Tag: criminal court

Samah confesses to murdering policeman after drinking cologne

Mohamed Samah of Kaashidhoo today confessed in the Criminal Court to attacking Lance Corporal Adam Haleem, stating that he was under the influence of alcohol after drinking cologne.

According to local media, Samah told the court that he attacked Haleem with the intention of frightening him but not to kill him, he told the court that he wanted to repent and apologise to Haleem’s family.

Local newspaper Sun quoted Chief Judge of the Criminal Court Abdulla Mohamed as saying that the court will summon the inheritors of Lance Corporal Adam Haleem to the court to see if they have any objections to passing a death sentence against Samah if he was found guilty of killing the police officer.

Local media reported Samah as admitting today that he had sniffed Dunlop glue and drunk cologne to get high.

On July 23 Lance Corporal Adam Haleem was stabbed to death on Kaashidhoo island in Kaafu Atoll.

In a statement issued earlier, police said the suspect in the case had confessed to attacking Haleem with a knife, and had told the police how the incident occurred.

The statement said that Haleem was attacked that night while he was on his way to the Kaashidhoo Police Station to report to duty.

While he was on the way to the police station he saw Mohamed Samah on the road, who was supposed to be under house arrest. Haleem followed Samah to his house and asked him to get himself ready to come with him to the police station.

Samah refused to go to the police station and became angry. He entered his house and took an eight inch knife from the kitchen, which he used to stab Haleem in the left side of his chest, according to the statement.

Before Haleem was attacked, he called the police station and informed officers on duty about Samah, and asked them to attend the scene. However by the time the other police officers attended the area Samah had stabbed Haleem and his body was lying on the ground.

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MPs Ali Waheed and Ahmed Mahloof facing criminal charges for obstructing police duty

Two former Dhivehi Rayyithunge Party (DRP) MPs Ali Waheed and Ahmed Mahloof are facing criminal charges for allegedly obstructing police duty during an opposition protest that took place in 2010.

Prosecutor General (PG) claimed that the two MPs entered a restricted area cordoned off by police during the night of March 25, 2010, near the former presidential residence of Muleaage, and had showed disobedience to the police officers in the area.

Both Mahloof and Waheed are facing charges under the article 75 of the Maldives Police Services Act.

During the first hearing held yesterday, after the charges were read to the defendant MPs, Mahloof requested the judge carry out the trial separately stating that although he and Waheed were once in the same party, times had changed and the pair now followed different political beliefs and parties.

However, presiding judge Abdulla Didi declined Mahloof’s request stating that the state had levied one charge against both him and his parliamentary colleague, and said that differing political beliefs was immaterial to the case that was being heard.

Meanwhile, Waheed stated that he was unclear about the charges pressed against him. He added that he was not someone who would ever confront police with arms and questioned whether it was only him and Mahloof that were there during the protests.

Responding to Waheed’s claims, the state attorney stated that the charges did not mention that Waheed had attempted to confront the police with arms, and also mentioned that others were involved.

The state prosecutors said they had decided to prosecute Waheed and Mahloof because they had obtained evidence supporting the charges.

Both Mahloof and Waheed requested to proceed with the trial after seeking legal counsel.

During today’s hearing, the judge questioned the state as to why the case had been delayed for such a long period. The state responded that the case had been earlier submitted but later withdrawn because the PG observed that there was a “lack of fairness” in sending cases to court.

Adjourning the session, Judge Abdulla stated that a date for the next hearing would be announced later and that the case would be scheduled at the earliest available date.

This is the second time the case has been forwarded to trial.

Earlier in November 2010 the case was sent to trial but the PG withdrew the matter, stating that police had failed to submit a case that involved then ruling Maldivian Democratic Party (MDP) activists entering the Civil Services Commission (CSC) office and harassing their staff.

The former government had criticised the PG following their actions, and claimed that the PG was politically-aligned instead of being impartial. In their defence, the PG stated that police had been sending cases involving [former] opposition politicians and while failing to send cases of MDP activists, which meant that the government was pressing charges that were politically motivated.

