Diplomatic pressure ramps up on Maldives

The Canadian government and the Asian Centre for Human Rights (ACHR) have called for international action to secure the release of “political prisoners” in the Maldives.

Canada called on the Commonwealth Ministerial Action Group (CMAG) to “urgently put the deteriorating situation in the Maldives on its formal agenda,” while the ACHR called on the the UN Human Rights Council (UNHRC) to adopt a resolution demanding the “unconditional release of all political prisoners” in the Maldives, including former President Mohamed Nasheed and former defence minister Mohamed Nazim.

The ACHR has special consultative status with the UN Economic and Social Council and provides information and complaints to national human rights institutions and the United Nations bodies and mechanisms.

The organization also called on the UNHRC to appoint a Special Rapporteur on the human rights situation in the Maldives and to make a recommendation to the UN General Assembly to suspend the Maldives from the Human Rights Council.

The European parliament in April adopted a resolution condemning the “serious irregularities” of Nasheed’s terrorism trial while US secretary of state John Kerry said during a visit to Sri Lanka that Nasheed was “imprisoned without due process”.

“This is an injustice that needs to be addressed soon,” he said.

Last week, US senators John McCain and Jack Reed urged their government to press for the release of all political prisoners in the Maldives.

Commonwealth values

Canada also called on the Maldivian government to release jailed opposition politicians.

“On June 12, protestors gathered in the Maldives capital, Malé, to call for the release of political prisoners,‎ an independent judiciary, an end to politically motivated charges, and respect for freedom of expression and fundamental democratic values,” Canadian foreign minister Rob Nicholson said in a statement yesterday.

“Canada strongly supports these objectives, which are consistent with Commonwealth values and principles as set out in the Charter of the Commonwealth.”

In March, foreign minister Dunya Maumoon slammed alleged attempts to place the Maldives on the CMAG agenda over Nasheed’s terrorism trial.

Former foreign minister and UN Special Rapporteur on Iran Dr Ahmed Shaheed said Canada’s call shows “that countries in the commonwealth care about the Maldives.”

Suspension from UNHRC

The 29th session of the UNHRC is taking place from June 15 to July 3 in Geneva, Switzerland. The inter-governmental body is comprised of 47 member states and meets for 10 weeks every year, in March, June and September.

The Maldives was first elected to the council in 2010 and re-elected for a second term in November 2013.

The prosecution and imprisonment of political opponents constitute “gross and systematic violations of human rights” as provided under the General Assembly resolution establishing the Human Rights Council and justifies the proposed measures, the ACHR said in a statement yesterday.

As the European parliament has adopted a resolution calling for Nasheed’s release, the ACHR suggested that European Union members on the council should sponsor the resolution.

The foreign ministry said yesterday that the Maldives delegation will focus on “issues of priorities such as women’s rights, children’s rights, climate change, rule of law, among others.”

“Trumped up charges”

The ACHR meanwhile accused President Abdulla Yameen of jailing political opponents under “trumped up charges” to bar rivals from contesting the 2018 presidential election.

“While key democratic leaders have been put behind bars under terrorism charges, President Yameen has taken little or no measures to counter real terrorists: over 200 Maldivians are currently fighting for Islamic State (IS) in Iraq and Syria with at least four of them having died in the fighting,” the ACHR claimed.

The judiciary remains unreformed since the 30-year autocratic reign of former President Maumoon Abdul Gayoom, the ACHR continued, and currently serves as the “handmaiden” of President Yameen – “a replica of the rule by the Rajapaksa brothers which ended in neighbouring Sri Lanka in January 2015.”

Adhaalath Party president Sheikh Imran Abdulla, Jumhooree Party (JP) deputy leader Ameen Ibrahim, and JP council member Sobah Rasheed have also been charged with terrorism and accused of inciting violence at a mass protest on May 1.

The terrorism charges cast doubt on the government’s sincerity in calling for talks with opposition parties, the ACHR suggested.

The organisation noted that Nasheed’s conviction on terrorism charges in March after a 19-day trial was widely criticised over apparent lack of due process.

Amnesty International called the conviction a “travesty of justice” while the UN human rights chief said Nasheed was sentenced after a “hasty and apparently unfair trial” and noted “flagrant irregularities.”

The UN special rapporteur on the independence of judges and lawyers noted “serious due process violations” such as denial of the opportunity to present defence witnesses, which led her to believe “the outcome of the trial may have been pre-determined.”

