participant of the campaign trip, was inside the living room when the police entered the house, noted an MDP statement.

“They pushed their way in, hurting anyone inside the house. Minister Aslam asked them repeatedly to calm down and to not hurt anyone. He was saying: ‘this is my house’. The police shoved him and pushed him and he fell on the glass table and broke the table,” Saleema said.

According to the party’s statement, “the police forcefully entered Aslam’s house, barging onlookers out of the way. They used shields, batons as well as foul language at the people gathered near the house. Nasheed’s former Minister of Foreign Affairs, Ahmed Naseem, and former Press Secretary Mohamed Zuhair, were pepper sprayed by the police and violently dragged from the house, while the police also removed members of parliament from the scene.”

Police Spokesperson Sub-Inspector Hassan Haneef earlier stated that “there was no trouble. Nasheed was very cooperative,” but was unable to confirm whether police had used pepper spray.

President’s Office Media Secretary Masood Imad said the office wished to “stay clear of this matter.”

“We have asked the Maldives Police Service to notify media of any developments. We know as much as the [media] about developments,” he said.

Defence Minister Mohamed Nazim has meanwhile launched a second case against former President Nasheed, seeking MVR 3.75 million (US$243,506) in compensation for defamation after Nasheed called him a “baghee” (traitor).

Nasheed’s lawyer, former Human Resources Minister Hassan Latheef, said Nasheed would defend himself by proving that the allegations were true.

US Embassy statement

The US Embassy in Colombo has issued a statement urging “all parties to find a way forward that respects Maldivian democratic institutions, the rule of law and the Maldivian constitution, as well as protects human rights and fundamental freedoms.”

“We urge all sides to remain calm, reject the use of violence and to avoid rhetoric that could increase tensions. It is our expectation that former President Nasheed be given every due process that the law allows,” the embassy stated.

“In response to statements that somehow the United States was involved in the detention of former President Nasheed, the Embassy strongly denies that claim,” it added.

“We note that all US law enforcement cooperation [with the Maldives] includes activities that focus on professionalisation and professional development of the police and places special emphasis on the need to adhere to international standards of human rights and the strengthening of democratic institutions and the rule of law.”

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Former President Nasheed arrested in morning raid

Additional reporting by Mariyath Mohamed

Masked police in gas masks and riot gear have stormed a house on Fares-Mathoda in Gaaf Dhaal Atoll and taken former President Mohamed Nasheed into custody.

The arrest follows the Hulhumale Magistrate Court yesterday issuing a warrant for Nasheed’s arrest and presentation in court on Tuesday October 9.

Maldivian Democratic Party (MDP) MPs Imthiyaz Fahmy and Ilyas Labeeb were also taken into custody, along with former Minister of Environment Mohamed Aslam.

An MDP source on the island told Minivan News the three were not arrested but had accompanied Nasheed voluntarily.

“They did not want to let him be taken alone,” said the source, claiming that 50 police were involved in the operation to break down the door and take the country’s first democratically-elected President into custody.

MDP Chairperson Reeko Moosa Manik said police broke down the door of the house and pepper sprayed the former President.

“Everybody was masked and in riot gear, and we couldn’t identify any of the police officers,” Moosa said.

Police Sub-Inspector Hassan Haneef confirmed that Nasheed would be returned to Male’ where he will be presented in court tomorrow.

Haneef said that Nasheed had been taken at around 9:45am.

“There was no trouble. Nasheed was very cooperative,” Haneef said, but was unable to confirm whether police had used pepper spray.

President’s Office Spokesperson Abbas Adil Riza tweeted on October 5 that “After Tuesday morning either you are with us or with the enemy. There is no negotiation or middle ground after Tuesday,” however Minivan News is trying to confirm whether Riza was referring to the trial of Nasheed or last week’s murder of Progressive Party of the Maldives (PPM), Dr Afrasheem Ali.

Riza was not responding at time of press. However President’s Office Media Secretary Masood Imad told Minivan News that the government had not been contacted by any foreign governments or international organisations expressing concern over the detention of the former President.

“We have asked the Maldives Police Service to notify media of any developments.  The President’s Office wishes to stay clear of this matter,” he said. “We know as much as the [media] about developments right now.”
Masood added that he had been informed that despite allegations raised by the MDP concerning alleged use of excessive force to seize the former president, police authorities had said insisted that officers had acted with restraint.
“I’m told [Nasheed] asked for a box of cigarettes, a request that [officers] granted.  He was given Benson and Hedges as I understand,” Masood said.