An official from the PG told local media today that the case had been re-sent along with the case involving MDP activists harassing CSC employees.

Concerns

With the trial to proceed, the now-opposition MDP has raised concerns stating that the case had lost its meaning because of the delay in prosecution.

In a statement, the MDP claimed that “Without considering the legal principle ‘justice delayed is justice denied’,  we would like to bring to notice that the state is prosecuting meaningless cases while more important cases remain unprosecuted, while others have already been dismissed,” read the statement.

MDP described the prosecution as a “series of attempts to hurt” its members after the MDP government was toppled on February 7.

Waheed, speaking to local media after the hearing, stated that he would not be threatened by such cases that the current government was pressing against him, and said he would “face the charges with courage”.

He also asked the PG to prosecute him for even “slightest” wrong he had committed.

“This prosecution is not just a prosecution levied against me, this is a prosecution that is levied against the 50,000 members of MDP and the majority of the citizens of Thoddu constituency,” he said.

Waheed further said that despite the efforts by the government to pressure him, he would not leave the MDP to support an illegitimate government.

Both Waheed and Mahloof were elected to parliament under the ticket of DRP.

However, following the split of the DRP into two factions, both Waheed and Mahloof chose to leave their former party and head to two different directions.

Mahloof joined the newly formed Progressive Party of Maldives (PPM), the party formed by the DRP members who supported former President Gayoom and opposed the DRP’s leader, MP Ahmed Thasmeen Ali.

Waheed defected to MDP and was later elected as the deputy parliamentary group leader of the party.

MDP Spokesperson Imthiyaz Fahmy was not responding at time of press.

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Criminal Court releases murder suspect with curfew

The Criminal Court has ordered the release of 19 year-old Razzan Abdul Rahman, a suspect in Ali Shifan’s murder case, on the condition that he not go outside his house between the hours of 8:00pm and 6:00am.

His conditions also included that he not associate with groups of people, or leave Male’ without the authorisation of the court.

Media Coordinator of the Criminal Court Ahmed Mohamed Manik confirmed the verdict to local media.

According to local media outlets, the Prosecutor General’s Office has appealed the Criminal Court order at the High Court, and today a hearing was held in to the case at the court.

On April 1, a group of men stabbed Ali Shifan ‘Tholhi Palay’, 33 of Fairy Corner house in Maafannu ward, to death near West Park restaurant at about 4:15pm that day while he was on Boduthakurufaanu Magu, the outer ring road of Male’.

The victim was taken to Indira Gandi Memorial Hospital (IGMH) minutes after the attack, however the hospital pronounced him dead on arrival.

A friend of Shifan told Minivan News at the time that Shifan was having a coffee inside West Park and was attacked while he was waiting in front of the restaurant for a friend.

The source said that Shifan was married and the attack had widowed his wife.

The police sent the names of Ali Nabeeh,22, of M.Nalahiyaa Manzil, Mohamed Shaifan,18,  Razzan Abdu Rahman,19, of Kaanimaage house in Thulhaadhoo island of Baa atoll,  Abdul Thilmeez,20, of M.Thilmeez,  Mohamed Asif,19, of Maafahi house inKurendhoo island of Lhaviyani atoll and Mohamed Mishaan Abdul Haadhy,20, of M.Silver Nest to the Prosecutor General to press charges against them for their suspected involvement in the murder.

In February 2011 Chief Judge of the Criminal Court Abdulla Mohamed also released Ibrahim Shahum Adam, a key suspect in a murder case, on the grounds that the court had not received the required cooperation from the Health Ministry.

Shahum was arrested the following month in connection with another murder case.

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Suspects in murder of alleged sorcerer deny charges

Two people suspected of murdering 76 year-old alleged sorcerer Ali Hassan, of Kudahuvadhoo in Dhaalu Atoll, have denied murder charges in court today.

Local newspaper ‘Haveeru’ reported that the hearing for Fauzan Mohamed and Ibrahim Majidh was held today in the Criminal Court.

The lawyer from the Prosecutor General’s Office told the court that Fauzan and Ibrahim, along with a group of other people, had planned to kill Ali Hassan and attacked him around 7:00pm on the evening of January 8, the paper reported.

