Tag: criminal court

Suspect acquitted of Ayyube murder

The Criminal Court on Sunday (November 2) acquitted Mohamed Fauzan of murdering Ali Hassan ‘Ayyube’ in Dhaalu Kudahuvadhoo in January 2012.

The court decided that the evidence submitted by the prosecution was insufficient to prove Fauzan was guilty of murdering the 76-year-old.

In March 2013, two minors charged with Ayyube’s murder pleaded guilty to aiding the murder in court. The two minors were charged with spying on Ayyube before the murder, and assisting the assailants to hide the murder weapon.

The Juvenile Court subsequently sentenced the pair to death.

Ayyube’s body was discovered with multiple stab wounds in an abandoned house on Kudahuvadhoo on January 8, 2013. Police arrested six individuals in connection to the case.

The victim had previously been accused of using sorcery on Fauzan’s 37 year-old mother. She was reported missing at 2am on December 4, 2011 and her body was found floating in Kudahuvadhoo lagoon later that morning.

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Supreme Court enacts new regulations on flogging

The Supreme Court has enacted new regulations on the enforcement of flogging sentences, specifying conditions and criteria for meting out the Islamic Sharia punishment.

The regulations (Dhivehi) made public yesterday state that the offender must be of sound mind, must not be pregnant, and must not have an illness that could endanger his or her life due to flogging.

Moreover, a sentence for flogging must be implemented after the convict has either exhausted the appeal process or declined to appeal the verdict in the specified period.

Speaking at a ceremony held last month to mark the anniversary of the Criminal Court, Chief Judge Abdulla Mohamed revealed that 37 flogging sentences remained unenforced due to alleged lack of cooperation from the relevant authorities.

If the offender is a deaf mute or does not speak Dhivehi, the regulations state that the court should seek a statement through a translator.

The court must also appoint a competent “special employee” to implement flogging sentences.

If the offender is under age when the verdict is delivered, the regulations state that the sentence must be imposed when the offender turns 18 years of age.

Section 222 of the regulations on conducting trials would be abolished once the new regulations come into force.

According to statistics from the Department of Judicial Administration, almost 90 percent of those convicted of fornication or pre-marital sex in 2011 were female.

Of 129 fornication cases in 2011, 104 people were sentenced, out of which 93 were female. This included 10 underage girls, 79 women aged 18-40, and four women above 40 years.

In response to a Minivan News report in 2009 of an 18 year-old woman fainting after a 100 lashes, Amnesty International called for a moratorium on the “inhumane and degrading punishment.”

Of the 184 people sentenced to public flogging in 2006, 146 were female, making it nine times more likely for women to be punished.

In November 2011, UN High Commissioner for Human Rights Navi Pillay urged the authorities to impose a moratorium on flogging and to foster national dialogue and debate “on this issue of major concern.”

“This practice constitutes one of the most inhumane and degrading forms of violence against women, and should have no place in the legal framework of a democratic country,” the UN human rights chief told MPs during a maiden visit to the Maldives.

Her remarks sparked protests by Islamic groups outside the UN building and drew condemnation from the Islamic Ministry, NGOs and political parties.

In August 2013, a flogging sentence of a 15-year-old girl rape victim convicted of fornication was overturned following an international campaign.

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High Court grants Humam a month to appoint lawyer in death penalty appeal

The High Court has granted a man convicted of killing MP Dr Afrashim Ali one month to appoint a lawyer.

Hussein Humam had requested the period at the first hearing of the appeal at the High Court this morning.

The Criminal Court sentenced Human to death on January 16, finding him guilty of intentional murder, stating Humam had assaulted the ruling Progressive Party of the Maldives (PPM) MP with a sharp object and intentionally killed him.

Dr Afrasheem was found brutally murdered in the stairwell of his apartment building on October 1, 2012.

Humam gave contradictory statements in court regarding his involvement in the crime. Although he initially confessed to the crime, he later retracted his statement claiming the statement had been given under duress.

He appealed the death sentence in May, just before the 90 day appeal period for lower court rulings was about to expire.

