former president mohamed nasheed – Page 22 – Minivan News

Keeping Nasheed Alive: Eurasia Review

India has a moral obligation to see that former President Mohammad Nasheed, who was arrested by Maldivian Commandos on March 5, 2013, in alleged response to a court order to face trial in a case pending against him, remains alive,” writes B. Raman for the Eurasia Review.

“Even though he might have been arrested ostensibly in pursuance of a court order, his arrest is a breach of faith on the part of the Waheed Government. He left the Indian High Commission, where he had taken sanctuary, in response to assurances regarding his safety and security.

India, which played a role in the negotiations that led to his leaving his safe sanctuary in the High Commission, is a guarantor of the assurances given by the Waheed Government regarding his safety and security.

India should immediately make it clear to former President Abdul Gayoom, who has allegedly been playing an active behind-the-scene role in advising the Government of Waheed, that it will hold him and Waheed personally and morally responsible for the safety and security of Nasheed and that should anything untoward happen to him while in custody India would act in the appropriate manner to ensure that solemn assurances given to India by the Government are not violated with impunity.

Tension surges in Male’ as police arrest former President Mohamed Nasheed

Photo courtesy Jaawid Naseem, Jade Photography

Former President Mohamed Nasheed has been arrested by police ahead of his trial hearing at Hulhumale’ Magistrate Court, scheduled for 4:00pm tomorrow (March 6).

Police Spokesperson Chief Inspector Hassan Haneef confirmed that Nasheed had been arrested and taken into police custody at 1:30pm today (March 5).

“We have received the order. Police have taken Nasheed into custody in order to produce him at Hulhumale’ Magistrate Court 16 hours from now,” Haneef told Minivan News.

Photos of the arrest showed several dozen police wearing balaclavas and black riot gear, several armed with rubber bullet guns, entering Nasheed’s family home in Male’ and emerging with the former president.

Shortly after the arrest, Minivan News observed President Mohamed Waheed’s brother Ali Waheed forced off his motorcycle by several dozen angry demonstrators on the main road Majeedee Magu, at the turnoff to Nasheed’s house. A second, larger group pulled Ali Waheed to safety, abandoning his motorcycle. The first group then attacked a parked military vehicle, smashing a window.

A group of people including Nasheed’s representative on the Commission of National Inquiry, Ahmed ‘Gaha’ Saeed, blocked the road, trying to calm the more violent protesters. One man had laid down in the middle of the street as part of a silent protest.

“People have waited a year since the coup and are very angry and unlikely to act reasonably. They could bring Male’ to a standstill,” Saeed said.

Former Environment Minister Mohamed Aslam, arriving at the scene, said “There is no plan. People are agitated, they are angry. There is no plan, there is just outrage.”

Nasheed’s latest trial hearing follows his exit from the Indian High Commission last month, after the Maldivian and Indian government came to an alleged “understanding” that he would be able to conduct a peaceful campaign and participate in an inclusive election.

The former president told Indian media on Sunday (March 3) that while he had ended his 11-day stay in the Indian High Commission, he was still not entirely free and feared an arrest warrant would be issued against him any day soon.

Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor confirmed to Minivan News that there were Special Operation (SO) officers outside Nasheed’s residence earlier today prior to his arrest.

“He has been taken away to Dhoonidhoo [prison], we are still in a state of shock,” Hamid said.

The former President sought refuge inside the High Commission building on February 13 after Hulhumale’ Magistrate Court ordered police to produce Nasheed at his trial hearing scheduled for later that day.

Nasheed has maintained that the charges against him – of detaining the Chief Criminal Court judge during his final days in office – are a politically-motivated effort to prevent him contesting the 2013 elections.

Nasheed spent 11 days inside the commission building before making an unannounced exit on February 23.

Following his exit from the High Commission, the Hulhumale’ Magistrate Court issued a travel ban to Nasheed, preventing him from leaving the country.

UPDATES

2:30pm: Shortly after Nasheed’s arrest, Minivan News observed President Mohamed Waheed’s brother Ali Waheed being pulled off his motorcycle by several dozen angry demonstrators on the main road Majeedee Magu. A second, larger group pulled Ali Waheed to safety, abandoning his motorcycle. The first group then attacked a military vehicle, smashing a window as it tried to move past the group.

3:00pm: More people are arriving outside the City Council Building near the demonstration, nearing a hundred people or so in size. Shops in the vicinity are closed, and one man is lying down in the middle of the road, stepped over by the occasional pedestrian. People on motorcycles are stopping to look, and turning around to find another route.

3:10pm: A separate group of two dozen men are turning away traffic at the next intersection, in an apparent attempt to shut down Male’s main road. No sign of police presence yet. A man passes through the blockade with a young girl on a motorcycle, to shouts of “baghee” (traitor).

3:12pm: Nasheed’s brother Dr Nashid tweets: – “given all clear to go to Dhoonidhoo [detention centre]. Waiting for Laila [Nasheed’s wife]”. In a second tweet, he adds that Nasheed’s bodyguards “were changed this morning.”

