Tag: criminal court

HRCM questions former Defence Minister over arrest of Chief Judge

The Human Rights Commission of the Maldives (HRCM) has summoned former Defence Minister Tholhath Ibrahim for questioning over the arrest of Chief Judge of the Criminal Court Abdulla Mohamed.

Speaking to the media yesterday, Tholath said he told the commission that the information about the arrest of the judge could not be revealed to HRCM as the matter concerned national security.

Tholhath told Minivan News that he had informed the commission that he would only answer questions related to human rights violations.

Tholhath was accompanied to the commission by  lawyer Nooruban Fahmy, the sister of MDP Deputy Leader and MP Alhan Fahmy.

President of HRCM, Mariyam Azra, recently told Minivan News that the commission was hoping to conclude the investigation before next month.

On March 4, Police summoned  Tholhath for questioning over former President Mohamed Nasheed’s arrest of Abdulla Mohamed.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the Maldives National Defence Force (MNDF) on the evening of Monday, January 16, in compliance with a police request.

The judge’s whereabouts were not revealed until January 18. The MNDF acknowledged receipt but did not comply with Supreme Court orders to release the judge.

Opposition political parties held a series of protests which culminated on the morning of February 7 with police joining opposition demonstrators in an assault on the MNDF’s headquarters, and the resignation of Nasheed – allegedly under duress – and the handover of the presidency to Vice President Dr Mohamed Waheed Hassan.

Last week, Former President Mohamed Nasheed was also summoned before HRCM, in connection to his role in the controversial detention of Criminal Court Chief Judge Abdulla Mohamed earlier this year.

The former president attributed the initial arrest call to his Defence Ministry, on the grounds of “protecting” national security relating to alleged ethical concerns about the judge.

On the day Nasheed resigned, Judge Abdulla was brought Male’ and released from his detention.

The first complaints against Abdulla Mohamed filed in July 2005 by then Attorney General Dr Hassan Saeed included allegations of misogyny, sexual deviancy, and throwing out an assault case despite the confession of the accused.

The Judicial Services Commission (JSC), the judicial watchdog, eventually formed a complaints committee to investigate the cases against Judge Abdulla in December 2009, which met 44 times but had failed to present a single report as of March 2011.

The JSC eventually concluded an investigation into politically-contentious comments made by Judge Abdulla Mohamed on DhiTV, but the report was never released after the judge sought a Civil Court injunction against his further investigation in September 2011.

Then-Home Minister Hassan Afeef subsequently accused the judge of “taking the entire criminal justice system in his fist”, listing 14 cases of obstruction of police duty including withholding warrants for up to four days, ordering police to conduct unlawful investigations and disregarding decisions by higher courts.

Afeef accused the judge of “deliberately” holding up cases involving opposition figures, barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, and maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes.

The judge also released a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Then Vice President of the Maldives Dr Mohamed Waheed Hassan opposed the judge’s detention, stating on his blog that “I am ashamed and totally devastated by the fact that this is happening in a government in which I am the elected Vice President.”

Nasheed’s government requested assistance from the international community to reform the judiciary. Observing that judicial reform “really should come from the Judicial Services Commission (JSC)”, then Foreign Minister Ahmed Naseem said the commission’s shortcoming are “now an issue of national security.”

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Civil Court conducts second hearing of MDP’s case against clearing of protest sites

The Civil Court has conducted a second hearing of the case presented to the court by Maldivian Democratic Party (MDP) against security forces, after the police and Maldives National Defence Force (MNDF) dismantled MDP’s protest camp near the tsunami monument.

The MDP’s official website reported that the state attorney had denied the allegations made by MDP and contended that a court warrant is not required to dismantle the area.

MDP lawyer Hisan Hassan told the judge that the police could only search the area with the presence of MDP senior persons and that the MDP wanted to clarify why the area was destroyed.

Hisan also told the judge that the police did not even have a list of items they confiscated from the area.

According to local media, state attorney Ahmed Usham told the court that the area was dismantled because the protesters threw bricks at the security forces, and that the dismantling of the protest was not an action that was taken to narrow freedom of speech.

