Tag: Former president

State appeals Hulhumale’ Court’s decision to reject Nasheed case

The Prosecutor General’s Office (PG) has appealed in the High Court a decision by the Hulhumale’ Magistrate Court that it did not have jurisdiction to proceed a case presented to the court against former President Mohamed Nasheed, and former Defense Minister Tholhath Ibrahim and three senior officers of the Maldives National Defence Force (MNDF).

The case was submitted by the PG accusing Nasheed, Tholhath and the MNDF officers of violating article 81 of the Penal Code by detaining Chief Judge of the Criminal Court, Abdulla Mohamed, and “unlawfully arresting a person who hasn’t committed a crime”.

The Nasheed administration had accused the judge of political bias, obstructing police, stalling cases, links with organised crime and “taking the entire criminal justice system in his fist” to protect key figures of the former dictatorship from human rights violations and corruption cases.

Elements of the police and military subsequently mutinied on February 7, alleging that Nasheed’s orders to arrest the judge were unlawful.

Nasheed publicly resigned the same day, but later said he was forced to do so “under duress” in a coup d’état. Judge Abdulla was released on the evening of February 7, and the Criminal Court swiftly issued a warrant for Nasheed’s arrest. Police did not act on the warrant, after international concern quickly mounted.

As well as Nasheed, the Prosecutor General has also pressed the same charges against former Chief of Defense Forces Moosa Ali Jaleel, Brigadier General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad for their role in detaining the judge.

The Hulhumale’ Magistrate Court rejected cases forwarded by the Prosecutor General on July 18 after studying the case and learning that the case was beyond the jurisdictions of the magistrate courts. The PG had forwarded the case to Hulhumale’ because of concerns over a conflict of interest that would exist if it was sent to the criminal court.

‘’We studied the case and we found that we do not have the jurisdiction to deal with the case according to article 66 of the Judicature Act,’’ Hulhumale’ Court Chief Magistrate Moosa Naseem told Minivan News at the time.

Naseem said that the Hulhumale’-based court can only accept the case after the Chief Justice issues a decree in agreement with the Judicial Service Commission (JSC) and the Judicial Council as stated in the article 66[b] of the Judicature Act.

Article 66[b] of the Judicature Act states that “In accordance with Section (a) of this Article, if additions or omission to the jurisdictions stipulated in schedule 5 of this Act has to be carried out, the modification has to be done in agreement with the Judicial Service Commission and the Judicial Council and by a decree issued by the Chief Justice.’’

The Chief Judge was detained by the military, after he had opened the court outside normal hours to order the immediate release of former Justice Minister and current Home Minister and deputy leader of the Dhivehi Quamee Party (DQP), Dr Mohamed Jameel.

On July 25, Deputy Prosecutor General (PG) Hussein Shameem said that Hulhumale’ Magistrate Court does have the jurisdiction to hear the case of former President Mohamed Nasheed over his role in the detention of a Criminal Court Chief Judge.

Shameem contended that should the court maintain its decision against hearing the case, there were few other judicial alternatives in trying to ensure a “fair trial”.

The Civil Court meanwhile recently dismissed a decision by its own watchdog body, the Judicial Service Commission (JSC), to take action against Chief Judge of the Criminal Court Abdullah Mohamed for violating the Judge’s Code of Conduct.

The Civil Court overruled the JSC stating that Judge Abdulla was not given an opportunity to respond to the allegations during the investigation.

According to the decision, providing a chance to submit any complaints after the investigation was completed could not be deemed as an opportunity for the judge to present his defence.

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PPM accuses government of setting Luthfee free from prison

The Progressive Party of the Maldives (PPM) has alleged that the government has set free Abdull Luthfee, who was sentenced to life during the time of Former President, for playing a senior role in the November 3 coup attempt in 1988.

Former Deputy Leader of Dhivehi Rayyithunge Party [DRP] and current interim council member of PPM Umar Naseer yesterday held a press meeting and told the media that the government has said that Luthfee went to Sri Lanka for medical purposes and escaped.

Luthfee, Umar said, did not escape but was ‘escaped’ with the assistance of the government and alleged that the government have been still supporting his stay at Sri Lanka.

Umar said it has been years after he left for medical purposes and added that the government has not even tried to look for him.

He said he was not astonished that the government has not searched for him because one of President Mohamed Nasheed’s brothers-in-law was also a senior figure in the November 3 attack.

‘’The PPM will very seriously look in to this issue of government letting a senior figure involved in the November 3 coup attempt in which 19 Maldivians were killed escape,’’ said Umar, adding that many other figures involved in the November 3 attack were currently filling senior government posts.