Death penalty

Shortly after the Criminal Court sentenced Humam to death, Minister of Home Affairs Umar Naseer announced plans to implement the death penalty ending an unofficial sixty year moratorium on the practice.

Speaking on a show on state broadcaster TVM on Sunday night, Naseer said the incumbent government will not “shy away” from implementing the death penalty despite pressure from foreign countries and human rights organizations.

“We are not one to shy away from implementing the death penalty by showing various excuses. Nothing will stop us from implementing the death penalty as planned,” Naseer said.

He said that while he respected the views of European countries which are calling on the government to continue with the moratorium on the death penalty, he believed that the decision lies solely with the Maldivian government.

“While European countries are speaking against the death penalty based on their set of principles, the US, Indonesia, China are not, even though they are by far the more populated countries. Each country has a separate viewpoint on it, and I understand and respect that. However, I believe there is a need for the death penalty to be implemented here, and come what may, we will implement it”.

The decision to reintroduce implementation of the death penalty  has given rise to public debate.

While Islamic groups have said that capital punishment is a crucial aspect of the Islamic Shari’ah, Mauhadini Sanawi and Azhar University graduate Scholar Al Usthaz Abdul Mueed Hassan previously told Minivan News that Islam is a religion of forgiveness first, and called on the state to abolish the death penalty.

“In taking qisaas, it is prescribed that it must be done in the manner that the crime was committed. Like the metaphor an eye for an eye. Taken in the exact same manner. How can this be done in cases of murder? How can the life of the murderer be taken in the same manner as that of the murdered? This is prescribed so as to discourage the taking of qisaas,” Mueed said at the time.

The government has previously announced that lethal injection is the state’s preferred method of implementing capital punishment.

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MP’s police brutality hearing cancelled due to defendant’s absence

No additional reporting by missing journalist Ahmed Rilwan

Today’s hearing into the alleged assault of Mahchangolhi Uthuru MP Mariya Didi has been cancelled after the defendant’s failure to attend court.

Police officer Ibrahim Faisal is accused of assaulting the Maldivian Democratic Party (MDP) MP during the demonstration held on February 8, 2012, following the controversial change of power on February 7.

The MDP maintains the transfer of power to was an illegal, with the resignation of former President Nasheed having come under duress.

The hearing was cancelled today (October 12) when the accused failed to attend despite having received a summons sent to police headquarters.

The Criminal Court has rescheduled the hearing to be held on October 19. Mariya Didi confirmed to Minivan News that she has received summons from the Criminal Court to be present at the newly scheduled hearing.

Faisal has previously denied the charges against him, although another police officer has given a witness statement supporting the assault claims against Faisal.

Following the cancellation of today’s hearing, Mariya Didi held a press conference during which she expressed concern that the accused is allowed to continue working without suspension despite the serious charges lodged against him.

She said that she was worried about her safety after having appeared in court to testify against the officer.

“The man that the prosecutor general is prosecuting with evidence still remains in his position at work. And as I saw on that day, it was not just one individual police officer who assaulted me,” Mariya told the press.

“On both February 7 and 8 they attacked me as a group. Based on this, I am worried about the fact that he [Faisal] gets to stay on in his job,” she added.

Previous investigations into the events of February 8 by the Human Rights Commission of Maldives stated that the police crackdown of MDP supporters marching on February 8 was “brutal” and “without prior warning”.

An HRCM team visiting the MP while in detention after the February 8 march observed “bruises all over [Mariya’s] body and her eyes bloodied and swollen”.

In its concluding observations, the commission concluded that police officers “acted very harshly” towards the politicians “in ways that could cause physical and psychological harm” despite their having been no resistance on the part of the politicians.

Amnesty International also documented the assaults on both Mariya and fellow MDP MP Eva Abdulla in its September 2012 report titled, ‘The Other side of Paradise: A Human Rights Crisis in the Maldives’.

The Criminal Court is also separately looking into a case of alleged brutality on MP ‘Reeko’ Moosa Manik by police officer Mohamed Waheed of RosyVilla in Gaafu Dhaalu Atoll Thinadhoo.

In 2013, Amnesty released a statement saying that failure to prosecute police officers accused of human rights abuses and serious failings in the justice system entrenched impunity.

