Tag: disobedience to order

Penal code delayed amid opposition MPs’ protest

Parliament has approved a three-month delay for the implementation of the new penal code amid vociferous protests by opposition MPs on the People’s Majlis floor.

The new penal code was ratified a year ago and was due to come into force tomorrow, but the ruling Progressive Party of Madives (PPM) claims more time is needed to raise awareness among the public.

However, both the attorney general and prosecutor general have said there is no reason to delay enforcement. The government has trained some 1,100 individuals including state prosecutors, police officers, customs staff, lawyers and journalists on the new law.

Critics say the existing penal code adopted in 1966 is outdated, draconian and not in line with international human rights conventions the Maldives is signatory to.

The main opposition Maldivian Democratic Party (MDP) contends that the postponement is a “politically motivated attempt to continue using the current penal code as a means to harass and intimidate the opposition.”

Hundreds of protesters face harsher punishment for ‘disobedience to order,’ a charge MDP argues the government uses to suppress rights to expression and assembly.

While similar offences are included in the new penal code, the punishment for protesters who do not have a criminal record would have been less severe as judges are required to take mitigating factors into consideration under sentencing procedures.

Show of hands

The government-sponsored amendment bill to the penal code was passed with 43 votes in favour and one against at an extraordinary sitting of parliament held today.

Prior to voting, MDP MPs took over the speaker’s chair and the secretariat desk and protested with megaphones and sirens, leaving Speaker Abdulla Maseeh Mohamed unable to use the electronic voting system and forcing secretariat staff to vacate their chairs.

In a scuffle between pro-government and opposition MPs, PPM MP Ahmed Assad grabbed and smashed one of the megaphones.

Pro-government MPs meanwhile surrounded Speaker Maseeh as he used a megaphone to ask for a show of hands. The secretary-general walked around the chamber and took the count.

Adhaalath Party MP Anara Naeem voted against the legislation.

MDP MPs have said the voting took place in violation of parliamentary rules as there was disorder in the chamber.

“During this time of increased political opposition to the [Abdulla] Yameen government, the MDP condemns the government’s use of their political majority to cripple the criminal justice system and restrict the rights of all Maldivians,” the party said in a statement.

However, majority leader Ahmed Nihan said former Speaker Abdulla Shahid had called a vote under similar circumstances in 2011, which can be considered a precedent under the standing orders.

Human rights NGO Maldivian Democracy Network has called on President Yameen not to ratify the amendments as the current law “is widely understood as draconian and unreflective of the democratisation process that was introduced to the Maldives through the constitution ratified in August 2008.”

Preparations

Speaking at a symposium about the new penal code yesterday, Attorney General Mohamed Anil said the country should bid farewell to the existing law “without any fear” as it was unsuited to the present day.

Former Prosecutor General Hussain Shameem told Minivan News today that 98 percent of police investigators have been provided extensive training as part of preparations for implementing the penal code.

Shameem has been involved in the training as a senior legal consultant at the Legal Sector Resource Centre established by the attorney general’s office with assistance from the UNDP to train and sensitise stakeholders.

A phone application for the penal code was launched yesterday and 12 information papers were published on the penal code website, he added.

Shameem noted that the website features an ‘ask us’ interactive function, marking the first time questions can be posed to experts regarding a Maldivian law.

“So the government is ready. The public are ready as all this information has been provided through the media as well. The documents and phone application are available. We have never been more prepared for a law than this,” he said.

Majority leader Nihan meanwhile told reporters that the PPM parliamentary group did not consult the attorney general’s office before today’s vote.

Nihan said ruling party MPs did not believe the public was adequately prepared, adding that the state broadcaster should show educational television programmes.

Revisions based on issues raised by religious NGOs can also be incorporated during the next three months, he said.

NGO Salaf said today that the new penal code is contrary to the principles of Islamic Sharia.

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PG withdraws disobedience to order charges against home minister

Prosecutor General (PG) Muhthaz Muhsin has withdrawn disobedience to order charges against Home Minister Umar Naseer.

Muhsin had raised charges against Naseer in April for violating Article 8 (a) of the General Laws Act of 1968 when he called on anti-government protesters in January 2012 to storm the military headquarters with 50 ladders.

The clause prohibits speech or writing contravening Islamic tenets.

If found guilty, Naseer would have faced imprisonment, banishment, or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

PG Office Spokesperson Adam Arif said charges had been withdrawn in August for further review, and stressed that the PG is authorised to withdraw charges at any point until a sentence is issued. The moves comes after concluding statements had been delivered at the Criminal Court.