Sri Lankan newspaper The Island reported Luthfee as saying on the 23rd anniversary of the November 3 coup attempt, “I wanted to get rid of [former President Maumoon Abdul] Gayoom at any cost. As the election process in my country never gave a reasonable opportunity to the opposition, I felt an outside force should be used to oust Gayoom,”

In May this year, before the PPM was created and supporters of Gayoom were in Dhivehi Rayiithunge Party as a faction, Gayoom’s faction of the opposition Dhivehi Rayyithunge Party (DRP) protested outside the Prosecutor General’s Office and marched through the streets of Male’  with coffins, demanding justice for the martyrs who died in the November 3 coup attempt.

Press Secretary for the President Mohamed Zuhair denied the allegations and referred Minivan News to State Home Minister  Mohamed ‘Monazer’ Naeem for more details.

Naeem said that Government will never help a detainee escape and denied the allegations made by PPM.

‘’The Department of Penitentiary and Rehabilitation Service [DPRS] will not hold anyone in detention if a doctor advises to send an inmate abroad for medical reasons, but that does not mean that we are making way for him to escape,’’ Naeem explained.

He said anyone can point fingers at the DPRS or Home Ministry.

‘’We are confident that no staff or anyone here will held him to escape,’’ he added.

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Police considering legality of 300 arrests in wake of Criminal Court’s release of Gassan

The Maldives Police Service is reviewing the legality of a number of arrests made under article 46 of the constitution, after the Criminal Court ruled last night that the arrest of Gassan Maumoon, son of former President Maumoon Abdul Gayoom, was unlawful.

Police Sub-Inspector Ahmed Shiyam explained that police were studying the cases to determine whether the arrests were lawful in light of the Criminal Court precedent, and considering releasing the suspects.

Chief Judge Abdulla Mohamed ruled last night that Gassan was arrested in violation of article 46 of the constitution and a Supreme Court precedent establishing criminal justice procedures.

Article 46 states, “No person shall be arrested or detained for an offence unless the arresting officer observes the offence being committed, or has reasonable and probable grounds or evidence to believe the person has committed an offence or is about to commit an offence, or under the authority of an arrest warrant issued by the court.”

Gassan’s lawyers argued at court that as the former President’s son was taken into custody without an arrest warrant after he was summoned for questioning, the circumstances of his arrest does not fit the exceptions provided for in the constitution where suspects could be arrested without a court order.

Sub-Inspector Shiyam however said there were “dangerous criminals we have arrested following the same procedure for committing offences such as child molestation, drugs and assault and battery.”

Police were currently reviewing the cases of “over 300” suspects to determine if their arrests were constitutional, he said.

Responding to the legal arguments from Gassan’s lawyers at the Criminal Court hearing yesterday, Police Superintendent Mohamed Jinah said if Gassan’s arrest was unlawful, “every one police have arrested and brought before the court [for extension of detention] was arrested in violation of the constitution.”

Jinah insisted that the arrest was lawful as police had reasonable grounds to suspect Gassan had committed a crime and were prepared to submit early evidence for an extension of detention.

Speaking to Minivan News today, Progressive Party of Maldives (PPM) Spokesperson MP Ahmed Mahlouf said the police statement was intended to “put the lid on Gassan’s arrest,” which he said had drawn public anger towards the government.

Mahlouf noted that only the Criminal Court, High Court or Supreme Court could order the release of suspects held in remand detention and “not the President’s Office or Home Ministry.”

“And the only way to change a Criminal Court ruling is to appeal it at the High Court,” he said, adding that the Supreme Court precedent in July 2010 established that only the Prosecutor General could file such appeals.

The PPM also filed three complaints at the Police Integrity Commission (PIC) regarding Thursday’s disturbances, Mahlouf said, which involved the police reaction to the MDP protest outside the Supreme Court and police failure to intercede when MDP activists damaged the property of the former President.

The party also filed a complaint about the summons chit sent to Gassan Maumoon, he continued, which he argued was “unlawful” as the former President’s son had exercised his right to remain silent when he was first summoned on Saturday.

The PIC had invited PPM members for a meeting regarding the complaints at 12:00pm tomorrow, he said, adding that the commission had formed three committees to investigate the matter.

Two activists of the ruling Maldivian Democratic Party (MDP) arrested for their involvement in disturbances outside the former President’s residence, Endherimaage, last Thursday were meanwhile released from custody today.