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Respect Criminal Court verdict, says President Yameen

President Abdulla Yameen has called on all parties to respect the Criminal Court’s verdict against former President Mohamed Nasheed.

In a statement released by the President’s Office last night, President Yameen noted that the opposition leader has “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

“The government calls on its international partners to engage constructively, based on mutual respect and dialogue in consolidating and strengthening democratic values and institutions in the country,” reads the brief statement.

“The government remains steadfast in ensuring the separation of powers as stipulated under the Maldivian constitution and upholding the rule of law in the country.”

In the wake of the Criminal Court sentencing the opposition leader to 13 years in jail on Friday night (March 13), the United States, United Kingdom and the European Union expressed concern with the lack of due process, while Amnesty International said Nasheed’s conviction “after a deeply flawed and politically motivated trial is a travesty of justice.”

Domestically, the Human Rights Commission of Maldives said the former president was denied fundamental rights that guarantee a fair trial in line with the Maldives’ obligations under the International Covenant on Civil and Political Rights (ICCPR).

Moreover, human rights NGO Maldivian Democracy Network urged the UN Special Rapporteur on the Independence of Judges to intervene in order to prevent a “slide back to autocracy,” whilst Transparency Maldives expressed “grave concern” and stressed that Nasheed was denied legal representation, the right to appeal, and sufficient time to mount a defence.

However, President’s Office Spokesperson Ibrahim Muaz Ali told Minivan News yesterday that he believed the Criminal Court “would have afforded due process in the conduct of Nasheed’s trial.”

“If you study this case, from the beginning to the end, it is clear the charges are not politically motivated,” Muaz insisted.

President Yameen as head of state could not “interfere in judicial proceedings and is not to blame for court proceedings,” he said.

Intervention

Commonwealth Secretary-General Kamalesh Sharma released a statement yesterday noting that the intergovernmental organisation would continue to closely follow the judicial process after the verdict.

The Commonwealth urged restraint and advised peaceful resolution of “differences of view” through dialogue.

“The Foreign Minister of Maldives, Hon Dunya Maumoon, has made recent public comments welcoming constructive and close dialogue with international organisations,” the statement read.

The Commonwealth assured its commitment to working with the Maldives to address issues of concern.

“All societies should have the space and opportunity for dialogue in order to ensure that universally shared values are advanced, and to create a stable and harmonious future,” the statement continued.

“All societies should also have national institutions that enjoy the confidence, trust and respect of the people they serve. The Commonwealth is committed to offering practical support in a collaborative partnership to achieve these goals in an enduring way.”

The Asian Centre for Human Rights (ACHR) has meanwhile called on the UN to hold an emergency session on the situation in the Maldives.

The ACHR “urged the members of the UN Security Council to take necessary measures to seize assets and freeze accounts of President of Maldives Mr Abdulla Yameen, Foreign Minister Dunya Maumoon, Prosecutor General Muhthaz Muhsin and the three judges overseeing Nasheed’s trial i.e. Abdulla Didi, Abdul Bari Yoousuf and Sujau Usman and other key officials of the regime, impose travel restrictions and trade embargo, and withhold financial assistance and technical cooperation to the Maldives until the release of Nasheed.”

“The trial is a travesty of justice – Judge [Abdulla Mohamed] who claims himself to have been illegally detained for which former President Nasheed was charged under terrorism charges still heads the Criminal Court trying Nasheed and effectively allowed his deputy, Judge Abdulla Didi, to convict Nasheed in a kangaroo trial. If the United Nations and international community fail to intervene now, democracy may never return to the Maldives,” said ACHR Director Suhas Chakma.

The Asian Forum for Human Rights and Development (Forum-Asia) also condemned the verdict and noted that Nasheed was “never investigated for the fresh charges of terrorism before trial.”

“The trial of Nasheed was riddled with numerous violations of basic human rights and fair trial standards, and his conviction must be condemned. This is a clear case of political persecution and therefore the verdict is not surprising, considering the manner in which the court has conducted the trial,” said Forum-Asia Executive Director Evelyn Balais-Serrano.


Related to this story

Democracy Network alerts UN Special Rapporteur on Independence of Judges on Nasheed’s sham trial

Former President Nasheed found guilty of terrorism, sentenced to 13 years in prison

“This is not a court of law. This is injustice,” Nasheed tells the Criminal Court

US, EU, and UK concerned over lack of due process in Nasheed trial

Nasheed trial “not free or fair,” says Maldivian Democracy Network

Former President Nasheed appears in court with arm in makeshift sling

 

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