3:28pm: President Waheed tweeted: “Assaulting my brother Ali Waheed will not help Nasheed escape justice.”

3:30pm: A pickup truck is circling Male’ calling on people to come out on the streets. Light rain earlier has since cleared up.

3:37pm: Photos circulating on social media appear to show one of Nasheed’s bodyguard being restrained by police as the former President was escorted outside his family home.

3:39pm: Approximate 30 police have arrived at the scene. Demonstators threw plastic bottles at officers, who subsequently departed after detaining former Environment Minister Mohamed Aslam. The crowd numbers around 200 people.

3:42pm: SunOnline reports that protesters on Majeedhee Magu have pushed off a uniformed police officer from his motorcycle as he was driving through the protesters. The policeman abandoned his motorcycle and left on foot when the crowd moved to attack him, Sun reports.

3:44pm: Abbas Faiz, South Asia Specialist for Amnesty International tweets: Amnesty investigating concerns that former prez Nasheed arrest politically motivated and his safety uncertain.

3:46pm: A masked man climbed up the posts on which CCTV cameras are mounted on the junction of Majeedhee Magu and Alikilegefaanu Magu and spray-painted the camera, reports Sun Online.

4:01pm: A video of Nasheed outside his house has emerged on DhiTV, titled ‘Anni’s Quarrel’. In the video, a Special Operations police officer states: “We will accompany you there.” Nasheed: “Well, let’s go then. I won’t go in that way. I am doing what is good for you… I will know better than you. Let’s go already.” [Former Foreign Minister] Naseem: “He is going, isn’t he? What is wrong with you baaghees (traitors)?” “Nasheed: Sigh. What more can I say? Even I would know these laws and responsibilities. For God’s sake, let’s just go. Let’s go quickly. Let’s just go quickly.”

4:03pm: The Maldivian Democratic Party has issued a statement condemning the arrest:

President Nasheed was arrested while walking down the street in Male’ at approximately 13:45 local time today. He was apprehended by numerous armed and masked police officers, who did not identify themselves, nor produce an arrest warrant or court summons. Nasheed’s lawyers were not informed of the arrest, or of any court summons.
President Nasheed was taken to Dhoonidhoo Island detention centre – the facility in which he was tortured during the former regime of Maumoon Gayoom.
Commenting on the arrest, the MDP’s international spokesperson Hamid Abdul Gafoor said: “Once again Dr Waheed has proven that he can’t be trusted to hold a free and fair election – despite his assurances to the international community.
“Nasheed was supposed to be on an election campaign trip but instead he is languishing in jail.
“This arrest comes just days after the UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, said the judges overseeing President Nasheed’s case had been appointed “arbitrarily”.
“Dr Waheed, in collusion with his friends in the judiciary, is pulling out all the stops to prevent President Nasheed competing in the elections.”
The UN Special Rapporteur also said that the Judicial Services Commission, which established the court trying President Nasheed, was “politicised” and subject to “external influence”.

4:07pm: The Maldives Journalists Association (MJA) has issued a statement condemning an attack on Sun journalist and a VTV cameraman:

Maldives Journalists Association (MJA) strongly condemns the violent attacks carried out against a journalist and a cameraman while covering the arrest of former President Nasheed today.
The journalist from sun.mv was attacked and tore his shirt and snatched his mobile phone while VTV cameraman was attacked and snatched his video tape in his camera. Both the incidents was happened near former president Nasheeds residence. We strongly call on all parties to allow media to do its duty without any harrasements. And also call on all responsible authorities to investigate the above incidents and call on media regulatory authorities to not to allow ‘hate speech’ on media.

4:11pm: President’s Office Spokesperson Masood Imad told Minvan News: “I have already told Indian and local media that the Maldives government has made no deal with the Indian government over Nasheed’s exit from the Indian High Commission. It was never said there would be a delay in Nasheed’s trial hearing, or his court case or any other matter involving him.”

“[The government] cannot make any delay or decision based on legal matters because it is not our business, it is the judiciary’s decision,” Masood said.

Asked if Nasheed’s arrest would harm relations between Maldives and India, Masood said: “If we had made a deal and broken it, then that would be an issue. But we have not made any deal, and there has been no deal between India and the Maldives regarding Nasheed’s case. There was no understanding between the respective governments. If Nasheed thought there was an understanding, it must have been something he understood. There is no dealing between us and the judiciary on Nasheed’s judgement, It is totally up to the judiciary, we will have have no interference with the court. I did not know that the court would order police to summon Nasheed today.”

4:21pm: Scuffles are breaking out between protesters and passerbys they deem to be “baghees” (traitors). One woman clung to a man screaming as the crowd surrounded them. “There is hatred here,” said one protester. “He was asking for it. He could see there was a [blockade] but came through anyway.”

The attitude of the crowd is divided between the angry and those appealing for calm. Around 20 riot police have arrived with shields.

4:30pm: Police reinforcements have arrived at an nearby intersection, heckled by the crowd of 200 demonstrators blocking the road.