The Criminal Court yesterday approved a five-day extension of detention for MDP activist Ilham. Following his release last night, Ilham’s lawyer Abdulla Haseen said Gassan was arrested on suspicion of endangering a person’s life while Ilham was arrested on suspicion of damaging personal property during Thursday’s protest.

But, said Haseen, while Ilham was handcuffed and had his detention extended by the court, Gassan was treated very differently.

Supporters of the former PPM attacked Housing Ministry’s State Minister Dr Mohamed Shareef yesterday when he arrived from a conference in Bandos while PPM activists were demonstrating outside the police headquarters.

Sub-Inspector Shiyam said today that no arrests had been made yet in connection with the attack, footage of which was shown on Villa Television yesterday. The PPM supporters also stormed into the Home Ministry and met with senior officials to complain of Gassan’s arrest.

No-confidence

President’s Office Press Secretary Mohamed Zuhair meanwhile told Minivan News that in the wake of yesterday’s Criminal Court ruling, “all the arrests made in the past using the same procedure will be unlawful.”

Zuhair revealed that a team of senior police officers met with Prosecutor General (PG) Ahmed Muiz today to discuss the implication of last night’s precedent.

“He did not speak on the issue and rather questioned the police about some past incidents that he asked police to investigate and told the police to leave the PG Office immediately,” Zuhair said.

Following the actions of the PG, said Zuhair, the executive believed the government could no longer work with him.

“We will file a no-confidence motion against him [in parliament] very soon,” he said.

PG Muiz was unavailable for comment today.

PPM Spokesperson Mahlouf said the party would do “everything we can to save the PG” and such targeting of independent institutions the government was displeased with was “unacceptable.”

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Civil Court to hold passport of 82 year old historian Shafeeg

A Civil Court Judge overseeing a defamation case filed by former President Maumoon Abdul Gayoom today ordered that the passport of 82 year-old historian Ahmed Shafeeg be held.

The judge said the court would seize Shafeeg’s his passport after Gayoom’s lawyer said he had information that Shafeeg was about to leave the country.

Shafeeg was unable to appear at today’s hearing, with media reporting that it was the sixth hearing that had to be cancelled because Shafeeg could not attend the court because of his medical condition.

A medical certificate was presented to the court today by Shafeeg, which Gayoom’s lawyer said was against procedure and that Shefeeg would have to fill a form stating that he could not appear at court due to his medical condition.

Gayoom’s lawyer told the judge that Shafeeg was intentionally dismissing the summons “because he has been attending other functions.”

The lawyer requested the judge summon the doctor who had issued the medical certificate, citing an the incident where former president of Egypt Hosni Mubarak was summoned to the court despite his weak medical condition, and requested the judge to apply the same procedure to Shafeeg’s case.

According to daily newspaper Haveeru, before dismissing today’s hearing the judge said that Shafeeg’s doctor would be summoned to the next hearing.

A spokesperson of the Civil Court confirmed that the media reports were correct and that the judge has ordered Shafeeg’s passport held.

‘’I can confirm that the reports about his passport detention is correct. The judge also said that Shafeeg’s medical service provider will be summoned to the court during the next hearing,’’ he said.

The former President sued Shafeeg after he published a book alleging that 111 inmates disappeared in custody during Gayoom’s administration.

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National Security Committee to summon former President Gayoom

Maldivian Democratic Party (MDP) Chairperson ‘Reeko’ Moosa Manik has proposed summoning former President Maumoon Abdul Gayoom to the parliamentary National Security Committee yesterday over his alleged involvement in US$800 million worth of blackmarket oil trade with Burma.

The Hulhu-Henveiru MP, a member of the MDP-dominated committee, proposed summoning Gayoom and other senior officials of the former government suspected of involvement in the secret trade conducted by the State Trading Organisation’s (STO) Singapore branch.

Moosa’s proposal was backed by other MDP MPs as well as minority opposition People’s Alliance (PA) MP Abdul Raheem Abdulla.

Moosa told Minivan News today that the committee will summon Gayoom after gathering necessary information.

“Because this is a very serious issue and it is a serious allegation, it requires the committee to question him and other persons believed to be involved in this black-market oil trade,” Moosa said.

On August 2, a resolution calling for an investigation into the allegations submitted by MDP MP Mohamed Musthafa was sent to the National Security Committee, which began deliberations at its meeting yesterday.

National Security Committee Chair MP Ali Waheed told press yesterday that the committee decided to send out letters to the relevant authorities in the Maldives as well as Singapore to gather information.

Opposition Dhivehi Rayyithunge Party’s (DRP) Z-faction MP Ahmed Nihan meanwhile told Minivan News that the committee’s decision was a “psychological attack” on the party’s ‘Honorary Leader’ (Zaeem) Gayoom.

