Tag: high court

Police confirm charges against Yameen and Gasim include bribery, treason

The Maldives Police Service (MPS) has revealed that charges against People’s Alliance (PA) leader Abdulla Yameen and Jumhoory Party (JP) leader Gasim Ibrahim include treason and bribery.

The court ruled just before midnight on Wednesday that both MPs would be confined to house arrest for three days while the investigation continues, and would be free to attend any parliamentary meetings.

Sub-Inspector Ahmed Shiyam said the case was being heard this evening, and confirmed the charge sheet included bribery and “attempting to topple the government illegally.”

This afternoon police appealed in the High Court against a warrant issued by the criminal court shortly after midnight on Tuesday evening, requiring that Yameen and Gasim be brought to court in one hour.

Yameen’s legal team, led former attorney general Azima Shukoor, filed in the criminal court to determine on what grounds Yameen was arrested.

The prosecution claimed the court warrant issued by the criminal court was unlawful and against judicial procedure.

”Maldives Police Services understand that the court warrant which ordered police to summon Abdulla Yameen Abdul Gayoom was against the law,” the prosecution stated. ”The criminal court unlawfully ordered police to summon Abdulla Yameen Abdul Gayoom.”

She said that there was no law forbidding police from arresting Yameen as there were criminal charges against him.

”Everyone is equal in front of the law,” the prosecution stated. “The court order does not mention that the police abused any of the rights on arrest guaranteed by the constitution.”

She said the time limit on the court warrant was also an issue.

The Chief Judge queried the prosecution lawyer as to whether there was a law specifying a time limit to conduct trials.

”Arrests made abruptly should be brought before judges between 7:30pm to 9:30pm on working days and from 4pm to 9:30pm on other days,” she replied.

Yameen’s defence lawyer Azima Shukoor, said police had no reasonable grounds on which to arrest Yameen.

”Yameen was not told what charges he was being arrested for at the time of  him arrest,” Shukoor said, noting that this was a legal right as guaranteed by article number 48(a) of the Constitution.

The article states that everyone has the right on arrest or detention to (a) be informed immediately of the reasons therefore, and in writing within at least twenty four hours.

”He was arrested at 6:30pm and at 9:45pm he knew the cause of his arrest – that is three hours after he was arrested.” she said.

Azmia said that the Maldives Police Service entered Yameen’s house without his permission, and claimed this violated article 47(b) of the constitution, which states that ‘residential property shall be inviolable, and shall not be entered without the consent of the resident, except to prevent immediate and serious harm to life or property, or under the express authorisation of an order of the Court.’

Addressing the High Court, Yameen explained how he was arrested.

”Police officers came to my house at around 630pm, I do not remember the exact time, and they said they had something to tell me,” Yameen recounted. ”They ordered me to go to the police station immediately.”

Yameen said he asked the police officers whether they had a court warrant and why he was being arrested.

”They said that when I arrived at the police station I would know why,” Yameen said. ”I asked whether they had a document from the Maldives Police Service (MPS), and they did not have that.”

Yameen said he then refused to accompany the officers.

”A police star force squad came and cruelly and without any respect tried to take me [forcibly],” he said. ”I then said I would go.”

Yameen said he asked the police officers to show him a court warrant authorising his arrest.

”They replied that I did not have that opportunity,” he said. ”I said I would go in my own vehicle, and they replied that I did not have that opportunity also.”

Yameen said when the police vehicle went near the police headquaters, they pretended to wait and then drove at high speed.

”I asked them what they were doing,” he said. ”They replied that they were taking me to Dhoonidhoo [police custodial], and said they also had a police station there.”

Gasim’s hearing followed Yameen’s. The MP was defended by Dhivehi Qaumy Party (DQP) leader Dr Hassan Saeed, who also claimed that Gasim was arrested unlawfully.

The High Court will rule on the case tomorrow.

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High Court upholds blasphemy acquittal

The High Court has ruled in favour of the Criminal Court’s acquittal of a Maldivian who allegedly claimed that there was no God and Prophet Muhammad was not a Messenger.

