Tag: criminal court

President Yameen denies knowledge of Nazim weapons set-up

President Abdulla Yameen today hit back at Adhaalath Party President Sheikh Imran Abdulla’s claims the president was aware of the alleged framing of former Defence Minister Mohamed Nazim in an illegal weapons charge.

Sheikh Imran, speaking at the opposition Alliance Against Brutality last night, said he had met with President Yameen on March 3 and told the president he would have knowledge of the senior government officials involved in the set-up against Nazim.

“Even though it cannot be proven at the court, we told [President] Yameen that we have enough evidence to prove that Nazim was being framed, and told him to our knowledge the president was well aware of what had happened. But the president said he did not know,” Sheikh Imran told hundreds of opposition supporters.

The President’s Office issued a statement today denying Imran’s claim, stating President Yameen had responded to Imran’s allegations of framing, saying he was not aware “whether Nazim had been framed or not.”

Sheikh Imran had asked the president to withdraw charges against Nazim at the 1.5 hour meeting, but President Yameen told the six member Adhaalath Party delegation that he had no constitutional authority to withdraw charges pressed by an independent Prosecutor General following an independent police investigation, the statement said.

President Yameen then instructed Sheikh Imran to join Nazim’s defence team and mount a defence through the court if he had reason to believe Nazim was framed. The President also told Sheikh Imran the matter must be resolved through the courts, the statement continued.

Nazim maintains the pistol and three bullets found in a bedside drawer during a midnight raid were planted by rogue officers. However, the Criminal Court yesterday only called two out of 38 defence witnesses, claiming the witnesses presented by the defence did not appear to negate the prosecution’s claims.

The former Defence Minister alleges Tourism Minister Ahmed Adeeb had planned the set-up following a fallout over Adeeb’s alleged use of police officers to commit crimes, including the chopping down of all of Malé City’s Areca Palms. Both Adeeb and Maldives Police Services have denied the allegations.

Sheikh Imran last night also declared that the opposition would no longer tolerate President Yameen’s “brutality,” Adeeb’s alleged rampant corruption, unfair prosecution of political rivals, and “destruction of public property”.

In response, President’s Office said Imran should file any complaints of corruption with the Anti Corruption Commission.

The Adhaalath Party, Nazim’s family, high ranking Jumhooree Party (JP) officials and opposition Maldivian Democratic Party (MDP) united against President Yameen’s alleged brutality last week.

The Alliance Against Brutality last night warned the government to initiate dialogue with the opposition or face the consequences.

“If [President Yameen] does not come to the [negotation] table, I would say he won’t have any other choice but to go home,” said JP Deputy Leader Ameen Ibrahim.

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Detention drove home immensity of President Nasheed’s “sacrifice,” says MDP MP Fayyaz

A 15-day incarceration at the Dhoonidhoo detention centre drove home the immensity of President Mohamed Nasheed’s sacrifices for the sake of democracy, opposition Maldivian Democratic Party (MDP) MP Fayyaz Ismail has said.

The MP for Laamu Gan was arrested during a demonstration on March 6 and held in remand detention after refusing the Criminal Court’s condition for release of not attending protests for 60 days.

“When I came home to my family upon my release, that’s when I realised what President Nasheed had sacrificed before and what he continues to sacrifice,” Fayyaz told Minivan News in an interview today.

People knew of Nasheed’s sacrifices at “an abstract level”, Fayyaz explained, but his own “personal experience” made him realise the hardship the opposition leader has been through.

“Why is he making this sacrifice? For future generations. So we need to do everything we can once again to restore a people’s government,” he said.

Prior to his election in 2008, Nasheed was imprisoned over a dozen times for dissident activities during the 30-year reign of former President Maumoon Abdul Gayoom.

Fayyaz, who lives with his wife and five-year-old daughter, said his detention was the longest period he had been separated from his family.

He added that it was difficult to explain to his daughter why he had been away from home for so long.

“When they are so young, we do not want to tell them the way their authorities is acting is wrong, otherwise they will be prejudiced towards those institutions. So it was very difficult for me to tell her why her father was away for such a long time,” he said.