Commonwealth-backed Commission of National Inquiry – established by then President Mohamed Waheed to investigate the transfer of power – had taken note of “allegations of police brutality and acts of intimidation”, calling for “investigations to proceed and to be brought to public knowledge with perpetrators held to account”.

Speaking in parliament on August 6, Attorney General Mohamed Anil stated that five cases involving four police officers accused of committing acts of brutality in February 2012 were ongoing at the Criminal Court.

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Criminal Court releases suspect in Rilwan disappearance

No additional reporting by missing journalist Ahmed Rilwan

The Criminal Court yesterday released one of four suspects arrested in connection with the disappearance of Minivan News journalist Ahmed Rilwan.

A police media official confirmed to Minivan News today that the court released the suspect after he was taken before a judge for extension of remand detention.

The court ordered a second suspect to be placed under house arrest for five days, the media official explained, and granted extensions of seven days and 10 days respectively for the two remaining suspects.

On September 28, police arrested three suspects – two 22-year-old men and one 24-year-old man – on suspicion of involvement in Rilwan’s disappearance. The Criminal Court extended the detention of the 22-year-old pair for five days and the 24-year-old man for seven days.

The court granted a five-day extension of remand detention for a fourth suspect arrested on September 29.

Rilwan has been missing for 59 days and is believed to have been abducted at knife point outside his apartment building in Hulhumalé around 2:00am on August 8.

In a press statement on Thursday (October 2), Rilwan’s family called on the police “respectfully” to share findings of the investigation and update the family, friends and wider public on progress made so far.

“Every day and night that passes without the truth of the case being revealed is filled with questions, anxiety, and deep sadness for the family,” the statement read.

The delay in providing answers to the public creates fear and anxiety in society as well as despair over personal safety, it added.

The statement concluded with an appeal to include Rilwan in prayers offered during the Hajj pilgrimage and Eid al-Adha period.

Following the arrests last week, both Rilwan’s family and human rights NGO Maldivian Democracy Network (MDN) welcomed the “progress in the police investigation” and offered its support.

“The Criminal Court’s extension of their detention signifies progress in the investigation,” said MDN.

However, the police have yet to offer possible theories or lines of inquiry being followed in the investigation, noting on September 15 that no “conclusive evidence” has been found between Rilwan’s disappearance and a reported abduction outside his apartment building.

MDN released an investigation report last month implicating radicalised gangs in Rilwan’s suspected abduction.

The investigation report by Glasgow-based Athena Security confirmed evidence of possible “hostile surveillance” of Rilwan at the Hulhumalé ferry terminal in Malé conducted by two known affiliates of Malé-based Kuda Henveiru gang. One of the suspects is identified as Ahmed Shiran Saeed.

Minivan News understands Shiran is currently in police custody for unrelated charges.

Citing the abduction of several young men in June by a vigilante group in a push to identify online activists advocating secularism or professing atheism, the report said gang activity in Rilwan’s abduction was a “strong possibility”.

The report noted increased radical activity among members of three main gangs in Malé – Bosnia, Kuda Henveiru, and Buru – and claimed members had participated in attacks against individuals they deem “un-Islamic”.

Rilwan had “regularly received clear threats to his life” for his outspoken criticism of religious extremists, the report said.

One man named in the report, vandalised Minivan News’ security camera on Thursday (September 25) shortly before two others buried a machete in the building’s door.

A Minivan News journalist received death threats shortly thereafter, which read, “You will be killed or disappeared next. Watch out.”

While police arrested a 32-year-old suspect Thursday night on charges of stealing the security camera – clearly identifiable on the CCTV footage – the Criminal Court released the suspect with conditions the following day.

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Police, Criminal Court exchange blame over release of alleged drug traffickers

The Maldives Police Service (MPS) and the Criminal Court have blamed each other for the release yesterday (October 3) of two suspects arrested on charges of drug trafficking.

The two suspects were taken into custody on Thursday (October 2) after about 1kg of drugs were found in their possession. The pair were reportedly arrested after they loaded a vegetable box containing the drugs into a car upon arriving in Malé from the airport.