When the judge queried both individually, Fauzan told the judge that he denied the charges and said he wished to appoint a lawyer, and also requested the court to conclude the case soon. Ibrahim also denied the charges.

Ibrahim Waseem, the step-grandson of Ali Hassan, has previously confessed to being an accessory to murder.

Kudahuvadhoo resident Ibrahim Waseem contradicted a previous statement provided to authorities by claiming today that he had sought revenge against Ali Hassan – the defendant’s step-grandfather.  Waseem claimed he has been seeking revenge after hearing allegations that Hassan was responsible for the murder of his mother using sorcery.

In March, two minors were arrested and charged with the murder of Ali Hassan, pleaded guilty to accessory in court.

The two 16 year-olds were charged with spying on Hassan before the murder, and assisting the assailants to hide the weapons they used to murder Hassan.

Another 17 year old boy was also summoned to court in connection with the case, and charged for involvement in murdering Hassan.

He requested the court that he wished to continue the trial with a lawyer, which was granted.

The step-grandson of Hassan was also summoned to the Criminal Court for his involvement in the case.

He told the court that Hassan was murdered because he was informed that Hassan had killed the mother of Fauzan Mohamed

The victim himself had previously been accused by the islanders of using sorcery on a 37 year-old woman, who was reported missing at 2:00am on December 4, 2011, and whose body was found floating in Kudahuvadhoo lagoon later that morning.

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Hanaa and Murrath sentenced to death for Najeeb’s murder

The young couple charged with the murder of lawyer Ahmed Najeeb were on Thursday sentenced to death by the Criminal Court.

However the government said it expects both verdicts to be commuted to life imprisonment pending the outcome of a cabinet consultation.

Ahmed Murrath, 29, and his girlfriend Fathimath Hana, 18, were arrested and charged with Najeeb’s murder after his body was discovered by police at Maafanu Masroora house, (Murrath’s residence) in early evening of July 1. The body was stuffed inside a dustbin, badly beaten up and with multiple stab wounds.

The judge noted that the decision for death penalty comes following the pair’s confession in court and the statement from all eight heirs of Najeeb requesting for qisas (equal retaliation) – the death penalty – instead of accepting the alternative, blood money.

Murrath, who has previous criminal records, confessed to killing Najeeb out of anger and under the influence of drugs, alleging  the lawyer attempted to sexually assault his 18 year-old girlfriend while he was at Masroora House.

The court heard that Najeeb visited Masroora House on June 30 to provide legal counsel on a case related to cash missing from Murrath’s mother’s account and the issue of dividing the house.

Murrath said that he tied Najeeb to a chair, gagged him and taped his hands, feet and face while threatening him with a four-inch knife he brought from the kitchen. He said that his girlfriend Hanaa had no role in it and was sleeping while he killed the lawyer between 6:00am and 7:00am during the morning of July 1.

Hanaa however had confessed in court of “helping” to tape and bind the victim to the chair. She did not confess to killing him and said at the time she was sleeping, intoxicated from drinking alcohol.

The judge however noted that the confessions given by Hanaa and Murrath to the police investigators reveal that the pair together schemed to suffocate the victim to death irrespective of whether he had sexually assaulted her or not, because they wanted to steal money from him.

Even though Hanaa had not confessed to killing Najeeb, the judge concluded that she has to bear full responsibility for the murder as Najeeb was incapacitated from defending his life because she helped bind him to the chair.

This is the first conviction for the teenage girl from Rihaab house in Goidshoo island of Shaviyani Atoll, while it is the 15th criminal offense proved against her boyfriend. He has a 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

He was released last year under the government’s Second Chance program for drug offenders.  The programme was recently criticised by Home Minister Dr Ahmed Jameel over claims that it released prisoners, held in certain cases for committing serious crimes, for political purposes.