The MDP has been protesting in the capital every night since Nasheed’s arrest on February 22.

On March 13, the opposition leader was found guilty of ordering the military to “forcibly abduct” Criminal Court Chief Judge Abdulla Mohamed and sentenced to 13 years in prison.

Conditional release

Recalling his arrest and remand hearing, Fayyaz said police had requested the Criminal Court judge to extend his detention.

“Since I had no criminal record, the judge ordered my release with a condition of avoiding participation in protests for 60 days,” he said.

“But I refused to accept that condition. I told them protesting was a right guaranteed to me by the Constitution. When I said so, I think the judge was displeased, and he ordered for me to be locked up for another 15 days.”

Fayyaz noted that under the Constitution, an individual could only be held in custody prior to sentencing if there was either a “danger of the accused absconding or not appearing at trial, [for] the protection of the public, or danger of influencing witnesses or tampering with evidence.”

He questioned how the Criminal Court judge could decide he was “suddenly a danger to the society,” just after ordering his release on the condition of staying away from protests.

He advised others arrested during protests to refuse the conditional release and appeal the court’s decision.

“We believe that the judiciary has also been politically influenced. I do not think that anyone with a good conscience could accept that the judiciary is independent,” Fayyaz said.

“So I think the judiciary’s intention behind these conditions is to discourage protesting.”

Fayyaz also said his detention changed the way he perceived the police and gave him hope. He praised the “professionalism and kindness” shown to him by individual officers at the Dhoonidhoo Detention Center.

He suggested that the issue was with “leaders abusing the system” rather than policemen, who he said were “good people.”

Fayyaz said he had not decided to make a principled stand before appearing before the judge for the remand hearing, adding that the defiance “came naturally.”

“Even in my profession as a lawyer, we are seeing corruption and influence into these things. So in such an environment, we have to protest. If we do not protest today, tomorrow we will not be able to even talk like this,” he said.

 

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Hundreds urge Criminal Court to release Nasheed’s court proceedings

Hundreds of opposition Maldivian Democratic Party (MDP) supporters today urged Criminal Court Chief Judge Abdulla Mohamed to release a transcript of court proceedings necessary for the appeal of former President Mohamed Nasheed’s 13-year jail sentence.

In a letter to Judge Abdulla, over a hundred signatories noted the ten-day appeal period would expire on Monday, March 23, and urged the court to release court proceedings without further delay.

The High Court subsequently informed Nasheed’s lawyers that the appeal period would expire on March 26 (Thursday).

Nasheed was convicted of terrorism on March 13 over the January 2012 military detention of Judge Abdulla in a trial many international and domestic observers called a “travesty of justice.”

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein and the UN Special Rapporteur on Independence of Lawyers and Judges Gabriela Knaul last week urged the Maldives to guarantee that Nasheed’s appeal would respect the most stringent fair trial standards and observe due process.

Speaking to Minivan News today, Nasheed’s lawyer, Hassan Latheef, said the Criminal Court had only provided a summary of the judgment, and said the full court proceedings were necessary for a strong appeal.

Latheef said the High Court’s decision to discount weekends in the new appeal period demonstrated the judiciary’s extraordinary treatment of Nasheed’s case.

The Supreme Court in January issued new regulations reducing the maximum period of appeal from 90 days to ten days. On March 5, in an announcement online, the Supreme Court said the ten day appeal did not include weekends or the day the verdict was issued.

The MDP has previously accused the Criminal Court of deliberately thwarting Nasheed’s attempts to launch an appeal. Meanwhile, the legal team in a statement last week noted the Criminal Court contravened the Supreme Court’s appeal regulations by providing the judgment summary a week late.

Speaking to Minivan News today, MDP MP Eva Abdulla said the possibility of the judiciary providing Nasheed adequate time to prepare an appeal seemed “unlikely, to say the least.”

Eva, MDP MP Ahmed Falah and Independent MP Ahmed Mahloof led the group delivering the letters to the Criminal Court. The crowd set out from the MDP offices towards the Criminal Court at noon, but were blocked at the President’s Office and the Supreme Court.