4:31pm: A middle-aged women was arrested after heckling and singing songs, and was dancing in the back of the police truck. A further five or so individuals have been arrested.

4:36pm: Police have brought the area under control and are now directing traffic.

5:30pm: The US Embassy in Colombo has issued a statement:

The United States is increasingly concerned about ongoing events in Malé. We understand that both the Police Integrity Commission and the Human Rights Commission are monitoring the situation, and that the Human Rights Commission has requested access to Former President Nasheed. We urge all sides to remain calm, reject the use of violence, and avoid rhetoric that could increase tensions. Former President Nasheed must be accorded due process under the law regarding his pending court cases.
We urge that the Presidential elections scheduled for September 7, 2013 be free, fair, credible, transparent and inclusive. The integrity of and public confidence in the Maldivian electoral process must be maintained. Accordingly, we note that all parties participating in these elections should be able to put forward the candidate of their choice. We also call upon the Government of the Maldives to implement all the recommendations of the Commission of National Inquiry (CONI) report, including the recommendations related to judicial and governmental reforms. We continue to urge all parties to chart a way forward that strengthens Maldivian democratic institutions, the rule of law, human rights and fundamental freedoms.

5:30pm: Sun Online reports that protesters have rolled over a Redwave van (owned by shop owner Eydhafushi MP Ahmed Saleem) near Male’ City Council. The van was broken into, milk packets were taken and subsequently distributed to protesters.

5:51pm: British entrepeneur Richard Branson has tweeted on the Nasheed arrest: “Maldives former president Nasheed arrested, in court tomorrow. Hope he is treated with respect & fairness”.

6:31pm: Local media has reported that police have once again left Majeedee Magu.

7:10pm: Some 150 demonstrators remain on Majeedee Magu, situated around 20 metres from the Male’ City Council building. No police presence is witnessed by Minivan News at the current time, although traffic is still being diverted as a result of the makeshift blockade.

8:52pm: At a press conference held this evening, the Maldives Police Service have said that a total of 47 people were arrested so far during demonstrations today on Majeedee Magu. Of those arrested 31 were male, 16 females were also detained. Among those arrested was MDP MP Ahmed Easa, who authorities said was later released.

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Finance Ministry causes “crisis situation” for Care Society NGO

Lack of government support has caused a “crisis situation” for Care Society, the only institution providing schooling for a diversity of special needs individuals of any age and type of disability.

The Care Society was given a government-owned building in Male’s Heniveru neighborhood with a five-year lease agreement under former President Mohamed Nasheed’s government. The NGO has said it has been seeking a 20-year lease extension from President Waheed Hassan Manik’s government, to no avail.

The lease extension is necessary to secure private funds to rebuild the structure and expand services, but the Care Society has not received a definitive response from the Ministry of Finance and Treasury, despite the Ministry of Housing and Environment granting their approval, Care Society Director Shidhatha Shareef told Minivan News.

“Currently the Care Society works from a private residence donated by a Saudi Prince, but our lease is up at the end of May and we might have to shut down because we have no place to go. It will be a real loss for the children,” stated Shidhatha.

“We have not received any response from the government. The Housing Ministry approved the 20-year lease extension for the new building in writing, but the Finance Ministry has final approval and they still have not provided a definite response. We just want a yes or no answer.”

Shidhatha explained the Care Society has been seeking a “sustainable long term premises” since 2006 and has spent the last four years continually talking to and meeting with government officials. In addition to the Housing and Finance Ministries, they have been in contact with the President’s Office, Vice President Mohamed Waheed Deen, the Human Rights Commission of the Maldives (HRCM), and the National Disability Council.

“When we spoke to Finance Minister Abdulla Jihad about approving the lease extension he said he would ‘work on it’. Additionally, the Vice President Waheed Deen visited the premises and ‘expressed concern’ because the building is so old.

“Meanwhile, the engineers we’ve spoken to said the structure will have to be rebuilt, even the walls are not worth reusing. Care Society has a number of private investors interested in developing the building, however they are not willing to invest if the lease term expires in 2015.

“Ultimately, the government has an obligation to facilitate the process. They are mandated by the constitution and Disability Act to provide educational services to the disabled,” said Shidhatha.

Care Society has been working for the rights of the disabled for 14 years and established the Care Development Centre in 2001, a ‘special school’ for special needs individuals with all sorts of disabilities, including down syndrome, autism, cerebral palsy, physical disabilities, as well as the hearing and vision impaired.

This school provides services for any age, ranging from early intervention programs for one year-olds all the way to elderly individuals.

“Care Society runs the only school that caters to a diversity of special needs disorders and any age group,” Shidhatha explained.

“We work with 600 children and people with disabilities regularly, our school currently has 43 students and another 20 children on the waiting list, however we lack the space to accommodate them at this time,” she added.

Currently there are two government schools, Jamaluddin which only caters to the hearing impaired and Imaduddin which offers classes for the intellectually impaired. The problem is their age limitations, as once students exceed age 18 they are sent out of the school, Shidhatha said.

