Tag: ibrahim hussain zaki

Criminal Court orders police to present Zaki and Siyam to hearing

The Criminal Court has released an order on Sunday asking the police to keep government coalition partner Maldivian Development Alliance leader and owner of Sun Travels Ahmed Siyam and Nasheed administration’s Special Envoy Ibrahim Hussain Zaki in police custody and to present them to court hearings.

The order was released as the court has been unable to deliver the summons for the hearings to the two individuals.

Siyam is being summoned to court regarding a case where customs discovered he had tried to bring in a bottle of alcohol in his luggage to the Maldives in March 2012.

Zaki is being tried for a case against him for possessing drugs and alcohol during a police raid of the island of Hondaidhoo in November 2012 where he and a number of others, including MDP parliament members Abdulla Jabir and Hamid Abdul Ghafoor were arrested.

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Criminal Court sentences opposition activist ‘Hoara Ibbe’ to 10 years for child abuse

Former Under-Secretary of the President’s Office and opposition Maldivian Democratic Party (MDP) activist, Ibrahim Rasheed ‘Hoara Ibbe’, has been sentenced to 10 years in jail after the Criminal Court found him guilty of the charge of sexually abusing a 17-year old girl.

The police arrested Rasheed a year ago in December after being discovered at a house in the Galolhu Ward of Male’ with the minor.

The local media at the time quoted police as saying that when officers entered the room containing Rasheed, he was naked with the girl. However, the police refused to officially confirm the claim.

Rasheed at the time claimed that the 17-year old was his girl friend and later, got married to her when she had attained the age of 18.

The Prosecutor General however pressed charges against Rasheed under section 3(c) of the Special Measure for Perpetrators of Child Sex Abuse Act 2009, which carries a sentence of imprisonment up to 14 years.

Criminal Court officials confirmed to local media at the time that Rasheed – during the closed-door trial – had refuted the charges.

However, issuing the guilty verdict this Sunday (December 1), the Criminal Court Judge stated that despite Rasheed’s objections to the charges, the statements given by witnesses produced to the court by the prosecution proved that he had been guilty of the charge.

Section 3 of the Measure for Perpetrators of Child Sex Abuse Act 2009 states:

(a) It is an offence if a person touches a minor with sexual intent.

(b) For the purpose of this section, touching a minor with sexual intent is meant if he acts in the following way

  1. Touching the minor’s genital region or his anal region or any other sexual organ  or touching part of his body that could be used to achieve sexual desire,
  2. Touching with the hand or any other object,

(c) If a person is found guilty of the offense mention in Section 3(a), he shall be punished with imprisonment for a period of 10 to 14 years.

For the purpose of Maldivian laws regarding sexual offences, any person under 18 years of age is considered a minor.

Selective application of the law

Although the Criminal Court sentenced Rasheed under the Measure for Perpetrators of Child Sex Abuse Act 2009, the same court only sentenced renowned Quran reciter and teacher Hussain ‘Qaari’ Thaufeeq to a six months banishment and 15 lashes in a similar case last week.. Thaufeeq was arrested on August 2010 for multiple counts of child molestation while in a position of trust, although this was not considered by the court.

According to local media the Criminal Court sentenced Thaufeeq under ‘Regulation concerning punishment for fornication and adultery’, and had the enforcement of his sentence suspended under section 292(2) of the “Regulation concerning criminal trial” for a period of three years as it was his first offence.

Minivan News was unable to obtain a copy of the ‘Regulation concerning punishment for fornication and adultery’ as this was not found on the government’s legal website containing all published laws, www.mvlaw.gov.mv. The Criminal Court’s website was down for maintenance.

Section 292(2) of the “Regulation concerning criminal trial” states:

The judge has the discretionary power delay enforcement of a sentence for a period of three years if, the person found guilty is sentenced to imprisonment or banishment or house arrest for a period not exceeding six months, and if it is the first criminal conviction that person has faced [in his life].

It is unclear as to why the Criminal Court opted to sentence Thaufeeq under the “Regulation concerning punishment for fornication and adultery” while section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 explicitly states the offence of child abuse and molestation while being in a position of trust, and despite usual practice being that a specific legislation supersedes a by-law.

Section 9 of Measure for Perpetrators of Child Sex Abuse Act 2009 states:

(a) It is an offence if a person who commits a sexual act against a minor while being in a position of trust

(b) The punishment for the offence stated in section 9(a) is imprisonment for a period between 15 to 18 years

Thaufeeq is also being charged with possession of pornographic material. The trial is still pending at the Criminal Court.