MP Falah rubs wrists after being handcuffed
MP Falah rubs wrists after being handcuffed

Police detained Falah in a scuffle near the President’s Office. He was handcuffed and taken to the Police HQ, but was immediately released.

When the group reached the Criminal Court, they were pushed behind barricades in a narrow alleyway and police escorted each letter bearer separately into the Justice Building.

After submitting his letter, 27-year-old Shammoon Jaleel said he did not believe justice was possible in the Maldives at present and he had also put a suggestion into a suggestion box at the Criminal Court asking the judiciary to “tear down the justice building and build a park there.”

Shimla Adam, 45, pointed out Nasheed’s legal team did not have enough time to review court proceedings and lodge an appeal even if the Criminal Court provided the report today.

“I do not think President Nasheed will get any justice. I have no hope of things getting better in this country,” she said.

President Abdulla Yameen has previously called on all parties to respect the Criminal Court’s verdict, stating Nasheed had “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

UN rights experts Knaul and Zeid have called on the Maldives to allow international observers including jurists to attend Nasheed’s appeal hearings.

This article was amended to include a statement by the Supreme Court which said the appeal deadline does not include weekends or the day a verdict is issued. 

 

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MDP, Adhaalath Party announces first rally of “Maldivians against brutality” alliance

The first rally of the newly formed “Maldivians against brutality” alliance of the opposition Maldivian Democratic Party (MDP) and former rival Adhaalath Party (AP) is due to take place tonight.

At a press conference of the opposition alliance this afternoon, AP President Sheikh Imran Abdulla stressed the importance of a united and strong alliance to counter the “brutality” of President Abdulla Yameen’s administration.

“The goal of this alliance is to bring an end to the government’s brutality. That does not mean overthrowing the government,” Imran said.

The MDP’s national council adopted a resolution this week to work together with the AP after Imran called for the formation of a “national unity alliance” against the government.

MDP Chairperson Ali Waheed said today that the opposition alliance would form a steering committee to organise its activities and invited the public to attend the rally at the carnival area at 9:00pm.

“We need to put our clashing opinions aside and work together for national interest,” Waheed said.

Jumhooree Party (JP) Deputy Leaders Ameen Ibrahim and Dr Hussain Rasheed Hassan meanwhile told the press that they were working with the movement in their “personal capacity” as the JP’s council has not officially joined the movement.

Ameen said the party decided against formally joining the alliance as the public might perceive that the party was working to protect its leader’s business interests. Last month, JP Leader Gasim Ibrahim’s Villa Group was ordered to pay the state US$100 million allegedly owed as unpaid rent and fines in 30 days.

United front

Imran contended that the two people suffering the most under Yameen’s government was ruling Progressive Party of Maldives (PPM) leader, former President Maumoon Abdul Gayoom, along with Gasim, listing former President Mohamed Nasheed as the third.

He further claimed that the target of an amendment proposed by a pro-government MP for discontinuing state benefits for convicted ex-presidents was Gayoom.

Former President Nasheed was found guilty of terrorism and sentenced to 13 years in prison last Friday (March 13).

Imran also alleged that a PPM member offered him a bribe today to scuttle the opposition alliance and claimed he could have accepted US$10 million in bribes from Indian infrastructure giant GMR to cease protests calling for the termination of the airport development deal in late 2012.

“I would like to tell all of Maldives that I would not sell my principles for money,” he said.

He further alleged that the AP chose to back Gasim in the presidential election despite the PPM offering large amounts of money in exchange for the religious conservative party’s endorsement.

Imran said the decision to form an alliance with the MDP has led to differences of opinion within the party, stating that the AP was the “most democratic” party in the country.

Imran played a pivotal role in the downfall of the Nasheed administration in February 2012, spearheading anti-government demonstrations against the MDP government’s allegedly anti-Islamic policies in 2011 and the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

After backing Gasim in the 2013 presidential election, the AP later endorsed PPM candidate Abdulla Yameen against Nasheed in the second round run-off.

A “career” of toppling governments

Asked at a press conference yesterday whether the government was facing domestic and international pressure due to the opposition alliance’s activities, Tourism Minister Ahmed Adeeb insisted that the government was stable with a strong parliamentary majority.