Additionally, the handful of other NGOs working with the disabled persons in the Maldives only address one type of disability or limit their target group age, Shidhatha added.

Care Society’s objectives include promoting rights of disabled people, rights of children and women, capacity building of CBOs and NGOs and assisting victims of natural disasters.

“Responsibility for ensuring disabled rights first falls on government”: Waheed

The Human Rights Commission of the Maldives (HRCM) began a “National Inquiry on Access to Education for Children with Disabilities” in January 2013.

The study was launched in November 2012 to “look into the practices, policies and laws related to the education for children with disabilities. HRCM will also inquire into the States role in providing for people with disabilities in a non-discriminatory manner, with a special focus on the educational needs of children with disabilities”.

According to the most recent study on the disabled conducted by the HRCM in 2010, there are 2250 children with disabilities in the Maldives that are registered with the government, while only 230 of these children attend school. Overall, 14,100 persons, about 4.7 percent of the population, were found to have permanent disabilities.

In July 2012, the Ministry of Gender, Family and Human Rights and the national Disability Council conferred the Disability Award 2012 to “individuals and organizations working for the rights of the disabled”.

Care Society received an award, which was presented by President Waheed.

Waheed “noted that the responsibility of ensuring the rights of the disabled first falls on the government, and assured that the government was always carrying out that responsibility as best as possible.”

Recent studies by the HRCM – primarily a women’s rights study and children’s participation study – found that lack of access to services were the primary issues discussed by the disabled.

Inadequate special needs schools for children and facilities within existing schools for them, as well as education and mental health service opportunities are of particular concern.

The Finance Ministry, President’s Office, and Housing Ministry were not responding to calls at the time of press.

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Education Ministry withholding preliminary O’level result figures for 2012

Preliminary results for the 2012’s Cambridge O’Level examination have not been released due to “difficulties” in analysis, the Ministry of Education has said, despite claiming “one of the highest pass rates to date”.

O’Level exam results from 2012 show “the most progress to date”, Minister of Education Dr Asim Ahmed told local media during his speech at the University Education Fair opening ceremony on February 19.

“These are preliminary results right now. It could take a little while to get the final results, we are in the process of verifying, which could change the findings,” Asim told Minivan News.

“However, this should encourage a good increase in A’level enrollments, because more students will be eligible,” he added.

The claims were upheld by Ibrahim Shakeeb from the Education Ministry’s Department of Examinations (DPE), who told Minivan News that the results from 2012 had not yet been finalised.

“This year has one of the highest pass rates. We already know it’s one of the best results this year. Students will be celebrating.

“The preliminary results are out, however the recheck process is still ongoing and will not be completed until late March. However, there won’t be a major change in the findings. The final results will probably show a slight improvement, following the recheck process,” Shakeeb stated, but was unable to provide the preliminary figures.

Shakeeb explained that the DPE acts as a mediator by providing exams to students and sends them back-and-forth to Cambridge International Examinations. Thus, DPE receives the ‘raw’ data, while the Education Ministry’s Planning and Research section conducts the analysis and disaggregates the information.

“The Planning and Research Section may be having difficulties because Ahmed Shafeeu previously handled the analysis, however he became the Minister of Fisheries and Agriculture under President Waheed’s government,” said Shakeeb.

Former Education Minister Shifa Mohamed said it was a change in Ministry of Education practice for preliminary O’Level results not to be publicly disclosed.

Preliminary Cambridge exam results arrive in January or February, with little difference between these and the final results, she explained. Additionally, information from the provinces and islands should also be available.

“By now they should have the real results. Analysis of these findings should only require three days,” Shifa stated.

“I’m waiting to receive the statistics as per my request. I can’t understand why they are holding the [result] information or why it’s taking such a long time to analyse.

“I do not think they have done the analysis. It seems the government is dragging on it because they’re scared to show the results, because they’re not sure if they’ve achieved the marked improvement they’re aiming for,” Shifa added.

Shifa said exam results should show some improvement this year given the previously implemented programs and reforms, but said this would have depended on whether these programs were continued by President Waheed’s new government in 2012.

“Under former President Mohamed Nasheed’s government, we made it very transparent. We believe people ought to know how the budget is being spent and what kind of results the government is producing.

“I don’t think the public really knows the results these kids are producing. I think that [a current government] should actually make the people quite aware of major issues within the country,” Shifa stated.

Minivan News contacted Cambridge International Examinations, however they refused to provide statistics as well.

“This is the Education Ministry’s education policy. It is not for us to comment on the Ministry’s policy on their behalf,” a spokesperson said.

A source in the Ministry of Education told Minivan News that internally, the pass rate figure being passed around was 46 percent in 2012.

“I find very difficult to believe because that is a huge increase from 37 percent in 2011. It is very unlikely,” the source said.