Commuted sentence

In addressing the sentences given to the pair by the court, the government said today that President Dr Mohamed Waheed Hassan would be consulting with his cabinet and Attorney General Aishath Azima Shakoor over the verdicts. In previous cases where the death sentence had been favoured by the country’s courts over the past 60 years, the state has itself intervened to commute such verdicts to life imprisonment (25 years) instead.

President’s Office Spokesperson Abbas Adil Riza said that while consultations on the matter would be held, he did not expect a “departure” from the long-standing state policy of commuting death sentences to life imprisonment.

“There has been pressure from certain groups to uphold death sentences, but I do not think these calls are in line with the will of the Maldivian people,” he said. “The president will also have to look into our obligations under the various international treaties we have signed.”

Just this week, the UN Human Rights Committee (UNHRC) asked the Maldivian state to enact legislation to officially abolish the death penalty as part of a wider review of human rights commitments in the nation.

“The state itself has admitted that capital punishment does not deter crime,” the statement noted.

Parliament review

Despite such calls by organisations like the UNHRC, a motion related to the death penalty is currently being reviewed by the parliament which, if passed, will make the enforcement of the capital punishment mandatory in the event it is upheld by the Supreme Court, halting the current practice of the President commuting such sentences to life imprisonment.

Earlier this month, Chief Justice Ahmed Faiz said the death penalty could be executed within the existing justice system of the Maldives.

Following the murder of Najeeb, the chief justice told local media that Maldives legal system, being based on  Islamic Sharia, allows the death penalty to be implemented.

Following Najeeb’s murder – the seventh  homicide recorded this year alone – Home Minister Jameel and Attorney General Aishath Azima Shakoor, as well as and other prominent lawyers and lawmakers, have publicly endorsed their support for implementing capital punishment to deter increasing crime rates.

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Police arrest third suspect in Najeeb case, claim more may follow

Police yesterday arrested a third suspect in the murder of lawyer Ahmed Najeeb for allegedly assisting to hide the deceased man’s body.

Police, who have not revealed the name of the suspect, confirmed a 31 year old man had been arrested during their investigations, while claiming further arrests could yet be made concerning the case.

Maafannu Masroora House, the location where Najeeb is believed to have been murdered, is still under observation with a police media official telling local newspaper, Haveeru, that officers are “still trying to find more evidence to support the case.”

Speaking to Minivan News today, Police Spokesperson Sub-Inspector Hassan Haneef confirmed the arrest, though declined to reveal any more information on the suspect’s identity.

“We are now in the investigation process. At the time we do not want to reveal the name of the arrested man as it is a policy of ours to not to reveal the name of a suspect at such an early stage of an investigation,” he said.

Haneef added that officers were presently investigating if any other suspects had involvement in the murder case.

Two suspects already charged over the case, Ahmed Murrath and Fathimath Hana, are currently facing trial.

Case details

Veteran lawyer Najeeb was found dead on July 1.  His body was discovered in a dustbin bag in a second floor apartment of Maafanu Masroora house in Male’.

The 65 year-old man’s body was found supposedly gagged, badly beaten and stabbed in the throat.

Police at the time revealed that 29 year old ex-convict Ahmed Murrath had been charged with Najeeb ’s murder and had confessed to killing him, claiming the lawyer attempted to sexually assault his 18 year-old girlfriend Fathimath Hana.

Hana of Rihab house in Shaviyani Goidhoo island, was identified as a second suspect and also faces a charge of murder in relation to the case after she confessed to “helping” her boyfriend kill Najeeb.

During the first hearing of the trial, both suspects testified separately.

Hana noted that Najeeb had arrived to Maafanu Masroora on the night of June 30 at around 10:00pm over a request to discuss a family legal case.

She said that her boyfriend killed him after he became “sure” that Najeeb attempted to sexually assault her, and added that she helped tie Najeeb’s hand, legs and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.  Najeeb’s cash card was taken from him and the pair had withdrawn money from it.

According to Hana, she did not know that the victim had been killed until her boyfriend woke her up and told her about it around 4:00am the following morning. At the time Hana said she was sleeping, intoxicated from drinking alcohol.

Her boyfriend corroborated the confession in his statement, saying that she was asleep when he killed the lawyer.