Opposition Maldivian Democratic Party MP Imthiyaz Fahmy said the move “is yet another act by a PG backed by the government to deliberately show the people that the government enjoys complete impunity.”

The decision appears to reflect a thawing of a tense relationship between Naseer and President Abdulla Yameen.

Naseer was summoned to court during the acrimonious dissolution of a coalition agreement between Naseer’s Jumhooree Party (JP) and the ruling Progressive Party of the Maldives (PPM).

Four ministers had been appointed to the cabinet on JP slots, but following the split two defected and a further minister was dismissed. Naseer now remains as the sole JP minister in the cabinet.

Naseer initially joined the JP after he lost the PPM primaries to Yameen in 2013. Following this defeat, he publicly alleged widespread vote rigging and accused Yameen of illicit connections with gangs and the illegal drug trade.

Naseer also implicated Yameen in MP Dr Afrasheem Ali’s death, claiming he had witnessed a meeting between Yameen and an individual who was under investigation for Afrasheem’s brutal death.

Naseer has since retracted his statement under oath during a Majlis sitting.

In August, Yameen also reduced the home minister’s powers after Naseer allegedly ordered police officers to investigate Minister of Tourism Ahmed Adeeb – the PPM deputy leader – for alleged unlawful activities.

Criminal Court Chief Judge Abdulla Mohamed took over the case mid-way through the trial from Judge Abdulla Didi, after Naseer requested a change of judge folowing Didi’s refusal to accept a procedural point raised by Naseer.

Didi, on June 12, had issued an arrest warrant ordering the police to present Naseer at court today after he had missed three consecutive hearings due to official visits abroad.

The police, however, made no move to arrest the minister on his return to the Maldives, and Naseer arrived at the court on June 17 with a bodyguard escort.

Naseer had initially refused to cooperate with the trial, claiming clause Article 8 (a) contradicted the freedom of expression guaranteed by the constitution.


Related to this story

Home Minister Umar Naseer’s trial concludes at Criminal Court

Home Minister refuses to cooperate with disobedience trial

President Yameen does not have gang affiliations, Umar tells the Majlis

Umar Naseer is not a fugitive from justice, says Home Ministry

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Home Minister Umar Naseer’s trial concludes at Criminal Court

Home Minister Umar Naseer’s trial at the Criminal Court on charges of disobedience to order after calling for protesters in January 2012 to storm military barracks has concluded today.

After hearing closing statements, Chief Judge Abdulla Mohamed reportedly said the verdict would be delivered at the final hearing if there were no further matters for clarification.

The Prosecutor General’s (PG) Office is charging Naseer with violating Article 8 (a) of the General Laws Act of 1968 for calling on anti-government protesters in January 2012 to storm the military headquarters with 50 ladders.

The clause prohibits speech or writing contravening Islamic tenets.

According to local media, the prosecution presented video footage of Umar’s remarks as evidence at today’s hearing, while Naseer contended that his remarks were open to interpretation and could not therefore be the basis for pressing charges.

If convicted under Article 88 of the penal code, Naseer faces imprisonment, banishment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$10).

Judge Abdulla Mohamed had taken over the case after Naseer requested a change of judge in letters to both the chief judge and Chief Justice Ahmed Faiz.

The request came after Judge Abdulla Didi refused to accept a procedural point raised by Naseer in the previous hearing in June.

Naseer had asked Judge Didi to annul Article 8 (a) of the General Laws Act on the grounds that it contradicted the right to freedom of expression guaranteed by the constitution.

Didi ruled, however, that Naseer’s claim does not classify as a point of procedure. Naseer’s lawyer Adam Asif meanwhile refused to proceed with the trial until Didi’s decision on the procedural matter was issued in writing. Didi then said he took Naseer’s refusal to proceed with the trial as a refusal to speak in his own defence.

He adjourned the hearing after allowing the state to present video evidence of Naseer’s speech, and said he would hold one more hearing for concluding statements and issue a verdict in a final hearing.

On June 12, Didi had also issued an arrest warrant ordering the police to present Naseer at the court after he missed three consecutive hearings while overseas on official business.

A similar request for a change of judge was granted to Maldivian Development Alliance (MDA) Leader Ahmed ‘Sun’ Shiyam in May after the resort tycoon objected to the manner of the presiding judge in his alcohol smuggling trial.