“We are not surprised. It’s always the same people. Whenever a new government comes, they will be with the government. But before too long, they would say ‘[the government] did this or that’ and [should be] toppled,” he said in an apparent reference to the AP.

“Their whole career is bringing a government and overthrowing the government. This has become the same career for them.”

The PPM deputy leader contended that the opposition was unable to back up its allegation of the government violating the constitution and has now ceased that line of attack.

Those who protested against Nasheed “for the sake of Islam and the nation” were currently working with a party they alleged had “sold off the nation,” he said.

The current administration has neither sold off state assets nor carried out any anti-Islamic activities, Adeeb said, adding, however, that some religious scholars considered music shows a serious “wrongdoing”.

If the religious scholars believed in Islamic principles “with such harshness”, Adeeb argued that earning money from the sale of alcohol and pork should be forbidden.

“But it was these religious people who took the hands of such a person and ran with him twice to make him president. I don’t want to name names,” he said.

Related to this story

MDP to work with Adhaalath Party as Sheikh Imran calls for “national unity alliance” against government

MDP to launch national civil disobedience campaign to free Nasheed

It’s time for Adhaalath Party to stand up for Maldives, says Sheikh Imran

Foreigners cannot meddle in domestic affairs, declares President Yameen

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Nasheed’s lawyers decry Criminal Court failure to provide court proceedings as appeal deadline approaches

With additional reporting by Shafaa Hameed

Former President Mohamed Nasheed’s lawyers today decried the Criminal Court’s continued failure to provide court proceedings into the opposition leader’s terrorism trial, with only two days remaining before the appeal period expires.

The Criminal Court only today released a judgment summary, which lawyers say is not enough to build an appeal.

Without the full transcripts of court proceedings, lawyers would not be able to determine if the three judge panel had considered fully witness testimony and defence arguments in their verdict, a statement issued today said.

Expressing grave concern, Nasheed’s legal team said the Criminal Court’s failure to provide court proceedings “is an obstruction of President Nasheed’s right to appeal.”

The opposition leader was convicted of terrorism and sentenced to 13 years in jail on March 13. According to new rules enacted prior to Nasheed’s trial, lawyers have 10 days to file their appeal.

A signed copy of the judgment summary was provided just before 3:00pm today, although the Supreme Court issued rules require judges to provide the summary at the end of the trial.

The appeal deadline is believed to expire on Sunday, March 22.

Asked if the ten-day appeal period included weekends, a Criminal Court spokesperson said he would have to check the new rules.

“These are untested rules. So we will file the appeal by Sunday, March 22,” Ahmed said.

The conviction of the opposition leader on terrorism charges relates to the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Nasheed’s Maldivian Democratic Party (MDP) has previously accused the Criminal Court of “deliberately refusing to release court proceedings in order to frustrate attempts at launching an appeal.”

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on Wednesday called on the Maldives to enable international jurists to observe an appeal after “a hasty and apparently unfair trial.”

Expressing strong concern, Zeid noted that the Criminal Court refused to provide Nasheed adequate time to prepare a defence, and said the court’s decision not to call defence witnesses was “contrary to international fair trial standards.”

He urged the former president be given adequate time to prepare and present his defence during the appeal process.

“The Nasheed case places the Maldives judicial processes in a sharp spotlight. The flagrant irregularities in this case can still be rectified in the appeal process, and I urge the authorities to restore domestic and international confidence in the legal system by enabling international jurists to observe the appeal process,” he said.

The surprise trial began one day after Nasheed was arrested on February 22, and was completed after 11 hearings in 19 days.

“It is hard to see how such hasty proceedings, which are far from the norm in the Maldives, can be compatible with the authorities’ obligations under international law to conduct a fair trial,” the UN human rights chief said.

President Abdulla Yameen meanwhile called on all parties to respect the Criminal Court’s verdict.

In a statement released by the President’s Office on Sunday (March 15), President Yameen noted that the opposition leader has “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

Correction: This article previously stated the Criminal Court had issued court proceedings. This is incorrect. The court had only provided a judgment summary.  