The Criminal Court judge earlier said the man had made the comments while drunk and therefore could not be convicted. The man’s father had given evidence against him but the High Court ruled the father’s evidence inadmissible because it was motivated by a personal grudge.

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Islamic Sharia applies where Maldivian law silent, High Court clarifies

The High Court of the Maldives has clarified that Islamic Sharia law defaults in cases where crimes may not be specifically forbidden by Maldivian law, and instructed parliament to keep this in mind when amending the penal code.

”When bringing amendments to the penal code of the Maldives, I rule that the concerned state institution amend the penal code in a manner that does not obstruct the giving of penalties for crimes prohibited under Islamic Sharia,” Judge Abdul Gany Mohamed ruled.

Judge Gany added the landmark ruling to the verdict in a case concerning a man who threatened a doctor last year in Indira Gandi Memorial Hospital (IGMH).

The prosecution claimed that Sulhath Abdulla, of Maafannu Kurevi, went to IGMH in May last year and threatened a doctor who had refused to write him a prescription for a control drug.

The Criminal Court of the Maldives last year ruled that there was no specific law forbidding Sulhath Abdulla’s actions, and therefore he could not be punished.

Judge Gany said that although there was no Maldivian law for the crime he committed, anything prohibited under Islamic Shariah was consisted prohibited according to articles 2, 10, 19 and 59 of the constitution.

”Under article number 142[a], the courts must rule according to Islamic Sharia when deciding a matter on which [Maldivian] laws are silent,” Judge Gany said.

Judge Gany sentenced Sulhath Abdulla for four years house arrest for objection to order and violating article 88[a] of the penal code.

He explained that using foul words when addressing to people, threats to damage another’s body or property, intimidation, refusing to give samples necessary for investigations, obstructing investigation, using or possessing a sharp object that might cause “fear in society”, and using any object that could potentially be classed as a weapon should all be considered prohibited under article number 2, 10, 19 and 59[a] of the constitution.

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Attorney General appeals to High Court over civil servants’ salaries

The Attorney General sent an appeal to the High Court last Thursday on behalf of the Ministry of Finance, regarding last week’s decision in favour of the Civil Service Commission (CSC) concerning civil servant salaries.

Last Tuesday the Civil Court ruled in favour of the CSC in their suit against the Ministry of Finance regarding civil servants’ salaries, which were reduced in October last year. Although the court ruled in favour of the CSC, they did not specify whether the ministry had to restore civil servant salaries.

Speaking to Minivan News last week, member of the CSC Mohamed Fahmy Hassan said he was “confident the Finance ministry will give the salaries as we requested,” after which members of the CSC and the ministry met last Thursday to discuss the issue.

Today Fahmy said they were “very surprised” when they received instruction from the High Court “not to take any action [regarding the salaries] until they have made a decision.”

He said last week, the Finance Ministry “were very positive and we did not think they had any intention to appeal.”

Fahmy said the issue of salary restoration will again be put on hold until the High Court makes its decision. “I don’t know how long this is going to take,” he said. “It depends on whether any party appeals to the Supreme Court.”

He noted the CSC was not planning on appealing the case yet, but it was a possibility which would be looked at depending on how the AG’s appeal process was going.

“This is a very clear case,” Fahmy said, “civil servants cannot be singled out. There are many other staff paid by the government.”

Fahmy noted the CSC would continue with this case “until it is resolved or a decision is made by the highest authority.”

He added the continued reduction of civil servants’ salaries was “against the Constitution.”

Attorney General Husnu Suood said his office was “speaking against points of law involved in the judgement.” Basically, “we are not happy with the interpretation [of the law]” made by the Civil Court last week, he said.

“The interpretation of the law is not correct,” he stated.

Suood said his office along with the Ministry of Finance and the CSC were having “discussions as to how we should proceed with judgement passed by the Civil Court.”

He said although it was “too early to say” whether civil servants would have their salaries restored soon, he was “very hopeful that it will be settled outside of court.”

Suood reiterated the point that they wanted to settle the matter outside of the court system, and this appeal was only meant to speak against the Civil Court’s ruling.