Disobedience charges

On January 23, 2012, Naseer told anti-government demonstrators in front of the Maldives Monetary Authority building that they should use tactics to tire out the soldiers on duty before climbing into the military barracks, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer had said.

“We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

After he was questioned by the police in September 2012, Naseer told the press that “there will be no evidence” to prove he committed a criminal offence.

Naseer was appointed Home Minister on a cabinet slot allocated for the Jumhooree Party (JP) on a now defunct coalition agreement with ruling Progressive Party of the Maldives (PPM).

Two other ministers appointed on JP slots have switched to the PPM and its ally MDA following the dissolution of the coalition.

Meanwhile, following this defeat in the PPM primary to Yameen last year, Naseer held a rally in which he alleged widespread vote rigging and accused the PPM presidential candidate of illicit connections with gangs and the illegal drug trade.

Naseer also implicated Yameen in MP Dr Afrasheem Ali’s death, claiming he had witnessed a meeting between Yameen and an individual who was under investigation for Afrasheem’s brutal death.

The PPM expelled Naseer after he refused to apologise for his comments.

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Home Minister returns to Malé, High Court rejects appeal to overturn arrest warrant

Home Minister Umar Naseer has returned to the Maldives from an official visit to the Netherlands, although police have made no move to arrest the minister as per a Criminal Court arrest warrant.

The warrant orders the Maldives Police Services to arrest and present the minister at the Criminal Court on Tuesday (June 17) to answer charges of disobedience to order. The case has been scheduled for 11am tomorrow.

Criminal Court Judge Abdulla Didi issued the warrant on Thursday while Naseer was away in the Netherlands to source sniffer dogs and body scanners.

Naseer’s lawyer Adam Asif appealed the warrant at the High Court, but the court rejected the appeal today claiming an arrest warrant cannot be appealed.

Article 56 of the constitution grants individuals the right to appeal convictions, sentences, judgments or orders by the courts, but arrest warrants do not fall under the category, said the High Court.

The police were not responding to calls at the time of press.

Naseer had failed to attend three consecutive hearings. Two of the hearings were scheduled during Naseer’s Netherlands visit from June 9 – 16.

The minister is accused of calling for 2,000 volunteers on January 23, 2012 to storm the Maldives National Defence Force (MNDF) headquarters with 50 ladders during the two weeks of protests sparked by the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

If convicted, Naseer faces banishment, imprisonment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$ 10) under Article 88(a) of the penal code.

He denied charges during the first hearing into the case on April 27. At a second hearing on May 22, he asked the court to strike down the clause he is being prosecuted under.

The Prosecutor General’s Office is pressing disobedience to order charges under Article 88 of the Penal Code with reference to Article 8 (a) of the General Laws.

The General Laws was passed in 1968 and the clause in question prohibits writing or speech against any tenet of Islam.

Meanwhile, opposition Maldivian Democratic Party MP Eva Abdulla has tabled a motion at the People’s Majlis, to summon Naseer for questioning over comments he made in 2013 implicating President Abdulla Yameen in the death of MP Afrasheem Ali in 2012.

Naseer lost to Yameen in the ruling Progressive Party of the Maldives (PPM) primaries in April 2013. He held a rally in which he alleged widespread vote rigging and accused Yameen of illicit connections with gangs and the illegal drug trade.

Yameen met with an individual accused of Afrasheem’s murder at the PPM offices, Naseer said at the time.

He was later expelled from the PPM and joined the Jumhooree Party (JP), backing tourism tycoon Gasim Ibrahim for the presidency. The JP placed third in November’s presidential polls, before throwing its weight behind the PPM at the eleventh hour in exchange for a 35 percent stake in government.

Naseer was appointed home minister on a slot allocated for the JP although the coalition agreement was dissolved in May following a dispute over Gasim’s decision to stand for the Majlis speaker position.

Two of the four JP ministers have now joined the PPM and its ally the Maldives Development Alliance.

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Umar Naseer is not a fugitive from justice, says Home Ministry

Home Minister Umar Naseer is not a fugitive from justice, the Home Ministry has said in response to local media reports of an arrest warrant to present Naseer at court.

Naseer – currently in the Netherlands on an official visit – has failed to attend three consecutive hearings at the Criminal Court to answer charges of disobedience to order.

Local media have claimed the Criminal Court has issued an arrest warrant ordering the police to present the Naseer at court, but the Home Ministry and the Maldives Police Services declined to confirm if a warrant was issued.