Usham also said that alcohol and items “used to conduct sexual activities” were discovered in the area, and that those were items disallowed under Islamic Sharia.

The state attorney claimed knives and sharpened iron bars and other materials were also found.

He futther alleged that MDP protesters had been attacking police officers that have went there to investigate violence that occurs in the area.

Usham claimed that people gathered in the area had been using filthy words to speak and had been encouraging violence.

He also alleged the education of children living in the area had been affected and that their rights had been violated.

The local media reported that Usham had told the judge that many crimes have been conducted in Male’ after the area was used for “planning and organising crime”, and that criminals had used the area “to flee from police”.

MDP reported that the next hearing of the case is scheduled for Sunday.

The tsunami monument area was dubbed ‘Justice Square’ by the MDP following the outside of former President Mohamed Nasheed on February 7, in what he claimed was a police and military led coup de’tat. Thousands of by MDP supporters had used the area as a camping site during the ongoing protest against the legitimacy of President Dr Mohamed Waheed’s new government.

Following a day of protests on Monday, police and army in a sudden raid on the camp ordered everyone in the area to leave without giving reason, and arrested some of the people who refused.

The police then dismantled the tents, removed all the lights, speakers, megaphones, banners, flags and the stage in the area built by the MDP, and cleared political slogans and graffiti from the sea wall.

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Five Thai women and three Maldivian men arrested for prostitution

Police have arrested five Thai nationals and three male Maldivians inside ‘Herbal Beauty Salon’, located in the second floor of Maafannu Sherrif.

Police said the eight individuals were arrested after the police received information that prostitution was conducted at the location.

Police Spokesperson Sub-Inspector Ahmed Shiyam confirmed that five Thai women were arrested and three other Maldivian men were also arrested.

Shiyam said the men were still in police custody and that police were investigating the case.

The criminal court identified the five arrested Thai nationals as Neetha Seng Thong, Sutheetha Thanuvathu,  Thaaniga Thuan Youth, Pacha Pon Punpheythu and Nicharda Konfan.

The three Maldivian men arrested as Hassan Zareer, Male’, Mujuthaba Abdulla of Hinnavaru in Lhaviyani Atoll and Ibrahim Abdul Hafiz of Ihavandhoo in Haa Alifu Atoll.

According to police the group were involved in sexual activities when the police raided the beauty salon.

Shutting down alternative medical centres that conduct sexual activities were one of the five demands made by the then-opposition coalition while Mohamed Nasheed was in power.

The former government then closed all the massage parlors and spas nationwide including those used for tourism purposes.

In a statement the Adhaalath Party has congratulated the police for the closing ‘Herbal Beauty Salon’ and thanked the Islamic Ministry for their role in it.

The party also appealed to all the citizens to cooperate with the government to erase prostitution from the Maldives.

According to local media, those arrested were taken to the Criminal Court, where their detention period was extended to five days.

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Criminal court orders released of those arrested during March 1 protest

The Criminal Court has ordered the release of protesters arrested on March 1, after the expiry of the five day extension of detention.

Sun Online reported that 24 people were released who were, according to Sub Inspector Ahmed Shiyam, the last of those people arrested on March 1.

Investigations were ongoing and would be referred to the Prosecutor General, Shiyam said.

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Criminal Court extends detention of 61 arrested protesters

The criminal court has extended the detention period of 61 protesters arrested on Thursday, in opposition to President Mohamed Waheed Hassan giving the presidential address to open the first session of parliament.

Police had arrested 67 protesters on the day, but released six of them later. Minivan News understands that those detained include former President Mohamed Nasheed’s brother, Nazim Sattar.

The Maldivian Democratic Party (MDP) called on police to immediately release of the detainees last night. MDP in a press statement stated: “The families of the detained are extremely concerned and some of the families have suffered psychologically following the arrests of the detainees.”

MDP also called on the courts to make their judgements freely and impartially to ensure the people’s trust in the judiciary was not tarnished any further.