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UN human rights chief expresses strong concern over “hasty and apparently unfair” Nasheed trial

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

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

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India, UK politicians continue to voice concern over Nasheed’s imprisonment

Politicians from the United Kingdom and India this week continued to voice concerns over former President Mohamed Nasheed’s 13 year jail term for terrorism offences.

“We have a number of serious concerns about increasing political tensions in the Maldives and the arrest of former President Nasheed,” Minister of State for the Foreign and Commonwealth Office Hugo Swire told parliament this week.

Meanwhile, Indian diplomats have called the trial a foregone conclusion, while the French government has added its voice to growing international concern over the trial.

On March 16, UK Conservative Party MP Geoffrey Clifton-Brown questioned Swire about discussions held with Maldives foreign minister Dunya Maumoon regarding Nasheed’s rushed trial.

In response, Swire said the trial was not conducted in “accordance with due legal procedure.”

“Despite calls from the international community for due process to be followed, we are concerned that the former President’s trial has not been conducted in a transparent and impartial manner nor in accordance with due legal process,” he added.

Last week, Lord Alton of Liverpool asked the UK government for its assessment of the Criminal Court’s decision to deny Nasheed rights of appeal in relation to his initial arrest, and asked what discussions had taken place with the Commonwealth over the rule of law in the Maldives.

Conservative peer Baroness Joyce Anelay referred to Swire’s statements expressing concern over irregularities in Nasheed’s trial, saying the UK continues to monitor the situation closely.

“It is important for international confidence in Maldives that Mr Nasheed, like all other citizens, is seen to be enjoying due legal process and respect for his fundamental rights,” she said.

International concern grows

Nasheed was charged with terrorism over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012. The Criminal Court’s refusal to allow Nasheed legal counsel, adequate time to prepare defence, or to hear defence witnesses has caused international concern.

The United States, United Kingdom, and the European Union expressed concern with the lack of due process, while Amnesty International has said Nasheed’s conviction “after a deeply flawed and politically motivated trial is a travesty of justice.”

The French Embassy for Sri Lanka and the Maldives has been the latest to join the increasing international chorus of concern.

“France wishes to reiterate the importance of the right to a fair trial, which is a founding principle of democracy. We call on the Maldivian government to stand by its international commitments in this field,” a statement issued on Wednesday read.

Meanwhile, several Indian Diplomats told India’s Economic Times that the outcome of the trial had been a foregone conclusion, with the verdict written long before Nasheed was arrested and charged with terrorism.

“Every hearing at the court has been a blow to the rule of law,” said an unnamed Indian official.

“It is apparent that Yameen’s government, despite being seen as strong and stable, has seeds of instability within itself due to Yameen’s narrow outlook which has led to sustained efforts on the part of his coterie to neutralize other potential power centres and prospective threats,” the official said.

Government defends trial

Foreign minister Dunya Maumoon, at a press conference in Colombo on Monday (March 16), called upon India and Sri Lanka to defend the Maldives from “unjust criticism” from the international community.

Dunya and Attorney General Mohamed Anil maintained the trial was fair and just, insisting that the government does not interfere with the judiciary.

Arresting Judge Abdulla was a “serious crime,” Dunya said.

“We feel, that some people are a lot stricter on us because we are a small nation,” said Dunya. “There are countries with bigger issues than the Maldives.”

Dunya has previously condemned international statements of concern, stating: “Those who prefer to issue public statements about an on-going legal case, or on a domestic political situation, are advised to do a basic fact-check, before bandwagoning on to accusations made by a political party.”

In a statement issued last week, Dunya said that President Abdulla Yameen’s administration “will not take instructions from a foreign government on any issue in governing the country.”

President Abdulla Yameen has meanwhile called on all parties to respect the Criminal Court’s verdict.

In a statement released by the President’s Office on Sunday (March 15), President Yameen noted that the opposition leader has “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

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

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

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Adeeb and Mahloof in Twitter spat after allegations of threats and bribery

Former ruling Progressive Party of Maldives (PPM) MP Ahmed Mahloof has claimed a group of ten men attempted to break in to his apartment last night after Tourism Minister Ahmed Adeeb threatened him over the phone.