Instead, Home Ministry’s Media Coordinator Thazmeel Abdul Samad said Naseer is not hiding from the courts and will attend hearings willingly once he returns from the Netherlands on June 16.

Naseer is accused of calling for 2,000 volunteers on January 23, 2012 to storm the Maldives National Defence Force (MNDF) headquarters with 50 ladders during the two weeks of protests sparked by the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

During a first hearing into the case on April 27, Naseer denied charges. At a second hearing on May 22, he asked the court to strike down the clause he is being prosecuted under.

The Prosecutor General’s Office is pressing disobedience to order charges under Article 88 of the Penal Code with reference to Article 8 (a) of the General Laws.

The General Laws was passed in 1968 and the clause in question prohibits writing or speech against any tenet of Islam.

The Criminal Court scheduled a hearing on May 25, but Naseer left the country on an official trip and asked Judge Abdulla Didi to delay the trial.

A hearing was scheduled again for June 10, but the minister left the country on June 9 to source sniffer dogs and body scanners from the Netherlands.

The Home Ministry had sent a letter to the Criminal Court informing Judge Didi of Naseer’s absence on June 10, but Didi decided to go ahead with the hearing.

He argued the minister’s absence was unacceptable given his previous absence on May 25, and warned Naseer’s lawyer Adam Asif that action would be taken if the minister fails to attend the next hearing scheduled for June 12.

“I sincerely appeal to you not to force us to have the minister placed under detention and presented to court,” Didi said.

If convicted, Naseer faces banishment, imprisonment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$ 10) under article 88(a) of the penal code.

Naseer was appointed as Home Minister on a cabinet slot allocated for the Jumhooree Party (JP) on a now defunct coalition agreement with ruling Progressive Party of the Maldives (PPM).

Two other ministers appointed on JP slots have switched to the PPM and its ally Maldivian Development Alliance (MDA) following the dissolution of the coalition.

On January 23, 2012, Naseer told anti-government demonstrators in front of the Maldives Monetary Authority building that they should use tactics to tire out the soldiers on duty before climbing into the military barracks, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer had said.

“We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

After he was questioned by the police in September 2012, Naseer told the press that “there will be no evidence” to prove he committed a criminal offence.

“In my statement I did not mention where to place the ladders or where to climb in using the ladders.” Naseer had said.

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Home Minister Umar Naseer pleads not guilty to charges at Criminal Court

Home Minister Umar Naseer denied charges of ‘disobedience to an order’ at the first hearing of his trial at the Criminal Court today.

Judge Abdulla Didi told Naseer’s lawyer to respond to the charges at the next trial date, according to local media.

Naseer is accused of calling for 2,000 volunteers on January 23, 2012 to storm the Maldives National Defence Force (MNDF) headquarters with 50 ladders during the two weeks of protests sparked by the military’s controversial detention of Criminal Court Chief Judge Abdulla Mohamed.

On the night in question, Umar told anti-government demonstrators in front of the Maldives Monetary Authority building that they should use tactics to tire out the soldiers on duty before climbing into the military barracks, at which point “the people inside will be with us.”

“From today onward, we will turn this protest into one that achieves results,” Naseer had said.

“We know how people overthrow governments. Everything needed to topple the government of this country is now complete.”

After he was questioned by the police in September 2012, Naseer told the press that “there will be no evidence” to prove he committed a criminal offence.

“In my statement I did not mention where to place the ladders or where to climb in using the ladders.” Naseer had said.

If convicted, Naseer faces banishment, imprisonment or house arrest not exceeding six months or a fine not exceeding MVR150 (US$ 10) under article 88(a) of the penal code.

The case against Naseer was submitted to the Criminal Court by the Prosecutor General’s office in December 2012 after police concluded their investigation.

The 22 consecutive nights of protests by the then-opposition in January 2012 culminated in the resignation of President Mohamed Nasheed on February 7 in the wake of a violent mutiny by riot police officers.

Speaking at a Progressive Party of Maldives rally days after the controversial transfer of presidential power, Naseer claimed he had warned the president’s closest aides that Nasheed could “lose his life” if he did not comply with the ultimatum to resign.

Naseer said he told the president that he could “either surrender with bloodshed or surrender peacefully”.

Naseer also told Australia’s SBS Dateline programme that he was organising the protests from a “command centre” and that he feared for Nasheed’s life.

In January 2013, Naseer said the ousting of the Maldivian Democratic Party government was the result of “planning, propaganda and a lot of work.”

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