“The committee does not have any sincerity in their work, it is all about the personal grudge that Moosa has for Gayoom,” Nihan said. “The committee does have the authority to summon persons and inviting former president to the committee is nothing to be concerned about.”

Nihan suggested that the committee should also investigate allegations that the committee’s chair MP Ali Waheed – former Deputy Leader of the DRP – received US$2 million by defecting to the ruling party.

“The committee should also investigate the allegations that there was corruption in the US$21 million Thilafushi project that Moosa is conducting,” Nihan said.

He added that opposition MPs would soon submit a resolution calling for an investigation into President Mohamed Nasheed allegedly consuming alcohol in front of Indian journalists in December 2008.

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Male’ City Council to confiscate former President’s house during ‘sidewalk’ meeting

Male’ City Council passed a resolution today to seize the official residence of former President Maumoon Abdul Gayoom, Ma Kibigasdhoshuge, for the state with compensation.

At an impromptu meeting held outside parliament this morning amidst public protests, nine councillors of the ruling Maldivian Democratic Party (MDP) sat cross-legged on a red carpet decked out on the road and unanimously endorsed the resolution. The two opposition Dhivehi Rayyithunge Party (DRP) councillors did not attend the ‘meeting’.

Former Mayor “Sarangu” Adam Manik confirmed the council’s decision and defended the legality of the move.

“The meeting was a lawful meeting and all decisions made during the meeting will be lawful and shall be implemented,” insisted Manik, who also chaired the meeting.

However the former municipality head refused to comment any further on the matter.

Article 41(n) of the Decentralisation Act empowers the city council to seize private property “if necessary” after providing “fair compensation”.

Ahmed Nihan, spokesperson of the Z-DRP faction formed behind the party’s ‘Honorary Leader’ Gayoom, told Minivan News today that he did not believe the council’s decision was legal.

“How can they claim land owned by someone? Even the constitution states that everyone must respect others private life and house,” Nihan said. “The current government is helpless to rule the country.”

Nihan said that the Male’ City Council had violated the rights of the former President, adding that the council did not have the legal authority to seize land.

“The ultimate outcome of such decisions will be other island councils will start making such decisions in council meeting and will start claiming others’ properties,” he suggested. “Now also Kaafu Atoll Guraidhoo Council is claiming that the resort (Kandooma Island Resort) right next to the island is a part of the island.”

The DRP MP for Vili-Maafanu strongly condemned the decision made by Male’ City Council.

“It is another desperate action of the government,” he said. “Mad people like Adam Manik will do such things like sitting on the road and holding council meetings.”

Nihan argued that the Male’ City Council could not take the land without Gayoom’s consent.

“Although the council has decided to pay compensation in return for the land, still it cannot be taken without the consent of former president,” he insisted.

Nihan said that he was not aware if Gayoom had officially decided to take any action concerning the decision.

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DRP Deputy Leader not informed of Gayoom’s council elections plan

Dhivehi Rayyithunge Party’s (DRP) Deputy Leader Ibrahim Shareef has said that the party’s “honorary leader”, former president Maumoon Abdul Gayoom, has not disclosed how he aims to campaign for them ahead of next month’s local council elections upon returning to the country last week.

Shareef said that following the return of the former president to the Maldives on Friday night the party had not discussed the role Gayoom might play for them during the upcoming contest.

“He [Gayoom] is our honorary leader and enormously popular right now,” said Shareef. “While we will appreciate his help during campaigning, we have not been informed of his plans right now.”

Thousands of supporters holding posters of the former president and banners gathered near the presidential jetty to welcome Gayoom on Friday after it was announced last month that he would return to campaigning for the party during the local council elections.

At Male’ International Airport’s VIP lounge, the former president gave a brief interview to the media on his return along with his views on the latest political issues like the war of words between current DRP leader Ahmed Thasmeen Ali and former Deputy Umar Naseer. Naseer was dismissed from the party by its disciplinary committee late last year.

The animosity between the two political figures appeared to come to a head last month amidst reports of violence at a meeting held at DRP headquarters between rival supporters loyal to either Thasmeen and Naseer over gaining entry to the event.

Gayoom told the media that there were no fractions forming within the DRP and added that he would describe the developments more as disputes. He also denied completely retiring from political life.

”I am still in the position of honorary leader of DRP, and it is also the highest position in the party, therefore, it is the responsibility of the head of the party to work for the unity of the party and for the progress of the party,” he said.

