Tag: criminal court

Criminal Court suspends Assistant Public Prosecutor for one month

The Criminal Court has suspended Assistant Public Prosecutor Ihsan Mohamed Waheed from appearing at the court for one month after he allegedly refused to attend a hearing on Monday afternoon.

According to the Criminal Court, the judge announced at a hearing at 10:30am that a verdict would be delivered at 1.00pm but Ihsan told court employees to “finish the case another day” and walked out.

Ihsan did not answer his phone when the court attempted to contact him at 1:00pm. The accused and an accompanying penitentiary officer meanwhile had to wait at the court until 4:00pm for the Assistant Public Prosecutor, who did not turn up.

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Criminal Court releases MP Adil from house arrest

The Criminal Court released Maldivian Democratic Party (MDP) MP Hassan Adil from house arrest on Monday.

Police Sub-Inspector Ahmed Shiyam confirmed that Adil was released by the Criminal Court under conditions.

The Criminal Court issued a warrant for the arrest of Adil in April, following allegations of child molestation. His detention was subsequently extended, and then later reduced to house arrest.

On June 12, the Criminal Court granted the Prosecutor General (PG) permission to hold MP Hassan Adil in house arrest until his trial reaches conclusion.

The court has said that permission was granted upon a request made by the PG’s office today during the first hearing of the trial.

Police have alleged that Adil sexually abused a 13 year-old girl belonging to a family with whom he was close friends.

The Criminal Court said the court warrant to hold Adil under detention until the trial end was issued according to article 28 of Child Sex Offenders Special Provisions Act.

Article 73[c] of the constitution states that a member of the parliament will be disqualified if found guilty of a criminal offence that involves a prison sentence of more than twelve months.

Formerly an MP of the opposition-aligned Dhivehi Qaumee Party (DQP), Adhil crossed the floor and joined the MDP in September last year.

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“Dangerous criminal” acquitted of assault charges

Criminal Court yesterday acquitted Hassaan Ali, 22, from the island of Fares-Maathoda in Gaafu Dhaalu Atoll, who was identified by police as a ”dangerous criminal” and charged with assault by the Prosecutor General’s Office (PGO).

The accused faced charges of allegedly assaulting Mohamed Shuaib, Ma. Shady Cabin, on August 12, 2008.

According to the Criminal Court, none of the witnesses presented by the prosecution testified that they saw Hassaan commit the assault.

Hassaan was accused of stabbing Shuaib in the neck with a bayonet knife.

The Court ruled that the PGO had not submitted sufficient evidence or witnesses statements to prove that Hassaan was guilty of the crime.

Hassaan had meanwhile denied the charges in court.

According to police records, Hassaan had previously been arrested 13 times for offences ranging from violent assault to robbery, with two cases forwarded to the PGO.

In March this year, Hassaan was arrested again during a special operation conducted to avoid potential clashes between rival gangs following the fatal stabbing of 21 year-old Ahusan Basheer.

After holding the “dangerous suspect” in pretrial detention for several days, Hassaan was released by the Criminal Court to house arrest. However he was arrested again shortly afterward.

The Criminal Court at the time extended his detention for three days, and after keeping Hassaan in pretrial detention for a further three days, he was released by the court after denying a police request for a further extension.

However Hassaan was taken into custody on his way home from the court, who requested yet another extension of detention.

On the last occasion, the judge ordered Hassan be placed under house arrest for his alleged involvement in a fight that occurred in Boduthakurufaanu Magu on December 3, 2010.

The PG then accused Hassan of aiding the escape of assault suspect Aseel Ismail, who had allegedly attacked Rilwan Faruhath with a machete.

In April this year, police publicised criminal records of 17 persons taken into custody and identified as “dangerous criminals.” The list includes Rilwan and Aseel as well. All 17 suspects have been arrested on average more than 10 to 15 times.

While the court has acquitted Hassan yesterday, he remains in remand custody until the trials of his pending cases could be conducted.

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MP Saleem denies corruption charges

Eydhafushi MP Ahmed “Redwave” Saleem has pleaded not guilty to charges that he was allegedly responsible for the illegal transfer of state funds to a private company in a violation of the country’s Anti-Corruption Act.

According to local media reports, prosecutors at the Criminal Court today alleged that Saleem, acting of his own accord, transferred 50 per cent of some government development funds to a company called Neyza Enterprises.  The allegations date back to 2003, when Saleem served as director of the Ministry of Atolls Development.

Haveeru reported that Saleem rejected allegations that he had been responsible for the funds transfer, claiming the charges against him were politically motivated  and an attempt by President Mohamed Nasheed to destroy his poltical career.