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Man sentenced to one year imprisonment for refusing urine sample

The Criminal Court on Sunday sentenced a man to one year imprisonment for refusing to submit a urine sample to police.

The verdict marks the first time a person was convicted for the offence since the new drug law came into force on December 31, 2011.

Ali Abdulla, of Hulhumale’ flat 10g 4, was arrested in a drug-related case on May 14 and refused to submit a urine sample to police.

He was sentenced under article 123(b) of the Drug Act (Dhivehi), which states that refusing to submit a urine sample when arrested on drug-related charges is a crime punishable by a one year jail term.

Following a police special operation in November that saw two MPs arrested from an uninhabited island in Haa Dhaal atoll on suspicion of drug use and alcohol consumption, police said individuals who refused to undergo a urine examination could face prosecution.

Maldivian Democratic Party (MDP) MP for Kaashidhoo Abdullah Jabir and MP for Henveiru-South Haamid Abdul Ghafoor, former President Nasheed’s Press Secretary Mohamed Zuhair, his wife Mariyam Faiza, and former President Nasheed’s Chief Advisor Ibrahim Hussain Zaki, allegedly refused to cooperate with police in the urine testing procedure.

Meanwhile, police sent cases of two individuals aged 23 and 39 who refused to provide urine samples to the Prosecutor General’s Office (PGO) in December.

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Former SAARC Secretary General announces self-exile until establishment of democratic government

Former Secretary General of SAARC Ibrahim Hussein Zaki has announced that he will be remain in India in self -imposed exile until President Mohamed Waheed’s government is brought to an end and a new “democratic government” installed.

“I will go back to the Maldives to participate in the oath taking ceremony of a democratic president who gets elected through a free and fair election,” he said.

Zaki made the remarks in an interview with the opposition-aligned Raajje Television on Friday Night.

“How [police] attacked me while I was on Hodaidhoo island is a clear notion that I will be destroyed should I continue staying in Maldivian territory,” he said referring to his arrest while in the island of Hodaidhoo.

He claimed that the current government is a dictatorship that was severely failing in respecting the rights of the people, and therefore should be toppled. Zaki added that he was willing to sacrifice anything to see the installation of a democratic government.

The former SAARC Secretary General also criticised current Home Minister Mohamed Jameel Ahmed claiming that the minister was behind the government-led intimidation and harassment of opposition politicians.

“I am challenging him; [Jameel] should not be that stupid. I will go to any country except the Maldives. If you really can bring me back to the Maldives by force, then try it. I would salute you if you succeed. But I tell you, we will bring Jameel to justice for what he is being doing; he will be put to trial,” he said.

Zaki further said that he did not flee the country to escape punishment for criminal activities.

Attempt to escape from criminal prosecution – Home Minister

Meanwhile, Home Minister Mohamed Jameel Ahmed on Saturday told the media that Zaki fled the country to escape the impending criminal charges that he was likely to face.

“We have found liquor and drugs where Zaki was arrested. He had to face criminal allegations. We have also collected enough evidence to prosecute him,” Jameel said.

Jameel added that Zaki had been involved in criminal activities including consumption of alcohol and drugs. He added that more criminal allegations may follow based on the recent statements he had been making.

Responding to Zaki’s challenge that he would go to any country he wished, Jameel claimed that criminal prosecution did not actually require the suspect to be present in the country, and if investigation gives grounds for prosecution, the Prosecutor General would press charges.

Jameel added that if a suspect flees the country to escape from criminal prosecutions, the government could always bring the person back home with the assistance of Interpol.

“I just want to say is, that if you think you can escape criminal charges by fleeing the country, this is a very wrong idea. It cannot be done like that anywhere in the world. You cannot be on the run. There is a mechanism to summon those who are abroad just like those residing in the country,” said Jameel.

He also highlighted that it was not only Zaki, but several key figures within opposition Maldivian Democratic Party (MDP) including its presidential candidate former President Mohamed Nasheed could face “long term jail sentences”.

“When all these prosecution cases begin, a lot of key people in MDP leadership will face criminal prosecutions. There are cases of severe embezzlement of state funds. If these prosecutions succeed they may face long term jail sentences,” he explained. “So, in an attempt to overturn those criminal prosecutions, Nasheed has been speaking of a revolution and Zaki is talking about democracy,”

Jameel also reiterated that it is not the weakest among the society that should be brought in front of the law but that all must be equal in front of the law.

Arrest

Zaki – who was also the Special Envoy during former President Mohamed Nasheed’s government and a senior figure in opposition MDP – was arrested along with MP Abdulla Jabir and MP Hamid Abdul Ghafoor and several other senior opposition figures on the night of November 15, while on the uninhabited island.