Murrath said he was present when Najeeb came over to the house to discuss the legal case and he became suspicious so asked Hana if something was wrong. Hana told him that Najeeb had grabbed her hands and hurt her, Murrath added.

Murrath said that he killed Najeeb out of anger and apologised to the family members present at the hearing for committing the crime.

The police had earlier noted that Murrath tested positive for drugs when he was brought under custody. He is a former inmate conditionally released under the Second Chance program for inmates with drug offences.

Police said he had an 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

Demand for public execution

During the trial, currently taking place in the Criminal Court, all eight heirs of Najeeb refused to accept blood money and have asked the Judge for qisas (equal retaliation) – the death penalty.

Initially the court summoned the six heirs following the confession of both the suspects implicated in the crime, while the two others were not present for the session.

The court stated that out of the two heirs not present at the hearing, one was living abroad and the court would be making arrangements through the Ministry of Foreign Affairs to collect his statement. The other heir was said to work in a resort out of Male’.

In the two seperate hearings held on Thursday (July 5), statements of the two remaining heirs – Shashma Najeeb and Jinaan Ahmed – both refused to accept blood money and asked the Judge for ‘qisas’ similar to the other six family members.

Shashma Najeeb who gave her statement at the Sri Lankan High Commission through a telephone conference, said three times in the court that she wanted the death penalty imposed, asking the presiding judge to implement the death penalty and ensure the killing was carried out in public.

Jinaan Ahmed also followed Shashma Najeeb in demanding the death penalty, refusing to accept blood money.

The Criminal Court Judge has announced that if there are any other heirs remaining which the court has not come to know of, they should inform the court before July 10, and if there remain no further heirs, the trial would be concluded during the next hearing.

If none of deceased victim’s heirs agree to accept blood money, under Islamic Sharia Murrath and his girlfriend will be subjected to the death penalty.

Traditionally, death penalties in the Maldives are commuted to life imprisonment of 25 years under the Clemency Act 2010 (Act no 2/2010), where it states:

“Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President has the authority to relieve the sentence into a life imprisonment, after consideration of either the state of the guilty, the legal principles behind the issue, consensus of the state or the values of humanity. But once such a sentence is being relieved to a life imprisonment, the guilty shall not be eligible for pardon, under any clause of this act.”

A perceived rise in criminal-related deaths has this week seen growing public debate and media coverage over the issue of implementing capital punishment in the Maldives.

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“Death for death” say six of murdered lawyer’s heirs

Six out of the eight heirs of murdered lawyer Ahmed Najeeb yesterday refused to accept blood money and have asked the Judge for qisas (equal retaliation) – the death penalty – during trial held at the Criminal Court.

During the trial, the court summoned the six heirs following the confession of both the suspects implicated in the crime, while the two others were not present for the session.

The court stated that out of the two heirs, who were not present at the hearing, one was living abroad and the court would be making arrangements through the Ministry of Foreign Affairs to collect his statement, while the other worked in a resort out of Male’.

Concluding the trial, the judge said that all eight heirs, were those whom the court had confirmed as rightful heirs, and made a statement that if there was any other person who was a rightful heir to Ahmed Najeeb, they must inform the court before July 10.

He also said that after the taking the statements of all rightful heirs of the deceased, the court will issue a verdict.

If none of deceased victim’s heirs agree to accept blood money, under Islamic Sharia Murrath and his girlfriend will be subjected to the death penalty.

Traditionally, death penalties in the Maldives are commuted to life imprisonment of 25 years under the Clemency Act 2010 (Act no 2/2010), where it states:

“Even if stated otherwise in this act, if the Supreme Court issues a death sentence, or a lower court or High Court issues a death sentence and if the Supreme Court upholds that sentence, the President has the authority to relieve the sentence into a life imprisonment, after consideration of either the state of the guilty, the legal principles behind the issue, consensus of the state or the values of humanity. But once such a sentence is being relieved to a life imprisonment, the guilty shall not be eligible for pardon, under any clause of this act.”