Judge Abdulla Didi reportedly told Saleem, who potentially faces a year in prison as well as the loss of his parliamentary seat if convicted, to avoid talking about politics and the president during the trial and discuss the charges against him.

Saleem’s lawyer MP Ibrahim Riza said that the charge documents had failed to clarify whether the defendant had been required to make an announcement concerning the development project linked to the case.  Riza claimed the situation was complicated by the government holding control of the documents in question.

Both the prosecution and defense submitted their respective list of witnesses to the court as the trial continues, Haveeru added.

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Parliament votes to sign Rome Statute of International Criminal Court

Parliament today voted almost unanimously that the Maldives sign the Rome Statute of the International Criminal Court (ICC), the founding treaty of the first permanent international court capable of trying perpetrators of genocide, crimes against humanity, and war crimes.

Maldivian MPs voted 61 in favour of signing the statute out of 64 members present.

Chairman of Parliament’s National Security Committee, Abdulla Yameen, presented the committee’s findings stating that signing the treaty would strengthen both criminal justice in the Maldives and the country’s commitment to human rights.

“All the countries that sign the treaty believe that such cases should be looked into with an international jurisdiction,” he said.

Former President’s Member of the Judicial Services Commission (JSC), Aishath Velezinee, said that accepting the jurisdiction of the ICC in the Maldives raised the possibility of taking cases to an international court when a fair trial was impossible in domestic courts.

“We have a unique situation in the Maldives,” said Velezinee, who contends that the former government’s Ministry of Justice was simply reappointed as an ‘independent’ judiciary by the politically-tainted JSC, in an ongoing effort to undermine the country’s democracy.

For this reason, she said, “Crimes [allegedly committed] by former President Maumoon Abdul Gayoom cannot be tried domestically. We can’t take the master before the slave and ask the slave to judge him. So where else can we go?”

Attorney General Abdulla Muiz had not responded at time of press.

The ICC’s advocacy group – the Coalition for the International Criminal Court (CICC) – on May 2 submitted a letter urging the Maldives to sign the treaty, which it claimed would “contribute toward strengthening the Asia and Pacific region’s under-represented voice at the ICC. Currently, only seven Asian states Afghanistan, Bangladesh, Cambodia, Japan, Republic of Korea, Mongolia and Timor-Leste – are member states of the Court.”

The CICC’s Asia Regional Coordinator Evelyn Balais-Serrano said at the time the letter was sent that the decision would represent “a strong desire to be part of the international community’s collective efforts towards international justice”, and “signals its resolve to move forward in its goal of ending impunity locally and globally.”

Internationally, 114 states have ratified or acceded to the treaty, and 139 are signatories. According to the CICC, the ICC’s mandate stipulates that the Court will only intervene if national legal systems are “unable or unwilling” to investigate and prosecute perpetrators of genocide, crimes against humanity, and war crimes.

Six pending investigations before the court include investigations in the Central African Republic, the Democratic Republic of the Congo, Darfur, the Sudan, Kenya, Libya and Uganda. Three trials are ongoing, and 15 arrest warrants have been issued.

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Criminal Court finds two businessmen charged with drug trafficking innocent

The Criminal Court has ruled that the Prosecutor General had been unable to prove that two businessmen Abdulatheef Mohamed and Hassan Ali charged with drug trafficking were guilty of the crime, due to lack of evidence and witnesses presented to the court.

Abdulatheef was arrested by police after they discovered more than one kilogram of illegal narcotics inside his car trunk.

However, the court said that there was not a single piece of evidence presented to the court suggesting that the illegal narcotics were imported with the knowledge of both Hassan and Abdulatheef.

The Criminal Court ruled that there was no reason to suspect that Abdulatheef and Hassan had an intention to traffic drugs.

During the investigation period of Abdulatheef, the Criminal Court summoned and ordered his release, a day after the High Court invalidated a letter sent by the Criminal Court to police asking to release the suspect under house arrest.

The Criminal Court first asked police to keep Abdulatheef in detention until his trial reached a conclusion. However the Criminal Court later sent a letter to the police changing the court’s first decision and asking police to switch Latheef’s detention to house arrest.

The police then appealed at the High Court to invalidate the letter. The High Court judges determined that the order in the letter was not consistent with the applicable laws concerning detention, and overruled it.

Latheef was arrested last year in December, as he was about to drive off in his car after loading some vegetables into the trunk.

Police officers attended the area, stopped his car and unpacked the loaded items in his presence and discovered 1083.4246 grams of illegal narcotics containing the substance Tetrahydrocannabinol (found in cannabis).

The Prosecutor General appealed at the High Court asking for Abdulatheef to be detained until his trial reached a conclusion and to rule that Criminal Court’s order to release him was unlawful.