“The pass rate was 35 percent in 2010 and 27 percent in 2009. Even with the numerous educational reforms implemented after [former President Mamuoon] Gayoom’s 30-year authoritarian rule ended, the Maldivian Democratic Party (MDP) government was unable to reach the nine percent increase per year needed to achieve their goal of 60 percent of students passing within five years,” the source said.

Meanwhile, students are reported to have received their O’Level exam results at the end of January.

Minivan News contacted numerous people within the Ministry of Education, who either would not release the O’Level pass rate statistics, or would otherwise not respond.

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Court denies former President permission to travel abroad

Former President Mohamed Nasheed has had his request to leave the country denied by the Hulhumale’ Magistrate Court.

An official from the Judiciary Media Unit told local media that the court had denied Nasheed’s request as he had not cooperated with the court on previous instances.

Nasheed, who had asked to leave the Maldives on Wednesday (February 27) until March 5, had received travel permission from the court when previously asked.

Nasheed had stated that he would be travelling abroad at the end of February, having accepting an invitation from the Commonwealth Secretary General Kamalesh Sharma, and to Denmark under an invitation from the state.

The former President’s request to leave the Maldives follows his exit from the Indian High Commission on Saturday (February 23) after he sought “refuge” inside the embassy building for 11 days.

Nasheed moved into the Indian High Commission after police were ordered to produce him at Hulhumale’ Magistrate Court on February 13 for his scheduled trial hearing.

Nasheed has maintained that the charges against him – of detaining the Chief Criminal Court Judge during his final days in office – are a politically-motivated effort to prevent him contesting the 2013 elections.

British-based publication, Daily Mail reported that Nasheed’s exit from the Indian High Commission came after the Maldivian government “brokered” a deal with the government of India.

The Ministry of Foreign Affairs has since denied the claim in a statement released on Sunday (February 24), stressing that there had been no deal made with “anyone” that would result in Nasheed leaving the high commission.

Speaking to press on the day he exited the Indian High Commission, Nasheed emphasised his desire for stability to be restored following eight days of continuous protests by the MDP, dozens of police arrests and a violent attack on a Maldivian journalist.

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Former MNDF Male’ Area Commander Brigadier General Didi contests charges of illegally arresting judge

Former Maldives National Defence Force (MNDF) Male’ Area Commander, retired Brigadier General Ibrahim Didi, has denied the charge of arresting Chief Judge of Criminal Court Abdulla Mohamed, levied against him by the state.

Ibrahim Didi is charged for the controversial military detention of Chief Judge of Criminal Court Abdulla Mohamed in January 2012. Along with Didi, former President Mohamed Nasheed, his Defense Minister Tholhath Ibrahim Kaleyfaanu, former Chief of Defense Force retired Major General Moosa Ali Jaleel and Colonel Mohamed Ziyad are all facing the same charges.

During the hearing held at Hulhumale’ Magistrate Court on Sunday (February 24), Didi told the judge that he had not arrested the judge, and contended that he should not be facing charges as an individual for an act that was carried out by the then Defence Ministry.

He further claimed that the arrest was made by the Defence Minister under the direct orders of the president, and that he had no role to play in it.

The former Brigadier General claimed that the charges levied against him by the state were unfair and raised question over the credibility of the witnesses presented by the state against him.

He also stated that he was protecting the legitimate government in power up until February 7, and that the state presenting those officers who did not like him as witnesses could jeopardise the fairness of the trial.

Presenting her case in the court, State Attorney Aishath Fazna argued that following orders at the time from the Commander in Chief, President Mohamed Nasheed, the operation carried out by the MNDF in which Didi had been the commander, “arbitrarily arrested and detained an innocent man”.

As such, retired Brigadier General Ibrahim Didi was charged for the offence of arbitrarily detaining an innocent individual as stipulated in article 81 of the Penal Code, Fazna argued.

Article 81 of the Maldives Penal Code states: “It shall be an offense for any public servant by reason of the authority of office he is in to detain to arrest or detain in a manner contrary to Law innocent persons. Persons guilty of this offense shall be subjected to exile or imprisonment for a period not exceeding 3 years or a fine not exceeding MVR 2,000.00.”

Following the reading of the charges, Didi’s lawyer Ismail Wisham – who had in previous case contended the legitimacy of the magistrate court – raised two procedural points.

In the first point, Wisham questioned whether article 81 of the penal code could be used to press the charges citing that it had not been put to use.

In the second point, he raised question as to whether the state had proven to the court the innocence of Judge Abdulla Mohamed, to which article 81 of the penal code referred to.

In response, the state attorney contended that a similar charge was pressed by the state against a person and that the state had successfully prosecuted the accused at the time. She further said that the details of this case would be presented during the next hearing.

The state attorney in response to the second procedural point argued that the constitution clearly denotes that every person is innocent until proven guilty; therefore it should be no different for Judge Abdulla Mohamed.

The sitting judges dismissed the procedural points taken by the defendants stating that the points did not object to the continuance of the trial, but said the court would consider it while issuing the verdict.

The state attorney also presented a list of witnesses and evidences to support its case. The witnesses included current Chief of Defense Force Major General Ibrahim Shiyam and several other senior members of the military.