In a tweet at 10:15 pm on March 15, Mahloof claimed the group tried to forcefully enter his home around 9:30 pm.

The Maldives Police Services confirmed they are investigating a case where “a suspicious group of people knocked on Henveiru East Light before taking off.”

Adeeb has denied the allegations, claiming Mahloof was getting paid or bribed to defame him and President Abdulla Yameen. 

Adeeb shared a screenshot of an alleged text conversation between Mahloof and Adeeb, where Mahloof appeared to threaten him saying “things would get ugly tonight” and that he could ruin the tourism minister’s name with “only one tweet.”

Reload in the tweet refers to a local term for topping up credit on mobile phones.

Mahloof in a subsequent tweet claimed the screenshot of the text messages were fabricated. He also shared a recording of the phone call in which he claims Adeeb threatened him.

In the recording, which appears slightly edited, Adeeb said he had called Mahloof back because the MP had said he would pay Adeeb back.

“I don’t have to pay you, I would only have to pay back if I’d taken money from you. I don’t have to pay back campaign money. Why are you speaking so much of me, my wife, of stabbings and drugs? We don’t have to go to that level,” Mahloof said.

“I don’t talk. I’m not one to talk, if I wanted to do something, I act,” Adeeb replied.

When Mahloof maintained he did not owe any money, Adeeb says: “Yeah OK, hold on then. Let’s see if you dare to remain that way.”

Adeeb has called the recording fake and said it indicated the Galholu South MP was getting “desperate.” 

Opposition Maldivian Democratic Party (MDP) has meanwhile condemned the attempted break in at Mahloof’s house, and accused Speaker Abdulla Maseeh and the government of negligence in affording parliamentarians security.

The MDP noted threats against opposition MPs had caused the Inter-Parliamentary Union to classify the Maldives as one of the most dangerous countries to be an MP.

At today’s People’s Majilis sitting, Mahloof went up to Speaker Abdulla Maseeh’s desk and demanded that he be provided protection before he was “murdered.”

He also tweeted last night saying telecom provider Dhiraagu had called him to inform him that an individual pretending to be Mahloof had requested his mobile number be disconnected. The caller had told Dhiraagu Mahloof’s mobile phone had been lost.

Mahloof was recently expelled from the PPM for allegedly defaming President Abdulla Yameen.

PPM accused Mahloof of making statements that could undermine public confidence in President Yameen as well as misleading the public regarding the arrest of former Defense Minister Colonel (Retired) Mohamed Nazim.

Speaking to Minivan News at the time, Mahloof said: “I was removed from the party just like how the Auditor General and Supreme Court Justices were removed. In haste, without due process.”

Last week, Home Minister Umar Naseer alleged that a man armed with a knife and a hammer broke into his apartment building.

“A person broke the window and entered the adjacent apartment with a knife. He escaped when a woman screamed. Left a knife and a hammer,” read a tweet from the home minister the following morning.

The break-in came amidst shocking allegations of rifts within President Abdulla Yameen’s cabinet. Dismissed Defence Minister Nazim last week accused Tourism Minister Ahmed Adeeb of using rogue police officers to plant a pistol and three bullets in his apartment.

Nazim is currently in police custody standing trial for smuggling illegal weapons.

Nazim’s lawyers told the Criminal Court Adeeb threatened to “destroy” Nazim during a conference call with Naseer. The home minister had informed President Yameen of the threat at the time, he claimed.

Adeeb told Minivan News he was “shocked” by Nazim’s lawyer’s “lies.”

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High Court dismisses Nasheed’s arrest warrant appeal

The High Court today dismissed former President Mohamed Nasheed’s appeal challenging the legality of the Criminal Court’s February 22 arrest warrant, after the opposition leader asked for an open hearing.

The High Court denied Nasheed’s request, claiming neither members of the public nor journalists were allowed to observe appeal hearings.

The appellate court dismissed the case after the former president reportedly refused to enter the courtroom.

Hisaan Hussain from Nasheed’s legal team told reporters that the High Court had decided in a circular to hold closed hearings for appeals concerning arrest warrants.