“The detention extension issued by the courts regarding the protesters who had been arrested was against legal principles,” said member of MDP’s legal team and Chairman of the MDP Legal Affairs Committee, Ahmed Abdullah Afeef, in a press conference held by MDP on Friday night.

Afeef also stated that the detention extension had been carried out “unfairly”, and alleged that the whole process had been “pre-planned” before the protesters were even taken into the court.

“Police had no evidence to prove to the court that there was a legitimate reason to extended the detention periods. The actions of the criminal court imply more of a personal vendetta rather than an impartial decision,” said Afeef.

Afeef observed that during protests that took place during December 2011 under Nasheed’s government, police had sought the detention of several protesters, providing photo and video evidence proving attacks on police, but the criminal court had rejected it and released those detained.

Afeef said that the party would appeal the decisions of the Criminal Court and said the case would be filed in High Court today. Afeef also added that High Court has said that they will hold a hearing today.

Speaking to Minivan News today at the High Court building, Afeef said: “What we are trying to say is that there maybe people amongst the protesters who should be arrested, but it has to be done based on evidence.”

“As a principle, the judge would not know what happened at the protests. Decisions from a judge should come based on evidence. Here in this case, the police could not provide any evidence, but yet still the judge issued the detention extensions,” he said.

Sub-Inspector Ahmed Shiyam told Minivan News today that 61 people arrested during the protests are in police custody, “all of them had arrested attempting to break through police lines, or attacking police officers. We have evidence and the investigation process is going on currently. We will submit that evidence to the authorities as well,” Shiyam said.

Fourteen police officers were injured on Thursday in skirmishes with demonstrators, some of whom threw rocks at officers. Four were seriously injured, and one officer was flown to Sri Lanka for further treatment.

Minivan News also observed police in riot gear cracking down protesters near the Reefside Shop in Chaandhanee Magu, without advance notice. Three protesters were taken into custody at the scene.

Questioned about the incident, Shiyam said that the people who are currently arrested were those who had “attacked the police officers”, that the others had been released.

The High Court was yet to announce the appeal hearings at the time of press.

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Five judges sworn into new drug court

Five judges were been sworn in to the newly established Drug Court on Saturday night.

From a total of 35 candidates evaluated for the bench, the five applicants selected were Mahaaz Ali Zahir, Hussain Shahaamath Mahir, Abdul Sathar Abdul Hameed, and Zubair Mohamed and Mohamed Easa.

According to Adam Mohamed, President of the Judicial Service Commission (JSC) and Supreme Court Judge, the five appointed to the Drug court were “highly competent” and “qualified to deliver impartial rulings with no prejudice.”

A total of 35 candidates applied for the positions, according to the JSC.

The establishment of the Drug Court  follows stipulations for the court’s formation provided in the recently-ratified Drugs Act.

Under Article 33 of the Act, all drug cases currently before the Criminal and Juvenile Courts must be transferred to the Drugs Court, following discussions between the Prosecutor General and judges.

According to the Act, a specialised Drugs Court of superior court status will combat drug addiction by integrating rehabilitation services into the court system.

Traffickers will be tried in the Criminal Court.

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MNDF dismiss High Court order to produce Judge Abdulla Mohamed

The High Court has ordered the Maldives National Defence Force (MNDF) to produce Chief Judge of the Criminal Court Abdulla Mohamed for the hearing of the case appealed by the Judicial Service Commission (JSC), following the Civil Court injunction preventing the JSC from taking action against Judge Abdulla over an ethical issue.

High Court Spokesperson Ameen Faisal told Minivan News that the High Court had ordered the MNDF to produce Judge Abdulla to the court at 4:15pm today, but said the MNDF had dismissed the order. Under the Maldivian Constitution the MNDF is answerable to the President, who serves as Commander-in-Chief.

”At 4:15pm the hearing was to be conducted but the presiding  judge decided that the case could not be conducted in the absence of Judge Abdulla and cancelled the hearing,” Ameen said.

MNDF Spokesperson Major Abdul Raheem told Minivan News that the MNDF had no comment on the matter.

The MNDF was previously ordered to produce Judge Abdulla Mohamed to dispute the legality of his detention, however the MNDF did not respond to any orders.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request.