Evidence presented includes video footage of the arrest and several other documents.

Concluding, the judge stated that the next hearing would be held on March 20 in which the courts would be hearing the witnesses presented to the court.

Didi’s trial was also heard by all three judges of Hulhumale’ Magistrate Court appointed to look into the case. The panel consists of Judge Shujaau Usmaan, Judge Hussain Mazeed and Judge Abdul Nasir Abdul Raheem.

Earlier, former Defense Minister Tholhath Ibrahim Kaleyfaanu also denied the charge of arbitrary detention of Chief Judge of Criminal Court Abdullah Mohamed, during the first hearing of his criminal trial held in the controversial Hulhumale Magistrate Court.

Detention of the judge

Judge Abdulla Mohamed was taken into military custody after the former Home Minister Hassan Afeef wrote to Defense Minister Tholhath asking him arrest the judge as he posed a threat to both the national security of the country and a threat to the country’s criminal justice system.

Minister Afeef at the time of the judge’s arrest accused him 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, and barring media from corruption trials, ordering the release of suspects detained for serious crimes “without a single hearing”, maintaining “suspicious ties” with family members of convicts sentenced for dangerous crimes, and releasing a murder suspect “in the name of holding ministers accountable”, who went on to kill another victim.

Afeef also alleged that the judge actively undermined cases against drug trafficking suspects and had allowed them opportunity to “fabricate false evidence after hearings had concluded”.

Judge Abdulla “hijacked the whole court” by deciding that he alone could issue search warrants, Afeef alleged, and had arbitrarily suspended court officers. He also accused the judge of “twisting and interpreting laws so they could not be enforced against certain politicians” and “accepting bribes to release convicts.”

The Judicial Services Commission (JSC) itself had investigated Abdulla Mohamed but stopped short of releasing a report into his ethical misconduct, after the Civil Court awarded the judge an injunction against his further investigation by the judicial watchdog.

JSC whistleblower Aishath Velezinee has also contended that the JSC’s blanket reappointment of all interim judges and magistrates in 2010 violated article 285 of the constitution guaranteeing an ethical and qualified judiciary, and that as such, the case “is based on a false premise, the assumption that Abdulla Mohamed is a constitutionally appointed judge, which is a political creation and ignores all evidence refuting this.”

Prosecution

An investigation led by Human Rights Commission of Maldives (HRCM) found the former President as the “highest authority liable” for the military-led detention of the Judge. The HRCM also identified Tholhath Ibrahim as a “second key figure” involved in the matter. Others included Brigadier General Ibrahim Didi and Chief of Defense Force Moosa Ali Jaleel.

In July 2012, Prosecutor General Ahmed Muizz pressed charges against the parties who had been identified in the HRCM investigation as responsible for the arrest.

Following the charges, former President Nasheed’s legal team challenged the legitimacy of the Hulhumale’ Magistrate Court in High Court, but the Supreme Court intervened and dismissed the claims by declaring the magistrate court was legitimate and could operate as a court of law.

Contentious court

The Hulhumale’ Magistrate Court, which is also trying former President Nasheed for his detention of the Chief Criminal Court Judge during his final days in office, was created by the Judicial Services Commission (JSC).

The JSC, which includes several of Nasheed’s direct political opponents including rival presidential candidate Gasim Ibrahim, also appointed the three-member panel of judges overhearing the trial.

Parliament’s Independent Institutions Oversight Committee has previously declared that the JSC’s creation of the Hulhumale’ Magistrate Court was unconstitutional.

However, the Supreme Court declared parliament overruled, issuing a statement that “no institution should meddle with the business of the courts”, and claiming that as it held authority over “constitutional and legal affairs” it would “not allow such interference to take place.”

“The judiciary established under the constitution is an independent and impartial institution and that all public institutions shall protect and uphold this independence and impartiality and therefore no institution shall interfere or influence the functioning of the courts,” the Supreme Court stated.

A subsequent request by the JSC that the Supreme Court bench rule on the court’s legitimacy resulted in a four to three vote in favour. The casting vote was made by Supreme Court Judge Adam Mohamed, also president of the JSC.

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Government denies deal over Nasheed’s exit from Indian High Commission

The Maldives government has denied it conceded to a deal with the Indian government which resulted in former President Mohamed Nasheed leaving the Indian High Commission on Saturday afternoon, after 11 days in protected diplomatic territory.

A statement released by the Ministry of Foreign Affairs today (February 24), stressed that Nasheed’s exit was not negotiated with the Indian government, adding that it cannot and will not negotiate regarding the charges put against the former president.

“Mr Nasheed went into the High Commission on 13 February 2013 seeking India’s ‘assistance’, and his continued stay and his decision to leave the High Commission was an issue between himself and the Indian High Commission,” the statement reads.

“The government of Maldives’ only involvement in the issue was in the implementation of the court order on the police to produce Nasheed to the court. The said court order expired on Wednesday, 20 February 2013.”