According to local media, the suspects were released because they could not be brought before a judge for extension of remand detention 24 hours after the arrest.

The justice building was closed when police took the suspects to the Criminal Court on Friday and the 24-hour period elapsed at 1:30pm.

Under Article 48 of the Constitution, judges must determine the validity of detention with 24 hours of an arrest and decide whether or not to authorise pre-trial detention.

An official from the Criminal Court’s told local media that police were informed in writing that the court would open at 2:00pm on Friday.

If police were aware that 24 hours would elapse before then, the official said police should have brought the suspects to the court on Thursday.

Aside from confirming the release of the suspects, police have declined to comment on the incident.

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Terrorism trials begin for over 80 individuals from Thinadhoo

Terrorism trials began at the Criminal Court yesterday for 81 individuals from the island of Thinadhoo in Gaaf Dhaal atoll accused of setting fire to the island’s police station and court on February 8, 2012.

According to local media, out of 89 individuals facing terrorism charges, 81 were summoned to the court yesterday, all of whom pleaded not guilty. The accused were offered an opportunity to appoint defence lawyers.

The trials began at 10:00am and lasted until 5:30pm as consecutive hearings were held for small groups of defendants. The terrorism trials posed difficulties for other hearings at the court as such a large group of people were summoned on the same day.

The 89 individuals were charged under Article 2 and 6 of the Anti-Terrorism Act of 1990.

Opposition Maldivian Democratic Party (MDP) Chairperson Ali Waheed met a number of the defendants at the party’s office prior to the hearings yesterday.

On February 8, 2012, riots spread across the country following a brutal crackdown on an MDP march in the capital in protest of the controversial transfer of presidential power the day before.

In a press release issued on September 18 after the hearings were scheduled, the MDP contended that the trials against dozens of the party’s members and supporters in Addu City and Thinadhoo were politically-motivated acts of intimidation.

The party also accused the government of threatening to prosecute persons who participate in MDP activities.

The press statement also noted that police officers who committed crimes on February 6, 7 and 8 were not being prosecuted.

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Police arrest fourth suspect in connection with disappearance of Minivan News journalist

Police arrested a fourth suspect yesterday in connection with the disappearance of Minivan News journalist Ahmed Rilwan.

A 25-year-old was taken into custody with an arrest warrant, police revealed, after which the Criminal Court granted an extension of remand detention for five days.

Police said “special efforts” are underway to investigate Rilwan’s disappearance and locate the missing journalist, declining to reveal any further details.

Rilwan has been missing for 53 days and is believed to have been abducted at knife point outside his apartment building in Hulhumalé around 2:00am on August 8.

On Sunday, police arrested three suspects – two 22-year-old men and one 24-year-old man – on suspicion of involvement in Rilwan’s disappearance. The Criminal Court extended the detention of the 22-year-old pair for five days and the 24-year-old man for seven days

The Maldivian Democracy Network (MDN) welcomed the arrests as “progress in the police investigation” and offered its support.

“The Criminal Court’s extension of their detention signifies progress in the investigation,” said MDN.

Police also told local media yesterday that the arrests represented progress in the investigation and that police were working on “reaching a good result”.

However, the police have yet to offer possible theories or lines of inquiry being followed in the investigation, noting on September 15 that no “conclusive evidence” has been found between Rilwan’s disappearance and a reported abduction outside his apartment building.

MDN meanwhile released an investigation report last week implicating radicalised gangs in Rilwan’s suspected abduction.

The investigation report by Glasgow-based Athena Security confirmed evidence of possible “hostile surveillance” of Rilwan at the Hulhumalé ferry terminal in Malé conducted by two known affiliates of Malé-based Kuda Henveiru gang. One of the suspects is identified as Ahmed Shiran Saeed.

Minivan News understands Shiran is currently in police custody for unrelated charges.

Citing the abduction of several young men in June by a vigilante group in a push to identify online activists advocating secularism or professing atheism, the report said gang activity in Rilwan’s abduction was a “strong possibility”.

The report noted increased radical activity among members of three main gangs in Malé – Bosnia, Kuda Henveiru, and Buru – and claimed members had participated in attacks against individuals they deem “un-Islamic”.