Shocking murder

Veteran lawyer Najeeb was brutally murdered on July 1 and his body discovered in a dustbin bag in a second floor apartment in Maafanu Masroora house in the capital Male’, at about 6:45pm in the evening.

The 65 year-old man’s body was found supposedly gagged, badly beaten up and stabbed at the throat.

The police earlier revealed that 29 year old ex-convict Ahmed Murrath had been charged with Najeeb ’s murder and had confessed to killing him, claiming the lawyer attempted to sexually assault his 18 year-old girlfriend Fathmath Hana.

Hana of Rihab house in Shaviyani Goidhoo island was identified as a second suspect and also faces murder charges in the case, after she confessed to “helping” her boyfriend kill Najeeb.

During the first hearing of the trial held separately for both suspects, Hanaa first testified in court, followed by Murrath.

Hanaa noted that Najeeb arrived to the Maafanu Masroora on Saturday night around 10:00pm, on a request to discuss a family legal case.

She said that her boyfriend killed him after he became “sure” that Najeeb attempted to sexually assault her, and added that she helped tie Najeeb’s hand, legs and taped his mouth while Murrath threatened him with a knife.

“We thought he must have a lot of money as he is a lawyer,” she told the court, after declining representation from a lawyer.

Najeeb’s cash card was taken from him and the pair had withdrawn money from it.

According to Hanaa, she did not know that the victim was killed until her boyfriend woke her up and told her about it around 4:00am. At the time Hanaa said she was sleeping, intoxicated from drinking alcohol.

Her boyfriend corroborated the confession in his statement, saying that she was asleep when he killed the lawyer.

Murrath said he was present when Najeeb came over to the house to discuss the legal case and he became suspicious so asked Hanaa if something was wrong. Hanaa told him that Najeeb had grabbed her hands and hurt her, Murrath added.

Murrath said that he killed Najeeb out of anger and apologised to the family members present at the hearing for committing the crime.

The police had earlier noted that Murrath tested positive for drugs when he was brought under custody. He is a former inmate conditionally released under the Second Chance program for inmates with drug offences.

Police said he had an 18 year jail sentence of which he had completed only three years. His offences included theft, assault, drug use, and breaking out of prison.

Following some criticism that the police had prioritised the case as the victim was a lawyer, police media official Sub-Inspector Hassan Haneef responded that Najeeb’s case was investigated and forwarded to court faster than other murder cases because the suspects had confessed to the crime during the trial to extend their detention, and that all forensic evidence necessary to prosecute the case had been found.

“We do not discriminate in cases,” Haneef added.

Public outcry for capital punishment

Home Minister Mohamed Jameel Ahmed, speaking at a press conference following the murder, repeated his call for a decision on the implementation of the death penalty in relation to such crimes.

“We want death for death,” a crowd gathered near IGMH last night shouted, as Najeeb’s body was brought to the ambulance.

In recent times gang violence, burglary, mugging, sexual abuse of children and murders are increasing to levels of alarming concern in society, and the rise in criminal-related death tolls have provoked public pressure to implement the death penalty or capital punishment in the Maldives.

From January 2001 to December 2010, a total of 14 people were sentenced to death by the courts, and none from them have been executed. The last person to be executed in the Maldives after receiving a death sentence was in 1953 during the first republican President Mohamed Ameen. Hakim Didi was charged with attempting to assassinate President Ameen using black magic.

The latest death sentence came on last November, where Criminal Court  sentenced Mohamed Nabeel to death for the murder of Abdulla Faruhad. The judge issued the verdict after reviewing the statements of witnesses and finding him guilty of the crime.

However, the case has been appealed to the High Court.

Following reports of the murder, the government-aligned Progressive Party of the Maldives (PPM)’s parliament group member Ahmed Mahloof proposed an amendment to the Clemency Act (Act no 2/2010) which would make performing the death penalty mandatory in the event it was upheld by the Supreme Court.

His amendment would require the President to enforce any death penalty if the Supreme Court issued the verdict of death, or if the Supreme Court supported the ruling of the death penalty made by either the Criminal court or the High Court. This move would halt the current practice of the President commuting such sentences to life imprisonment.