Police said they found large amounts of “suspected” drugs and alcohol upon searching the island with a court warrant.

The arrests were made “based on information received by police intelligence,” police said. Sub-Inspector Hassan Haneef told Haveeru that the suspects were arrested with alcohol and “hash oil”.

Following the arrests around midnight, the suspects were taken to Kulhudhufushi on Haa Dhaal Atoll, and Zaki was hospitalised.

Zaki’s party MDP alleged the arrests were a politically-motivated attempt to disrupt parliament ahead of a no confidence motion against President Dr Mohamed Waheed Hassan Manik, and an amendment to voting procedure to make such votes secret.

However, despite the attempts, the vote was passed by the parliament 41 – 34 majority despite the initial attempt failed by a narrow margin of 39 – 34 votes.

The vote succeeded after MPs of the government-aligned Jumhoree Party (JP) and Dhivehi Rayyithunge Party (DRP) – including respective leaders MPs Gasim Ibrahim and Ahmed Thasmeen Ali – joined MDP MPs to vote in favour of the amendments.

Following release, Zaki left for India to seek medical treatment for injuries which he claimed were inflicted during the raid.

Media appearances

During his stay in India, Zaki has giving several interviews to Indian media, highlighting growing Islamic fundamentalism.

On one such occasion, he reportedly warned India that rising fundamentalism in the Maldives threatened the country’s economic interests.

“If we were in the government, definitely we would have done it by now… definitely [asked for] their [Indian forces] to be on the ground,” Zaki was quoted as saying.

“Zaki, 67, a former minister in successive Maldivian governments headed by former presidents Maumoon Gayoom and [Mohamed] Nasheed, said he would have called for Indian forces to protect the multi-million-dollar investment by Indian infrastructure firm GMR Group,” read the Indian media report.

Zaki explained that “many top figures in the Adhaalath Party are educated in Pakistan and draw their philosophy from the hardline Salafist form of Islam.”

“When Islamic fundamentalism takes over the country, if the Lashkar-e-Taiba can take over the country, then I have no choice [but to call in forces from India],” Zaki was quoted as saying, “referring to the Pakistan-based militant group that India blames for the 2008 Mumbai terrorist attack.”

Meanwhile, according to the Indian Express, Zaki’s meetings with External Affairs Minister Salman Khurshid, National Security Advisor Shiv Shankar Menon and Foreign Secretary Ranjan Mathai were “a clear signal from New Delhi of its unhappiness with Male’ over its handling of the opposition in that country to the GMR agreement for airport development.”

The Indian Express reported that Zaki received treatment at the Indian Army’s Research and Referral Hospital for injuries sustained during his arrest.

“Threat to national security”

Following the remarks, Maldives’ Ministry of Defence issued a statement condemning the remarks and contended that “such actions are very dangerous [threats] to national security and encourage activities that would harm the country’s independence and sovereignty.”

The press release from the Ministry referred to article 67(d) of the constitution, which states that every citizen has a responsibility “to promote the sovereignty, unity, security, integrity and dignity of the Maldives.”

The Defence Ministry appealed to politicians against making remarks that could undermine “national independence and sovereignty” and “issuing threats of confrontation and the use of force.”

The statement also warned that the Defence Ministry would take “necessary legal action against anyone who commits an act that harms the independence and sovereignty of the nation.”

Media Secretary of Presidents Office Masood Imad when contacted said that he was out of the country therefore said that he “did not want to talk”.

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Zaki’s remarks “threat to national security,” claims Defence Ministry

The Ministry of Defence has said widely-reported remarks by Special Envoy of former President Mohamed Nasheed, Ibrahim Hussain Zaki that the previous government would have sought Indian military assistance to protect its economic interests in the Maldives, constitute a “threat to national security”.

In a statement on Friday, the Defence Ministry condemned the remarks “in the harshest terms” and contended that “such actions are very dangerous [threats] to national security and encourage activities that would harm the country’s independence and sovereignty.”

“If we were in the government, definitely we would have done it by now… definitely [asked for] their [Indian forces] to be on the ground,” Zaki was quoted as saying during a recent visit to the country.

The former Secretary General of SAARC reportedly warned India that rising fundamentalism in the Maldives threatened the country’s economic interests.

“Zaki, 67, a former minister in successive Maldivian governments headed by former presidents Maumoon Gayoom and [Mohamed] Nasheed, said he would have called for Indian forces to protect the multi-million-dollar investment by Indian infrastructure firm GMR Group,” Indian media reported on Thursday.

“The attack on GMR contract is an Islamic fundamentalist issue,” Zaki told reporters.