She argued that the decision was in violation of Article 42 of the Constitution and Article 71 of the Judicature Act as circulars did not have the force of either laws or regulations that derived its authority from an act of parliament.

Nasheed’s lawyer, Hassan Latheef, told Minivan News that the legal team has decided to appeal the High Court’s decision at the Supreme Court.

Article 42 of the Constitution states that “trials of any matter shall be held publicly” while the presiding judge could exclude the public in the interest of public morals, order and national security, or where juveniles or the victim of the crime requires, and in cases where public interest would prejudice justice.

The opposition Maldivian Democratic Party (MDP) subsequently released a statement contending that the High Court did not have the legal authority to bar members of the public and journalists from observing hearings.

“By carrying out court proceedings in a manner that prevents constitutional rights and protection, the High Court is losing public trust, with the appeal process losing its meaning,” the MDP said.

Following the Criminal Court convicting Nasheed on terrorism charges on Friday night (March 13), Latheef said the legal team has requested the court report in order to appeal the 13-year prison sentence at the High Court within ten days.

A Supreme Court circular in January shortened the maximum appeal period from 90 days to ten days, claiming it would ensure the right to appeal in a timely manner.

“The Criminal Court informed us that the report will be provided in seven to 14 days,” said Latheef, noting that it would leave the defence team two days to prepare for the appeal hearing.

“Every aspect of this trial is very different from normal procedures followed by the courts,” he said.

President’s Office Spokesperson Ibrahim Muaz said yesterday that the government would ensure Nasheed’s right to appeal.

“I believe the Criminal Court would have afforded due process in the conduct of Nasheed’s trial. If you study this case, from the beginning to the end, it is clear the charges are not politically motivated,” Muaz insisted.

“We have a system of separation of powers. In a democracy, the head of state does not interfere in judicial proceedings and is not to blame for court proceedings,” Muaz said.

Nasheed was brought from the Dhoonidhoo detention centre to Malé around 1:30pm.

Hundreds of protesters were gathered near the High Court building, demanding the former president’s immediate release.

MDP High Court Protest

Police informed Minivan News that four individuals were arrested from the protest for allegedly obstructing police duties and for trying to harm police officers. Minivan News journalists observed police officers using pepper spray indiscriminately while making the arrests.

MDP High Court Protest

Throughout the Criminal Court trial, Nasheed maintained that he had been deprived of basic constitutional rights, including the right to legal counsel, right to appeal, and the right to be provided adequate time to prepare a defence. Judges also refused to hear defence witnesses claiming they did not appear to negate the prosecution’s case.

Delivering the guilty verdict Friday night, Judge Abdulla Didi said the prosecution’s evidence proved beyond reasonable doubt that Nasheed as commander-in-chief ordered the arrest or “forceful abduction” of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The former president was arrested on February 22 after Prosecutor General Muhthaz Muhsin personally sought an arrest warrant from the Criminal Court ahead of the surprise terrorism trial.

Related to this story

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Majlis committee votes to approve Jaleel as Defence Minister

The People’s Majilis’ government oversight committee has approved Major General (retired) Moosa Ali Jaleel as Defense Minister, despite pending terrorism charges at the Criminal Court.

Five ruling coalition MPs voted in favor. Opposition MPs and one ruling Progressive Party of Maldives (PPM) MP voted against the retired general.

“I refuse to vote for him because there are serious accusations against him. It is not right to approve him with all of these accusations,” said PPM MP Abdul Latheef Mohamed.

Jaleel was charged with terrorism along with former President Mohamed Nasheed for the military detention of Criminal Court Chief Judge Abdulla Mohamed in 2012.

On March 13, Nasheed was found guilty and sentenced to 13 years in prison.

President Abdulla Yameen appointed Jaleel as Defense Minister after dismissing Retired Colonel Mohamed Nazim from the position on January 20.

Nazim is currently standing trial for smuggling illegal weapons following the police’s controversial discovery of a gun and three bullets during a midnight raid on January 18.

Jaleel has previously participated in a rally demanding a speedy verdict for Nasheed.

The Criminal Court has scheduled a hearing for Jaleel tomorrow night (March 16) at 8.00 pm.

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