Previously, Maldivian Democratic Party (MDP) MP Ahmed Rasheed and later MP Ibrahim Muthalib also submitted similar amendments to the clemency act although both subsequently withdrew the motions.

“I believe nobody would want to die. So if the death penalty is enforced, a person who is to commit a murder would clearly know that if he carries out the act, his punishment would be his life. I believe this will deter him from committing such acts,” Mahloof said following the submission of the amendment.

In the initial report of the Maldives under the International Covenant on Civil and Political Rights prepared by Human Rights Commission (HRCM) in 2011, the commission noted that growing public sentiment to impose death penalty.

“Death penalty: not as easy as it is thought”- HRCM

According to the commission, the Maldives has affirmed the UN Resolution of Moratorium on death penalty on 18 December 2007, which emphasises all states that still provision capital punishment “progressively restrict the use of the death penalty and reduce the number of offences for which it may be imposed.”

“This resolution still needs to be passed by the parliament,” it reads.

Furthermore, there are several laws pending which are related to the enforcement of the death penalty including, the passage of the revised Penal Code, Criminal Procedures Code, Evidence Bill and Witness Act, the commission adds.

The Maldives is yet to establish an independent forensic institution to provide accurate information to support the judiciary to make an impartial decision on matters concerning the administration of the death penalty.

Meanwhile the commission acknowledged that the ”life threatening acts of crime in the country have been aggravated” due to a number of direct and indirect factors, of which the direct problems include “inadequate legislation pertaining the criminal justice system”.

The existing Penal Code which was enforced in 1981 and its last amendment made in 200 has many parts which are not relevant to the present context and does not reflect the spirit of the present Constitution.

Moreover, the commission identifies the inadequate legislations pertaining to evidence and witnesses, dismissal of forensic evidence by courts, absence of a witness protection program and inadequate correctional and rehabilitation system for convicted offenders as key factors.

“The lack of a comprehensive integrated crime prevention mechanism remains the greatest weakness in addressing the issue of increase in crime. High numbers of unemployed youth, and the persistent substance abuse and drug addiction among youth in the country are indirect factors catalysing the increase in crime,” the HRCM report adds.

Therefore, to address the above, says the HRCM, the “state should revise the existing Penal Code, and bring into force the Criminal Procedure Code – the other legislation pertaining to evidence and witnesses.”

“The State should further establish effective rehabilitation mechanisms for offenders, better prisons and correctional facilities to house and to rehabilitate criminals, and to strengthen effective coordination between drug rehabilitation system and criminal justice system,” it concludes.

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PG’s Office to send Nazim fraud cases to the High Court

The Prosecutor General’s (PG) Office has appealed cases concerning the alleged involvement of Deputy Speaker Ahmed Nazim in defrauding the Atolls Development Ministry to the High Court, reports Haveeru.

The case, which was dismissed by the Criminal Court in February, involves a 2004 deal to purchase harbour lights worth Rf1.95 million (US$126,000) on behalf of the now defunct ministry.

The PG’s office has told Haveeru that it intends to appeal a further four cases previously brought against Nazim.

The judge at the time of the dismissals concluded that Nazim’s “acts were not enough to criminalise” him legally.

If Nazim had been found guilty, he would have been ordered to pay a total sum of Rf5,315,618 (US$345,170) paid by the state for the projects and sentenced to between one to six years imprisonment.

Under provision 131 of the penal code, an extra month will be added to the jail sentence for every additional Rf1,000 (US$65)  if the fraudulent transaction exceeds Rf100,000 (US$6,493) .

In an interview with local media outlet Sun following the rulings, Nazim claimed the four cases were baseless and had been leveled at him by former President Mohamed Nasheed’s administration, using false evidence.

“Today we are guaranteed of the existence of an independent and trustworthy judiciary. Former President Nasheed and the MDP will now believe we have an independent judiciary, because they know that the four cases were schemed with manufactured evidence. These are are absolutely untrue and baseless cases,” he said.

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Criminal Court releases former police intelligence chief

The Criminal Court has ordered the release of former head of police intelligence Chief Superintendent Mohamed Hameed from custody, just a few hours after the High Court upheld its decision to keep him detained.