The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz lately joined the High and Supreme Courts in condemning MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

PG Muizz ordered an investigation by the Human Rights Commission of Maldives (HRCM), and will evaluate the situation following the commission’s findings.

Lawyers of Chief Judge Abdulla Mohamed has requested the Supreme Court not to hear any case related to Judge Abdulla before the court decide on the request made by the lawyers to issue a writ to free the judge.

Former President’s Member of the JSC, Aishath Velezinee, has contended that while the government cannot keep the judge detained indefinitely without conducting an investigation, “releasing him is a threat to security.”

I have heard Vice President Mohamed Waheed Hassan calling for him to be released. Abdulla Mohamed is not under arrest – but his freedom of movement and communication would be a danger at this moment. We are at the point where we really and truly need to get to the bottom of this and act upon the constitution,” she told Minivan News.

“We talking about cleaning up the judiciary, and this is not talking outside the constitution – this is the foundation of the constitution. The constitution is build upon having three separate powers. The judiciary is perhaps the most important power. The other powers come and go, politics change, but the judiciary is the balancing act. When that is out of balance, action is necessary.”

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MDP vows to pressure Supreme Court if it fails to investigate Abdulla Mohamed

Maldivian Democratic Party (MDP) Vice President and MP Alhan Fahmy met on Sunday with Chief Justice of the Supreme Court, Ahmed Faiz, presenting two cases against Chief Judge of the Criminal Court Abdulla Mohamed and demanding the cases be concluded in 48 hours.

Before going to the meeting Alhan met with the press and said that he will present two cases relating to Abdulla Mohamed: one regarding the Civil Court’s ordering the judicial watchdog – the Judicial Service Commission (JSC) – to delay taking action in a judicial misconduct case against the chief judge, and a second regarding the High Court’s ruling that he did not have to obey police summons on January 16.

The latter ruling led to police requesting the Maldives National Defence Force (MNDF) assist in the arrest of Abdulla Mohamed, and his subsequent detention on the MNDF training facility of Girifushi where he remains.

Alhan told press outside the Supreme Court after meeting with the chief justice that the MDP would put pressure on the Supreme Court if it did not conduct the cases.

He then told a group of MDP supporters waiting for him outside that if the Supreme Court did not conclude the case in 48 hours, the MDP would “raise its voice”.

The whereabouts of Criminal Court Chief Judge Abdulla Mohamed following his arrest were not revealed until January 18. The MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz has joined the High and Supreme Courts in condemning the MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

According to the PG, police have to go through the PG’s Office to obtain an arrest warrant from the High Court.

According to government officials, military assistance was sought for reasons of national security. Judge Mohamed has been implicated in 14 cases of obstruction of police duty, Afeef alleged.

Actions include ordering unlawful investigations, withholding warrants for up to four days, limiting the issuance of warrants to himself exclusively at times, disregarding decisions of higher courts, strategically delaying cases involving opposition members, and barring media from corruption trials, according to Afeef.

Defence Minister Tholhath Ibrahim Kaleyfan has said police had sent a letter to the armed forces on Monday, January 16, “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

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Chief Judge held “in good condition” at MNDF training center Girifushi

The Maldives National Defense Forces (MNDF) last night informed Chief Criminal Court Judge Abdulla Mohamed’s wife and parents of his whereabouts and condition, following complaints made by the family.

“The judge is under our supervision at Girifushi in Kaafu Atoll (an MNDF training facility. He has no injuries and is in good condition,” said MNDF Chief Spokesperson Abdul Raheem, discounting local media reports to the contrary as “false messages”.

The Maldives’ famous underwater cabinet meeting was held off Girifushi in 2009, catapulting President Mohamed Nasheed into the environmental spotlight.

This is the first time that an individual has been held in custody at an MNDF training facility rather than Dhoonidhoo detention center. Raheem said the MNDF did not wish to specify why the judge is being held at the training facility.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the MNDF on the evening of Monday, January 16, in compliance with a police request. The judge’s whereabouts were not revealed until January 18, and the MNDF has acknowledged receipt but not replied to Supreme Court orders to release the judge.