“The government of Maldives also wishes to reiterate its clear and firm position that it cannot, and will not, negotiate the charges laid against Mr Nasheed for unlawfully arresting a judge during his presidential tenure, in January 2012,” the statement continues.

The statement notes that upholding the rule of law and respecting the independence of the three arms of government were a “fundamental pillar” of President Mohamed Waheed administration.

“The charges are laid by the prosecutor general which is an independent institution under the constitution of Maldives. The government has made this position clear to all of its external friends, including India.”

Last night however, UK-based newspaper Daily Mail reported that Nasheed left the high commission following a “deal brokered by New Delhi with the Maldives government”.

The paper claimed that while New Delhi had been accused of shielding a “fugitive” by senior officials in the Maldives, it sent a high-level team to “sort out” the diplomatic crisis.

“Nasheed was assured that that he would be allowed the political and social space that he wants till the elections, but he was made to accept that he would follow the legal process,” a source was quoted as telling the Daily Mail.

The article stated the high-level team sent from India met with various Maldivian officials, including the defence minister and attorney general, to negotiate Nasheed’s “exit conditions”.

According to the Daily Mail, Nasheed was told that his political career would be destroyed “forever” should he stay inside the Indian High Commission, and that his opponents would use it against him in the run up to the September elections.

The Maldivian government was meanwhile told its “rigidity” would impact the country economically and prompt the international community to consider sanctions over possible human rights violations, the source told the publication.

Nasheed’s trial

Nasheed sought refuge inside the Indian High Commission after the Hulhumale’ Magistrate Court issued an arrest warrant for police to produce the former president at the court for his trial hearing on February 13.

A second arrest warrant was issued by the court on February 18 whilst Nasheed was still inside the Indian High Commission and required police to bring Nasheed to Hulhumale’ court on February 20.

The warrant expired after the hearing was cancelled following Nasheed’s refusal to leave the commission building for his scheduled trial.

After 11 consecutive days inside the High Commission, Nasheed emerged on Saturday (February 24) and subsequently held a press conference in the Dharubaaruge exhibition hall, across the street from the party’s former protest site at Usfasgandu.

Nasheed emphasised his desire for stability to be restored, following eight days of continuous protests by the MDP, dozens of police arrests, and a violent attack on a Maldivian journalist.

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Uncertainty the only certainty in Maldives capital

As tensions between the Maldives’ government and India continue to rise over allowing former President Mohamed Nasheed high commission refuge from his arrest warrant, conspiracies spread through social media networks are furthering uncertainty in the capital.

The rumours first came around 10:00pm – and social media was quick to respond.

Former President Nasheed was once again facing a warrant for his arrest, in what his party contend are a politically-motivated attempt by the country’s compromised courts to bar him from standing for election.

With both the government and Indian officials claiming yesterday evening they were unaware of any new arrest warrant, the real drama – it seemed – was happening on Twitter.

One prominent representative for the Nasheed-aligned opposition Maldivian Democratic Party (MDP) wrote on the social media site yesterday:

“Local media reports new Court order to Police to Present Prez Nasheed before court on Wednesday [February 20]. Will the police barge into the Indian HC?”

Other social media users were quick to respond in a manner critical of the former president’s actions:

“police might nt barge in.. but that doesn’t mean indian high commission is not hiding the suspected criminal@MohamedNasheed.”

Fanciful tales from either side of the Maldives political divide are nothing new. Yet it is a sign of either the impact of social media, or the diplomatic unease between Male’ and the Indian government, that the prospect of a police raid on diplomatic territory or a one-time head of state being smuggled out of the country can hold any credibility.

Nasheed has been in the chancery building since Wednesday (February 13), pulling India into domestic Maldivian politics.

How long he is able to remain there is uncertain, considering pressure from senior government figures that he be handed over to face trial.

The tweets hinted that a hugely significant event in an already turbulent period in Maldives history was on the verge of coming to pass. There was just one problem: neither the government or the High Commission of India were aware of any plot or conspiracy to remove the former president from his sanctuary.

Had India been made aware of attempts to re-issue an arrest warrant and possibly bring Mr Nasheed into custody? “Not yet,” said an Indian High Commission source.

Had the government heard of whether judicial authorities and police would be taking proceedings against the former president? “No, not heard of it before,” a government official responded off the record.

Rumour and uncertainty were once again the driving force of political discourse concerning the government, Nasheed and the Indian High Commission.

Outside the Indian High Commission building at 10:30pm last night, staff were servicing a sedan car and seemingly working to ensure nothing was visible through its back seat windows. Meanwhile, police officers at infrequent intervals would pass the commission building on their way to deal with a third consecutive night of demonstrations.

Most of the officers paid little attention to diplomatic building at the centre of the nation’s latest political turmoil. However by midnight, a handful of officers had set up temporary barricades outside the chancery.

At the same time, MDP protesters made their way to barriers set up around the corner on Sosun Magu.