The five-day detention warrant granted by the Criminal Court expired on Tuesday at 2:00pm, and Hameed was brought before the court by the police with a request for further extension.

However contrary to its first decision, the court sanctioned Hameed’s release by concluding that it “does not believe the detention should be extended any further.”

Police have accused the former intelligence chief for “threatening the internal security” or jeopardizing domestic harmony of the country following his contribution to the Maldivian Democratic Party (MDP)’s report (Dhivehi) into the controversial transfer of power on February 7.

As Hameed walked out of the court, he was greeted by former President Mohamed Nasheed who welcomed him and shook hands, while eager MDP supporters circling the area hailed Chief Superintendent Hameed as a “national hero”.

High Court’s “ridiculous” ruling

Following the Criminal Court’s previous decision to keep Hameed detained for five days, his family appealed the case in High court, contesting the legitimacy of Criminal Court’s decision to extend his detention.

On Tuesday morning the three judge panel presiding over the case – Judge Abdu Rauf, Judge Shuaib Hussain Zakariyya and Judge Abdul Ghanee – unanimously ruled that they “found no legal grounds” to declare the criminal court’s decision unlawful.

Hameed’s lawyer Ismail Visham argued in court that his client had been subjected to discrimination.

Visham told the court that there were police officers accused of more serious crimes who had not been detained, alleging that in one instance a senior police officer stood accused of attempting to rape a woman and in another incident, influence a judge in a case involving the police officer’s interest.

He further contended that the Criminal Court judge had extended Hameed’s detention period not based on what the police told the judge, but based on the judge’s own view, and that Hameed had therefore lost the right to respond to the accusations.

In response, the state attorney said that Hameed was accused not of a disciplinary matter but a criminal offence, and argued that the Criminal Court judge had declared Hameed a threat to society because police told the judge he might seek to “intimidate witnesses” and “destroy evidence”.

The High Court judges concluded that the defense had not provided enough evidence to substantiate discrimination claims.

The ruling also stated that the constitution does not prohibit the presiding judge from considering reasons in addition to what is provided by the police, in cases concerning the extension of a suspect’s detention.

Following the High Court decision, Hameed’s family today called the ruling “ridiculous” as his detention period was due to expire at 2:00pm today.

“The five day extension will come to an end at 2:00pm today and he will be brought to court again to either have his custody extended or be released. The timing of the High Court verdict on his appeal is ridiculous since his five days are up today anyway,” a family member said.

Witch-hunt against police whistleblowers

In a statement released today, police have said the investigation against Hameed is continuing.

Police allege the Chief Superintendent “distributed information obtained pertinent to his tenure as Head of the Intelligence Department, police matters and internal security, along with [providing] misleading information to certain individuals for reaping benefit out of it to cause divisions between police officers and the community.”

The Maldivian Democratic Party (MDP) meanwhile held protests last weekend calling for Hameed’s immediate release, claiming that is arrest is “further evidence of the Maldives’ rapid descent into a police state” and that it is a “witch-hunt” against honest officers revealing the criminal offenses committed by rogue police officers on February 7.

“Brave men and women who wish to stand up for the rule of law, for democracy and for human rights are today subjected to constant threats and intimidation. This purge of police officers who the Government considers possible opponents demonstrates President Waheed’s growing paranoia and the fact that his coalition Government are determined to rule by fear,” MDP’s Spokesperson Hamid Abdul Ghafoor said in a statement released last week.

“MDP calls on the EU, the US, the UN Human Rights Council and others to urgently enquire into the well-being of these police officers and to hold this illegal government accountable for their growing use of violence and intimidation for political means,” he added.

President’s spokesperson Abbas Adil Riza told Minivan News today that government has no plans of intervening in the case as it is a “police matter”.

“But if police find a case against him” Riza said, “the government will support the any decision to uphold the laws and constitution.”

He further added: “The Police Act governs conducts of police officers and treatment of information individual receive as officers. It is the policy of the government that no civil secret be released.”

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