Press Secretary for the President’s Office Mohamed Zuhair said “in this kind of scenario when they can’t agree,” the appeal is meant to give the Ministry of Finance more time to resolve the issue with the CSC out of court.

He noted Parliament still has not yet passed any of the bills which would provide the government enough revenue to surpass the needed Rf7 billion to restore civil servants’ salaries.

“We will not reach it this year,” Zuhair said, “no bills have been discussed in the house.”

He added the CSC “has no right to demand higher pay” when the government’s revenue is still not beyond the stipulated Rf7 billion.

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Adam Naseer sues police to reclaim frozen assets

Adam Naseer has sued the Maldives Police Service (MPS) for withholding his assets after the High Court froze the money earlier this month, as part of an ongoing investigation against him.

Naseer, labelled as one of the top six drug dealers of the country by the government, was arrested in July 2008 by police on drug charges.

He was acquitted by Judge Abdul Baary Yousuf in the Criminal Court in late February 2010. The judge cited lack of evidence to convict Naseer.

The Prosecutor General’s office then appealed the case to the High Court and requested the freezing of Naseer’s assets which were being held by police, and amounted to over Rf5 million (US$460,000) in cash.

On 8 March the High Court ruled that Naseer’s assets be frozen and held by police until the investigation and subsequent case are finalised.

Naseer filed a law suit against the MPS, claiming he is experiencing financial difficulties, as reported by Miadhu. His claim was heard at the High Court yesterday.

The PG and Attorney General’s office are defending the MPS in this case in a “joint effort” with Deputy Solicitor General Ibrahim Rifath, who is acting as the main primary litigator in the case.

Deputy AG Abdulla Muizzu said Naseer is claiming assets which are not related to the alleged drug offence.

Deputy PG Hussain Shameem also said some of the documents Naseer is seeking are not covered under the High Court’s ruling.

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High Court freezes accounts belonging to Adam Naseer

The High Court today ruled that Adam Naseer’s bank accounts would remain frozen until the appeal process launched by the Prosecutor General’s Office is complete.

Naseer was arrested on charges of drug trafficking in July 2009, and was acquitted by Judge Abdul Baary Yousuf on 28 February, who noted there was a lack of evidence against Naseer.

The government has previously identified Naseer as one the country’s top six drug dealers, and his acquittal has raised concern among many about the integrity of the judicial system.

The High Court’s decision to freeze Naseer’s accounts follows a decision yesterday by the Criminal Court ruling that police were to return the Rf6 million (US$467,000) in cash found in Naseer’s house when he was arrested.

Police Sub Inspector Ahmed Shiyam confirmed that the police had requested the High Court suspend the order to return the money to Naseer, and to freeze his bank accounts, until the appeal process from the PG’s office was complete.

Shiyam called the court’s speedy ruling “a success” and said the police “hope future cases will be treated in the same manner.”

President’s Office Press Secretary Mohamed Zuhair said “I don’t think [Naseer] is under arrest” but noted that he was unable to leave the country.

“Immigration has a black list of all individuals with pending judicial matters,” he said.

Shiyam confirmed Naseer was “at home” but not under house arrest.

High Court decision

Deputy Prosecutor General Hussein Shameem confirmed the PG’s office submitted an appeal to the High Court yesterday for Naseer’s bank accounts to remain frozen while the appeal to his drug charges is in process.

Shameem explained that it was very important for Naseer’s money to remain frozen through the appeal process because “if he gets a hold of it, he could send it abroad or launder it.”

Under the Narcotics Law, any money obtained through illegal activities “shall be confiscated by the state.”

“We have asked the court to confiscate the money in case he is later convicted,” Shameem added.

Shameem said he thought the High Court’s ruling to freeze Naseer’s assets was “a good decision” but the noted that the case would not yet be heard in the High Court.

“They will send a summon in time. We still have to wait,” he said.

Shameem noted that the case cannot be heard at the High Court until the Criminal Court sends a formal report on the original ruling, which includes the documents that were submitted and the witness statement.

“We are still waiting on the full report from the Criminal Court, hopefully [we will get it] by the end of this week” he said. “We still need to get things started.”

Shiyam suggested “there are more charges to come” in the Naseer case,  although he would not comment on whether there will be new evidence submitted in the High Court’s hearing.