However, the High Court ruled that there was no grounds to overrule the Criminal Court’s decision.

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MP Adil’s Criminal Court case postponed

A Criminal Court hearing concerning allegations of sexual abuse committed by Maldivian Democratic Party (MDP) MP Hassan Adil was reportedly postponed today after the presiding judge fell ill.

Adil, who faces charges relating to the alleged sexual abuse of a female minor, was scheduled to stand before the court this morning at 10am before the hearing was cancelled over a judge’s illness, according to newspaper Haveeru. The report did not specify when the trial may be re-held.

Adil was first taken into custody on April 4 and was released to house arrest after being kept for 15 days in pre-trial detention. He remains in house arrest after the Criminal Court last month extended the period of his detention.

The MP was a former member of the Dhivehi Qaumee Party (DQP) who moved to the MDP after claiming that his constituents wished him to do so.

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Criminal Court again orders release of high profile drug case suspect, despite High Court overruling decision

The Criminal Court has last night summoned and ordered the release of a suspect in a high profile drug case, a day after the High Court invalidated a letter sent by the Criminal Court to the police asking to release him under house arrest.

The Criminal Court first asked  police to keep Abdul Latheef, of Gnaviyani Atoll Fuvamulah, in detention as determined by the Home Ministry, until his trial reached a conclusion. However the Criminal Court later sent a letter to the police changing the court’s first decision and asking police to switch Latheef’s detention to house arrest.

The police then appealed at the High Court to invalidate the letter. The High Court judges determined that the order in the letter was not consistent with the applicable laws concerning detention, and overruled it last Tuesday.

Latheef was arrested last year in December, as he was about to drive off in his car after loading some vegetables into the trunk.

Police officers attended the area, stopped his car and unpacked the loaded items in his presence and discovered 1083.4246 grams of illegal narcotics containing the substance Tetrahydrocannabinol (found in cannabis).

Police Sub-Inspector Ahmed Shiyam said Latheef was presented to the court prior to the custodial deadline upon a request by the Criminal Court.

‘’We have not noticed anything unusual about it,’’ he said. ‘’The court just requested police to summon him and we did, then the court ordered his release and so we released him.’’

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JSC abolishes complaints committee in name of efficiency

The Judicial Services Commission (JSC) has abolished its Complaints Committee citing “efficiency”, with complaints against judges now being forwarded for review by the legal section and Commission head Adam Mohamed.

Last year the JSC received 143 complaints concerning the conduct of judges. By its own statistics none were tabled in the commission, and only five were ever replied to.

Chair of the former complaints commission, the President’s Member of the JSC Aishath Velezinee who was stabbed in the street in January this year, said the complaints committee had been unable to operate as the chair had persistently scheduled meetings “during the same days and hours as the committee meetings, and it came to the point where it was impossible for the committee to meet and work.”

“Several members including Dhivehi Rayyithunge Party (DRP) MP Afrashim Ali also boycotted the meetings making it difficult for the committee to function,” Velezinee said, claiming that no procedure had been followed in abolishing the committee, and intention was to stop complaints against judges from being investigated.

“The JSC recently adopted house rules, which gives extraordinary powers to the chair. The chair decides whether to table complaints, routinely withholds information from the Commission and responds [to complaints] himself,” she said.

The JSC has failed to table or even acknowledge receipt of a report on the judiciary produced by the International Commission of Jurists (ICJ), which questioned whether the JSC’s possessed the technical ability and knowledge to investigate complaints and hold the judiciary accountable, as well as its independence.

The opposition-majority parliament has meanwhile yet to back the government’s request that the Maldives join the International Criminal Court (ICC), of which half the world’s nations are members. Velezinee has previously accused certain opposition MPs of manipulating the judiciary through JSC in an attempt to retain control of the legal impunity provided them under the previous government’s Ministry of Justice.

Central to the International Criminal Court’s mandate “is the principle of complementarity, which holds that the Court will only intervene if national legal systems are unable or unwilling to investigate and prosecute perpetrators of genocide, crimes against humanity, and war crimes,” the ICC’s international NGO coalition said in a statement.

“Perpetrators of genocide, war crimes, and crimes against humanity must be held accountable. Greater support for the ICC in Asia is needed in order to increase the region’s commitment to the fight against impunity. The Coalition therefore encourages Maldives to assert its commitment to ending the culture of impunity by acceding to the Rome Statute of the ICC.”

Parliament has meanwhile been deliberating on an amendment to the Clemency Act whereby death sentences issued by judges would be acted upon when all appeals failed. The last person be judicially executed in the Maldives was Hakim Didi in 1953, who was executed by firing squad after being found guilty of conspiracy to murder using black magic.

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