Was this the beginning of an audacious attempt to retrieve the former president from his diplomatic confines? The relatively free passage of tourists, students and a small number of locals through the nearby barricades suggested not.

Half an hour later, a single figure finally appeared from the high commission building – surveying the scene up and down the street before entering the sedan and quickly reversing the vehicle into a concealed garage area. The vehicle’s lights remained visible for a few minutes behind the garage door – then they were switched off.

Things remained quiet until 1:30am, when two police officers guarding the temporary barricades outside the Indian High Commission building took notice of some discarded material staff had left behind after the servicing of the vehicle.

The material raised great interest from one of the officers as he lifted a thin piece of dark tape up to eye level for further inspection. He called over his fellow officer. Then for a brief moment, they engaged in what appeared to be a game of peek-a-boo before returning to manning their barricade.

The street, as for the last three hours, returned to relative silence.

By morning, Nasheed – as far as anyone knows – remained in the high commission. Meanwhile, diplomatic relations between India and Maldives, though reportedly strained, are still being observed.

Nasheed, it is confirmed, is to be summoned before the courts in 48 hours time. His immediate future remains unknown.

In the Maldives capital it seems, the only certainty remains uncertainty.

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Elections Commission Head warns a compromised Nasheed trial could create doubt over election integrity

President of the Elections Commission (EC) Fuad Thaufeeq has expressed concern over former President Mohamed Nasheed’s decision to take refuge in the Indian High Commission.

Former President Nasheed sought refuge last Wednesday claiming his security was compromised and that the government was intending to arrest and convict him to prevent him contesting the 2013 presidential elections.

Speaking to local media, the elections commission chief said it was deeply concerning to see the presidential candidate of the largest political party seeking refuge from a diplomatic office.

Thaufeeq said Nasheed was a former President and ought to receive the privileges entitled to a former president as stipulated in the law.

“Firstly, Nasheed is a former president, secondly he a presidential candidate of a political party. Thirdly, he represents the largest political party in the country. Each of these factors carries significant weight,” Thaufeeq said.

He said the Elections Commission would do everything it could to find a solution for all the parties involved, including the former president.

Thaufeeq said Nasheed should get a fair trial in accordance with the constitution and the law, and that such a trial should not be politically motivated.

The President of the Elections Commission warned that if Nasheed’s trial proved to be a tool to bar him from contesting the scheduled presidential elections, it would cast doubt over the integrity of the election.

“Even if it is Abdulla Yameen or Umar Naseer or Gasim Ibrahim or Mohamed Nasheed or even Ahmed Thasmeen Ali, these people have all announced they will contest the elections. If one of them happens to be on trial, that trial must be free and fair,” he told local newspaper Haveeru.

The Elections Commission has announced that the election will take place on September 7.

Nasheed is being tried for his controversial detention of Chief Judge of the Criminal Court Abdulla Mohamed, during his final days in office in January 2012.

Nasheed sought refuge in the Indian High Commission ahead of the second hearing of his ongoing criminal trial, after an order was issued by the magistrate court to place him under police custody.

After entering the High Commission, Nasheed tweeted: “Mindful of my own security and stability in the Indian Ocean, I have taken refuge at the Indian High Commission in Maldives.”

Rumours of Nasheed’s imminent arrest began to circulate on Tuesday (February 12) ahead of the scheduled hearing, prompting his supporters to camp in the narrow alley outside his family home in Male’.

Following the Indian High Commission’s decision to take Nasheed in, police failed to produce him stating they did not have the jurisdiction to enter the premises, citing the protections of the Vienna convention to which the Maldives is signatory. The hearing was subsequently cancelled in his absence.

The government of President Dr Mohamed Waheed Hassan Manik expressed concern over the move and accused India of meddling with its domestic affairs.

Speaking to local newspaper Haveeru on Thursday (February 14), Home Minister Mohamed Jameel said attempts by any country to prevent a person from facing charges pressed by an independent Prosecutor General (PG), could be described as interfering with domestic matters of a sovereign state.

In a tweet on Wednesday, Jameel implied that India was meddling in the Maldives’ internal affairs: “What’s happening now gives us an indication of the extent and level of interest some countries prepared to take in our internal matters,” he said.

“I would strongly urge everyone to let our institutions deal with the challenges, allow Maldives to uphold rule of law,” he tweeted.

A statement released by India’s Ministry of External Affairs following the development called on the government of Maldives to facilitate an inclusive election in which all political party leaders could take part.

“Now that the President of the Election Commission of Maldives has announced that Presidential elections would be held on 7 September 2013, it is necessary that the Presidential nominees of recognised political parties be free to participate in the elections without any hindrance. Prevention of participation by political leaders in the contest would call into question the integrity of the electoral process, thereby perpetuating the current political instability in Maldives,” read the statement.

The United States, United Kingdom, UN, EU and Commonwealth have all followed India‘s lead and stressed the need for the next presidential election to be an inclusive election.

Nasheed’s Maldivian Democratic Party (MDP) has maintained that the charges are a politically-motivated attempt to prevent him contesting the 2013 elections.

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