Zaki explained that “many top figures in the Adhaalath Party are educated in Pakistan and draw their philosophy from the hardline Salafist form of Islam.”

“When Islamic fundamentalism takes over the country, if the Lashkar-e-Taiba can take over the country, then I have no choice [but to call in forces from India],” Zaki was quoted as saying, “referring to the Pakistan-based militant group that India blames for the 2008 Mumbai terrorist attack.”

India’s Daily News & Analysis reported Zaki as saying that fundamentalists in the Maldives “have links with terror group Lashkar-e-Toiba” and warned that if Islamic fundamentalism goes unchecked the country could turn into a terror state that threatens Indian security.

Meanwhile, according to the Indian Express, Zaki’s meetings with External Affairs Minister Salman Khurshid, National Security Advisor Shiv Shankar Menon and Foreign Secretary Ranjan Mathai were “a clear signal from New Delhi of its unhappiness with Male’ over its handling of the opposition in that country to the GMR agreement for airport development.”

The Indian Express reported that Zaki received treatment at the Indian Army’s Research and Referral Hospital for injuries sustained during his arrest from an uninhabited island last week on charges of alcohol consumption.

Following his arrest and hospitalisation, former Human Resource Minister and Maldivian Democratic Party (MDP) lawyer Hassan Latheef tweeted that Zaki was “severely beaten by baton and handcuffed for hours”.

Zaki told the Express that he was thrashed with “boots and electric batons” for hours. “There was no space on my body where I was not hit,” he said.

External Affairs Minister Kurshid and his wife were meanwhile “old friends,” Zaki said.

Earlier this month, India’s Business Standard reported that Indian companies operating in the Maldives were expressing concerns over political interference derailing their substantial investments in the country.

“A recent meeting held with the Maldivian Housing Minister [and a joint venture between developers SG18 and Indian super-conglomerate TATA] is said to have ended abruptly with officials from the firm and the Indian High Commission being asked to leave,” the Standard reported.

“Maldivians’ airport to Maldivians”

Waheed with anti-GMR t-shirtThe Adhaalath Party has been at the forefront of a campaign to renationalise the airport dubbed “Maldivians’ airport to Maldivians” led by parties of the ruling coalition.

Remarks by government spokesperson Abbas Adil Riza at a protest rally by the coalition earlier this month, alleging that Indian High Commissioner D M Mulay has been bribed by GMR, triggered a diplomatic incident and saw the government dissociate itself from the comments.

Meanwhile, Adhaalath Party President Sheikh Imran Abdulla said at a press conference last week that there should not be any further discussions or negotiations with the Indian infrastructure giant and reiterated calls for the government to immediately terminate the agreement.

While the head of the religious conservative party had given the government a deadline of six days to “reclaim the airport” at the rally on November 9, the ultimatum was later extended to November 30.

On Thursday, the anti-GMR campaign presented a petition with 35,000 signatures to President Mohamed Waheed Hassan Manik. The petition was handed to Dr Waheed by Sheikh Imran before a meeting at the President’s Office.

Speaking to press following the meeting, State Minister for Home Affairs Abdulla Mohamed said that the President assured the group that the dispute would be resolved in line with “the wishes of the Maldivian people” and that a decision would be made after a cabinet meeting.

With its second ultimatum, the group warned the government that it would have to resort to “direct action” unless the concession agreement was not terminated by November 30.

“Independence and sovereignty”

The press release from the Defence Ministry meanwhile referred to article 67(d) of the constitution, which states that every citizen has a responsibility “to promote the sovereignty, unity, security, integrity and dignity of the Maldives.”

The Defence Ministry appealed to politicians against making remarks that could undermine “national independence and sovereignty” and “issuing threats of confrontation and the use of force.”

The statement also warned that the Defence Ministry would take “necessary legal action against anyone who commits an act that harms the independence and sovereignty of the nation.”

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Special Envoy of the President meets with Japanese officials

Special Envoy of the President, Ibrahim Hussain Zaki, is on an official visit to Japan.

Zaki’s visit is mainly focused on meeting with Japanese officials and discussing bilateral relations between the two countries. He will also be promoting the upcoming Maldives Partnership Forum, or Donor’s Conference, to be held at the end of March.

Zaki met with Japanese State Secretary for Foreign Affairs, Minister of Environment, Director General of International Corporation at the Ministry of Foreign Affairs. Secretary General of Japan-Maldives Parliamentary League and the Japanese Senior Vice Minister of Economy, Trade and Industry.

He also met with officials from the Japanese Democratic Party and Liberal Democratic Party.

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