Gayoom was also questioned about allegations that the party’s deputy leader and leader – Abdulla Shahid and Ahmed Thasmeen Ali respectively – had travelled to India to meet senior officials of infrastructure giant GMR in relation to their opposition of a privatisation agreement with the government to manage Male’ International Airport.

Gayoom said that he received the information that Shahid was in India and when he enquired about the Deputy Leader’s location, Shahid replied to him via text message that he was in Colombo, Sri Lanka.

The DRP is itself involved in a coalition of opposition parties like the Dhivehi Qaumee Party (DQP), Jumhooree Party (JP) and the People’s Alliance (PA) against the privatisation agreement with GMR on the grounds of nationalistic interests.

Gayoom arrived in the Maldives whilst the DRP was holding the official launch ceremony of its Local Council Campaign, a function that the former president said he was unaware of.

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Umar Naseer cannot overthrow government, responds Reeko Moosa

Maldivian Democratic Party (MDP)  MP ‘Reeko’ Moosa Manik has hit back at Deputy Leader of the opposition Dhivehi Rayyithunge Party (DRP), Umar Naseer, who earlier warned that the party would topple the government if former President Maumoon Abdul Gayoom was handled “outside the chart”.

“Outside the chart” was a phrase used by President Nasheed that has been widely interpreted by the opposition as “acting outside the Constitution”, ostensibly in his detention of the Gayoom’s brother and People’s Alliance MP Abdulla Yameen on charges of treason and bribery, after he was released by the court.

Naseer’s heated rhetoric came in response to Nasheed’s speech at the launch of historian Ahmed Shafeeg’s book, which alleging that 111 Maldivian citizens were held in custody and tortured by the former administration.

Naseer warned that if Gayoom was handled “outside the chart”, “the next day we will file a no-confidence motion against the President and we will make it the end of his regime.”

Reeko responded that the opposition coalition DRP and People’s Alliance (PA), led by the former president’s half brother Abdulla Yameen, would find it impossible to overthrow or topple Nasheed’s government, “inside or outside the parliament.”

“No matter how many times Umar warns that this government can be overthrown if the president acts outside of the chart with regard to the former president, MDP is the only party that has the capability to overthrow a government by going out on the streets, or achieve anything,’’ Moosa said.

He added that in the event of a trial concerning torture allegations against the former government then Naseer – a former police officer – might be also investigated himself, alleging that he “is a person famous for taking part in the tortures [conducted] by the former administration.”

“Umar is a person attempting to destroy one party after the other,’’ Moosa alleged. “Now he’s trying to create aggression inside DRP, and divide the party.”

Naseer did not respond to Minivan News at time of press.

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DRP accuses MDP MP Mustafa of terrorism for intimidating former president

The opposition Dhivehi Rayyithunge Party (DRP) have accused Maldivian Democratic Party (MDP) MP Mohamed Mustafa of violating the Terrorism Act with comments intended to “intimidate” former President Maumoon Abdul Gayoom.

Mustafa had recently criticised the former president and DRP ‘Honorary Leader’ for deciding to take part in an official DRP protest, despite earlier claiming to have resigned from politics.

The DRP today said that Gayoom’s participation in protests “does not mean that he is involved in political events. We believe he can take part in the DRP events to strengthen the unity of the party,  as he is the DRP’s Honorary Leader,” the statement said. “We do not believe that those speaking against this have a valid point.”

Mustafa was recently arrested for allegedly bribing a Civil Court Judge.along with Deputy Leader of minority opposition Peoples Alliance party (PA) and Deputy Speaker of the Parliament Ahmed Nazim.

However, the Criminal Court released both MPs due to lack of evidence when of police appealed at the court for an extension of detention.

The Statement said that the former president “deserves the protection afford him under the constitution”, whether other political parties liked it or not.

“That protection cannot be violated when one party dislikes it,” DRP said. “Therefore, the actions of MP Mustafa were to smear the respect of the former president, which violates the Terrorism Act. We will take legal action against him.”

Mustafa replied that DRP’s thinking was “still back in the ancient ages.”

“They are angry because I said that if a former president is becoming affiliated with protests and political events, I might have to take allegations that the person was involved in torture to the court,” Mustafa said. “I also said I will take those issues to the International Court of Justice.”

Mustafa said that to file a terrorism case against him for these comments was “impossible.”

“Maybe it is possible according to the constitution made before Maumoon’s blue constitution,” he said. “One no longer gets sent to the torture chamber for mention the name ‘Maumoon’.”

“There is no treatment or medication for people spoiled with communism,” he added.

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