Prosecutor General (PG) Ahmed Muizz lately joined the High and Supreme Courts in condemning MNDF’s role in the arrest as unlawful, and requesting that the judge be released.

According to the PG, police have to go through the PG’s Office to obtain an arrest warrant from the High Court.

“They haven’t followed the procedures, and the authorities are in breach of law. They could be charged with contempt of the courts”, he said.

PG Muizz added that as MNDF has violated the Constitution he has ordered an investigation by the Human Rights Commission of Maldives (HRCM), and will evaluate the situation following the commission’s findings.

Raheem said the armed forces did not wish to comment on the PG’s statement.

According to government officials, military assistance was sought for reasons of national security.

In a televised statement on MNBC One on January 17, Home Minister Hassan Afeef said military assistance was sought during the arrest for “fear of loss of public order and safety and national security” on account of Judge Mohamed, who has “taken the entire criminal justice system in his fist”.

Judge Mohamed has been implicated in 14 cases of obstruction of police duty, Afeef alleged. Actions include ordering unlawful investigations, withholding warrants for up to four days, limiting the issuance of warrants to himself exclusively at times, disregarding decisions of higher courts, strategically delaying cases involving opposition members, and barring media from corruption trials, according to Afeef.

The judge has also released suspects detained for serious crimes without a hearing. One murder suspect proceeded to kill another victim.

Afeef further alleged that the chief judge “twisted and interpreted laws so they could not be enforced against certain politicians” and stood accused of “accepting bribes to release convicts.”

Defence Minister Tholhath Ibrahim Kaleyfan has said police had sent a letter to the armed forces on Monday, January 16, “requesting assistance to carry out its legal duty under article 71 of the Police Act, stating that the Criminal Court was not cooperating with police and that as a consequence of Chief Judge Abdulla Mohamed obstructing police work, the country’s internal security was threatened and police were unable to maintain public order and safety.”

MNDF therefore exercised authority under chapter nine of the Constitution and the Armed Forces Act of 2008 to take the judge into custody, he concluded.

Indicating the gravity of the moment, Minister Kaleyfan said, “I assure citizens that at this critical moment the country is faced with, the armed forces will do everything it must to restore national interest and defend the lawful government.”

The public has been protesting for six consecutive nights the detention of opposition party members who last week made statements of “hate speech” against the government, as well as the arrest of Judge Mohamed.

Meanwhile, the  ruling Maldivian Democratic Party (MDP) is circulating a petition calling for PG Muizz’s removal from office in a stated effort to clean up the judiciary.

“We are calling for a strong and independent judiciary for the people,” party chairperson and MP ‘Reeko’ Moosa Manik told Minivan News today. “The judiciary will never work without a PG, an AG, police and courts. They have to work closely.

“We have found that cases related to the opposition stay in the PG office. We do not believe the cases are being properly prosecuted,” Moosa said, estimating that the petition currently has 1,000 signatures. “We will be discussing the results in our parliamentary group before submitting it [to a parliamentary committee]”, he added.

Addressing the matter of Chief Judge Abdulla Mohamed, Moosa said, “this country will not stop for only one judge”, later adding that he holds Criminal Court Judge Abdul Ghazee responsible for the judiciary’s deterioration.

Moosa argued that MNDF’s actions against the judge were accordance with its duty to protect the Constitution. “MNDF are always responsible for the country. They are helping the police because the police currently have so many cases to investigate. The judge did not respect the police summons before, he assumed he was above the police. That’s not fair to the people.”

Speaking in his own capacity, Moosa continued, “If a judge does not respect the Constitution, who does? Article 207 of the Constitution gives the military the power to do what they need to do to defend the law.”

Moosa claimed “we will do anything to bring justice to the courts”, but added “ we don’t want to arrest anybody, we are calling on the people to please respect the country and bring justice for all.”

Spokesperson for former President Maumoon Abdul Gayoom’s Progressive Party of Maldives (PPM), Ahmed Mahlouf, was not responding to calls at time of press, however yesterday the party accused the government of trying to tip the country “into a state of emergency”.

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