Rilwan had “regularly received clear threats to his life” for his outspoken criticism of religious extremists, the report said.

One man named in the report, vandalised Minivan News’ security camera on Thursday (September 25) shortly before two others buried a machete in the building’s door.

A Minivan News journalist received death threats shortly thereafter, which read, “You will be killed or disappeared next. Watch out.”

While police arrested a 32-year-old suspect Thursday night on charges of stealing the security camera – clearly identifiable on the CCTV footage – the Criminal Court released the suspect with conditions the following day.

The opposition Maldivian Democratic Party (MDP) office was meanwhile set on fire in the early hours of the morning on Friday (September 26), and the door of former MDP MP Hamid Abdul Ghafoor’s residence was set ablaze.

The arson attacks followed vandalism of the main opposition party’s office for two consecutive nights and numerous death threats sent from unlisted numbers to MDP MPs, the party’s senior members, and dozens of journalists.

“This is a war between the laadheenee [secular or irreligious] MDP mob and religious people. We advise the media not to come in the middle of this. We won’t hesitate to kill you,” read the threat to journalists.

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Three arrested in connection with Rilwan’s disappearance

The Maldives Police Services today confirmed three men have been arrested in relation to the disappearance of Minivan News journalist Ahmed Rilwan.

Today marks the 51st day since Rilwan went missing. He is believed to have been abducted at knife point from outside his apartment building in Hulhumalé at 2am on August 8.

The Maldivian Democracy Network (MDN) has welcomed “progress in police investigation”, offering its support and calling upon the public to lend any assistance required to police.

The Criminal Court today extended the detention of two 22-year-old men for five days and a 24-year-old man for seven days, reported police who declined to reveal further details.

“The Criminal Court’s extension of their detention signifies a progress in the investigation,” said MDN.

The Maldives Police Service has yet to suggest any possible theories or lines of inquiry being followed, noting on September 16 that no “concrete evidence” could be found between Rilwan and a reported abduction outside his apartment shortly after his last sighting.

MDN last week released a report implicating radicalised gangs in Rilwan’s disappearance.

The investigative report by Glasgow based Athena Security confirmed evidence of possible “hostile surveillance” at the terminal conducted by two known affiliates of Malé based Kuda Henveiru gang. One of the suspects is identified as Ahmed Shiran Saeed.

Minivan News understands Shiran is currently in police custody for unrelated charges.

Citing a series of gang attacks against perceived secularists in June, the report said that gang activity in Rilwan’s abduction was a “strong possibility”.

The report noted increased radical activity among members of three main gangs in Malé – Bosnia, Kuda Henveiru, and Buru – and claimed members had participated in attacks against individuals they deem “un-Islamic”.

Rilwan had “regularly received clear threats to his life” for his advocacy against religious extremists, the report said.

One man named in the report, vandalised Minivan News’ security cameras on Thursday and two others buried a machete in the building’s main door.

Minivan News journalists received death threats shortly afterwards warning them, “You will be killed or disappeared next. Watch out.”

The man seen tearing down the camera was arrested that same night, before being released by the Criminal Court on Friday on conditions that he cooperate with the police investigation, that he not leave Malé without informing police, and that he not cause any further disturbances.

The opposition Maldivian Democratic Party (MDP) office was set on fire in the early hours of the morning following the attack on Minivan News, and the door of former MDP MP Hamid Abdul Ghafoor’s residence was set ablaze.

The arson attack followed vandalism of the main opposition party’s office for two consecutive nights and numerous death threats sent from unlisted numbers to MDP MPs, senior members, and dozens of journalists.

“This is a war between the laadheenee [secular or irreligious] MDP mob and religious people. We advise the media not to come in the middle of this. We won’t hesitate to kill you,” read the threat to journalists.

The text message was sent to journalists from opposition-aligned private broadcaster Raajje TV, Vaguthu.mv and state broadcaster Television Maldives as well as other news outlets.

The Ministry of Foreign Affairs, the US embassy in Colombo, and international press freedom organisations have subsequently issued statements condemning the attack on the Minivan News office.

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