Charges against Nasheed

The issuing of the warrant – exactly seven months after Nasheed’s ousting – follows his defiance of a court-ordered travel ban outside the capital Male’, and two court summons.

The MDP has disputed the legitimacy of the Hulhumale court and three-member panel of judges appointed to oversee the proceedings, and sought to appeal in the High Court.

The party today called on the Supreme Court to declare the Hulhumale Court illegitimate, and announced its intention to launch protests.

The specific charge against the former President concerns his detention of Chief Judge of the Criminal Court, Abdulla Mohamed, during his final days in office.

Nasheed’s government justified the judge’s detention on the basis of national security, claiming he had “taken the entire criminal justice system in his fist”, and that the institutions mandated with keeping the judiciary accountable – the Judicial Services Commission (JSC) and Parliament’s Independent Commissions Committee – were politically manipulated by the former regime.

The state alleges that Nasheed violated 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 will face a jail sentence or banishment for three years or a MVR 3000 (US$193.5) fine, a sentence that would bar him from contesting future elections.

Former Minister of Defence Tholhath Ibrahim Kaleyfaan, Maldives National Defence Force (MNDF) Colonel Mohamed Ziyad, former Chief of Defence Moosa Ali Jaleel and MNDF Southern Commander Brigadier-General Ibrahim Mohamed Didi also face charges.

Nasheed and his Maldivian Democratic Party (MDP) reacted last week by rejecting the authority of the country’s lower courts, contending that the trial was a politically-motivated attempt to prevent Nasheed from running in the 2013 Presidential election.

The MDP said yesterday that the party was “deeply disturbed and worried” about the decision to arrest the party’s presidential candidate, “and produce him to a widely disputed court.”

“The MDP notes with grave concern the state proceeds to prosecute President Nasheed while the UNHRC, ICJ, CoNI report, Amnesty International, FIDH, other leading human rights groups and our bilateral partners have expressed deep concerns over the independence and competence of the Maldivian judiciary,” the party said.

“We are currently on presidential campaign trail by boats in the Southern atolls. This trip has been organized for months and immediately after the dates of the trip were announced, the courts decided to summon our candidate to a court that is unlawfully established. Leading experts and lawyers have questioned the legitimacy of this court,” MDP spokesperson Hamid Abdul Ghafoor.

“This is not about justice. This is a politically motivated trial to invalidate our candidate’s candidacy and to deliberately disrupt the MDP’s presidential campaign. We are in the largest voting centers and it is very clear who will win the elections. They can only win the elections by invalidating his candidacy. We are deeply disturbed by the developing situation. We do not believe he will have a fair trial,” said Ghafoor.

Return to prison

Nasheed became the Maldives’ first democratically elected President in 2008, ending the 30 year rule of Maumoon Abdul Gayoom, Asia’s longest serving leader.

Under Gayoom’s rule Nasheed spent 18 months in jail, including long periods in solitary confinement, and was declared an Amnesty prisoner of conscience.

He resigned from office on February 7 after police and military officers joined forces with opposition demonstrators and assaulted the country’s military headquarters and state broadcaster. Leadership passed to his Vice President, Dr Mohamed Waheed Hassan.

A Commonwealth-backed domestic inquiry in August concluded that the transfer of power was legitimate, however the MDP alleged key testimonies were overlooked and evidence dismissed.

The controversial transfer of power has resulted in months of political instability and a growing culture of violence and impunity in the Maldives, more famous for its upmarket tourist resorts and celebrity clientele.

A moderate Islamic scholar and MP of the government-aligned Progressive Party of the Maldives (PPM), Dr Afrasheem Ali, was stabbed to death outside his home on October 1, the country’s 10th murder this year.

Nasheed arrest follows the resignation yesterday of Head of the Police Integrity Commission (PIC) Shahinda Ismail, citing “major differences in opinion” with other PIC members.

A PIC report into police brutality during the February 8 crackdown contained contradictory findings, alleging that police action was justified by destruction of property. However Commissioner Shahinda disavowed the finding and stated that the police action was against the law as there was no evidence of illegal activity by demonstrators.

Shahinda’s husband, Deputy Prosecutor General Hussain Shameen, also resigned, claiming he was going to study for his masters in the UK.

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