Judicial reform

There has been much public outcry about the performance of the judicial system, sparked by Adam Naseer’s acquittal.

Even President Mohamed Nasheed said at a Maldivian Democratic Party (MDP) rally on Sunday 28 February, “When there’s Rf5 million in a bag underneath the bed and the judge doesn’t think it raises any kind of doubt, I wonder how they perform their duties as a judge.”

A source familiar with the judicial reform process said the judge’s conduct needed to be “looked into”.

The source noted that 75 per cent of the country’s judges had not finished primary-level education, and had simply acquired a ‘judge’s certificate’ or been appointed by the previous regime. Historically, “a few people” instructed the judges on the law “and verdicts”.

Secretary General at the Judiciary Service Commission (JSC), Muna Mohamed, meanwhile confirmed that only 35 out of 202 judges have a degree in law, and only one has a diploma in Shari’a law. The remaining 166 have local trainee certificates.

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High court judge rules Himandhoo protest was ‘terrorism’ and denies appeal

A high court appeal by three men sentenced to jail for the violent protest at Himandhoo has failed.

Ahmed Ramzee, Ahmed Ali and Adam Mohamed, all from Himandhoo, were originally sentenced for up to 10 years each for their involvement in the protest in October 2007.

The 200 police and army personnel who travelled to the island in search for evidence related to the Sultan Park bombing the previous month were confronted by the islanders, who donned red motorcycle helmets and armed themselves with batons and knives and denied the authorities entry to the Dhar-al-khuir mosque.

In the ensuing skirmish, a policeman was taken captive and another’s hand was severed. Shortly afterwards a video discovered on an Al Qaeda forum was found to contain footage taken inside the Dhar-al-khuir mosque moments before it was raided by police.

Senior High Court Judge Ali Hameed today ruled that the actions of the three men during the protest qualified as ‘terrorism’ under the law of Maldives, and said that the case was not open to appeal. Reading the verdict, Judge Hameed said their actions were “against the public order of the country and weakened the religious unity of the people.”

“The [verdict] of the criminal court cannot be overturned,” he said.

In the appeal, the men claimed their actions against the Maldives National Defence Force (MNDF) were in “self defence”. Adam Mohamed and Ahmed Ramzy also told the court in previous hearings that their confessions had been extracted under duress.

At the time, Minivan News reported that Mohamed’s account tallied with other reports of abuse to have emerged from the police-run Dhoonidhoo detention centre. On 19 March 2008, he told the court he had been taken out of his cell at night during the investigation, handcuffed with his hands behind his back, and beaten in the football ground area.

Clemency

On 9 February senior members of the Maldivian government met with the 16 people arrested and sentenced for the Himandhoo protest, to inform them that President Mohamed Nasheed had made the decision to lessen their sentences under the forthcoming clemency bill.

“One criteria of the clemency laws is that [the defendant] must have exhausted all other avenues of appeal,” said the President’s Press Secretary Mohamed Zuhair. “They are more eligible [for clemency] as a result of going through the [appeals] process.”

Zuhair said the accusation that the government was ‘releasing terrorists’ was unfair.

“I believe people cannot comment on the actions of the government without knowing the details of the matter,” Zuhair said. “There are complex issues being considered, such as the trial that was conducted under the previous constitution. The president has made it known he will alleviate their sentences.”

“This government came into power saying democracy would extend to religious matters,” Zuhair added.

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Uz Adam Mohamed Abdulla appointed as a Judicial Service Commission member

The President appointed Uz Adam Mohamed Abdulla as a member of the Judicial Service Commission yesterday. He was elected by other judges of the High Court to serve as a Judicial Service Commission member.

There was a special ceremony at the President’s Office yesterday, where President Nasheed presented Uz Adam the letter of appointment for his new position.

President Nasheed urged Uz Adam to fulfill the member’s responsibilities in establishing justice.

Uz Adam said he would try his best to fulfill the responsibilities and to strengthen the work of the Judicial Service Commission within the boundaries of law.

Uz Adam took the oath of office before the Supreme Court Judge Abdulla Areef.

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