Nasheed trial “not free or fair,” says Maldivian Democracy Network

Former President Mohamed Nasheed’s ongoing trial on terrorism charges is “not free or fair,” contends NGO Maldivian Democracy Network (MDN), highlighting several irregularities in the hearings at the Criminal Court.

“It is with great desperation that the Maldivian Democracy Network calls upon the higher courts of the Maldives, the Judicial Service Commission, the Human Rights Commission of Maldives, the parliament and the president of the Maldives to acknowledge and restore justice with regard to the trial of former President Mohamed Nasheed,” MDN said in a statement on March 10.

“Furthermore we also call upon the international community, United Nations Special Rapporteur for Judges and Lawyers Gabriela Knaul and United Nations Special Rapporteur for Freedom of Assembly to hold the Maldivian government to account for its continued breach of the constitution, laws and regulations.”

Nasheed is accused of ordering the military to detain Criminal Court Chief Judge Abdulla Mohamed in January 2012. Following international concern and opposition demands to release “political prisoners,” President Abdulla Yameen has said he could not interfere in criminal proceedings as the judiciary was an independent branch of the state under the new constitution.

Irregularities

Listing 11 issues of concern with the trial, the democracy and human rights NGO noted that presiding judges denied Nasheed legal counsel despite repeated requests during the hearing on March 9.

All four of Nasheed’s lawyers had quit in protest of the Criminal Court’s refusal to grant sufficient time to examine the prosecution’s evidence and prepare a defence against new terror charges pressed on February 22.

On February 15, Prosecutor General Muhthaz Muhsin withdrew charges raised against the opposition leader under article 81 of the penal code for illegally detaining a government employee who has not been convicted of a crime. The offence carries a jail term of up to three years.

However, the new charges of “enforced disappearance” filed under anti-terrorism laws carry a jail term or banishment of between 10 to 15 years.

MDN noted that Nasheed’s legal team was given three days for the initial preparation and one day for witness evaluation.

“All attempts by Nasheed’s legal counsel to appeal to the Criminal Court (one appeal) and the High Court (four appeals) have been rejected,” MDN stated.

“Nasheed’s legal counsel was not provided timely meetings with Nasheed in preparation for previous hearings.”

MDN also observed that Judges Abdulla Didi, Abdul Bari Yousuf and Shujau Usman have “engaged in several acts where their integrity has been compromised, such as elaborating and answering for the prosecution and state witnesses during cross examination and open demonstration of animosity towards Nasheed and his legal counsel during hearings.”

State prosecutors have also admitted in court to engaging with witnesses, which MDN argued could be “perceived as witness coaching.”

When Nasheed’s lawyers objected, MDN noted that the presiding judge asked whether it was a problem.

Moreover, the judges blocked and ignored Nasheed lawyers’ attempts to “negate state witnesses” under High Court precedents, MDN said.

The judges also refused to admit or hear defence witnesses, claiming they could not negate the prosecution’s evidence or witness testimony.

Referring to video footage submitted as evidence by the prosecution, MDN noted that two judges presiding over the case were at the scene when Judge Abdulla was taken into military custody.

However, the judges have denied Nasheed’s lawyers’ requests to either recuse themselves from the case or be named defence witnesses.

“The Criminal Court has refused to acknowledge international and local trial observers,” the MDN statement continued.

“The Criminal Court allows six members of the public and 10 media persons to enter the viewing gallery while the same courtroom previously allowed 40 seats for viewing.”

MDN also referred to an incident on Sunday night where Raajje TV journalists were forced to delete footage of PG Muhsin allegedly meeting Judge Bari in a café. The Criminal Court subsequently barred all journalists from the station from observing trials.

MDN stressed that the Maldives was a signatory to the International Covenant of Civil and Political Rights, which obliges the state to afford all citizens a fair trial.

“We call upon the state to make all necessary lawful interventions into these unconstitutional acts and restore law and order in the country,” MDN said.


Related to this story

“This is not a court of law. This is injustice,” Nasheed tells the Criminal Court

Nasheed’s lawyers quit

Nasheed’s lawyers stage no-show citing insufficient time for preparation

State prosecutors influencing witnesses, claim Nasheed’s lawyers

Chief of Defense Forces testifies in Nasheed, Tholhath terrorism trials

Nasheed contests credibility of police and military witnesses in terrorism trial

Judges Didi and Yoosuf refuse to step down from Nasheed’s terrorism trial

Nasheed denies ordering Judge Abdulla arrest, granted three days to answer charges

Former President Nasheed arrives in court with arm in makeshift sling

Nasheed denied right to appoint lawyer and appeal “arbitrary” arrest warrant, contend lawyers

Likes(2)Dislikes(0)

Man armed with knife, hammer breaks into home minister’s apartment building

A man armed with a knife and a hammer broke into the apartment adjacent to Home Minister Umar Naseer’s apartment last night.

Naseer, in a tweet at 7:02am today, stated the man had entered into the apartment next door by breaking a window and fled when a woman living in the apartment screamed, leaving behind a knife and a hammer.

The Maldives Police Services have confirmed a break-in had been reported to the police at around 7:30pm on Wednesday night. Police are treating the break in as a case of attempted robbery. The police have also confiscated the knife and hammer found at the scene for further investigation.

The break-in comes amidst shocking allegations of rifts within President Abdulla Yameen’s cabinet. Recently dismissed Defence Minister Mohamed Nazim last week accused Tourism Minister Ahmed Adeeb of using rogue police officers to plant a pistol and three bullets in his apartment.

Nazim is currently in police custody standing trial for smuggling illegal weapons.

Adeeb had ordered Specialist Operations (SO) police officers to chop down all of Malé City’s Areca palms in October, he alleged. Nazim subsequently lodged a complaint with President Yameen, angering Adeeb, the former defence minister’s lawyers said in court on March 7.

Lawyers told the Criminal Court Adeeb threatened to “destroy” Nazim during a conference call with Naseer. The home minister had informed President Yameen of the threat at the time, he claimed.

Naseer declined to comment on the matter to local media.

Adeeb has hit back at the defence’s claims saying he was “shocked” by the “lies.”

Meanwhile,  MP Ahmed Mahloof requested the People’s Majlis national security committee to investigate President Abdulla Yameen’s July 2014 decision to reduce the home minister’s powers.

Mahloof – recently expelled from ruling Progressive Party of Maldives (PPM) – claimed President Yameen barred the home minister from initiating police investigations after he ordered the police to look into senior government officials using police platoons to commit criminal activities.

Article 16 of the Police Act allows the home minister to command individual police officers of any rank, and gives him powers equal to that of top police officials. However, the same article also states the president may limit these powers.

Newspaper Haveeru claimed that the presidential decision came after Naseer ordered police to investigate criminal accusations against Tourism Minister Ahmed Adeeb.

Speaking on pro-government DhiTV on Tuesday, Naseer said if he could influence an ongoing trial, he would “meddle” in the illegal weapons smuggling charge against Nazim.

But “trials must run their course,” he said, noting President Yameen’s policy was not to interfere in the judiciary.

“I’d like to tell Nazim’s supporters and his family, there are three stages in any trial. It doesn’t end with the Criminal Court,” he said.

He described Nazim as a very close friend and “a national hero” who had made invaluable services to the nation during a time of “immense difficulty.”

“I pray for justice for Nazim,” he said.

Nazim’s lawyer Maumoon Hameed yesterday asked the Criminal Court to summon Naseer as a witness in the illegal weapons trial to prove Adeeb had threatened the former defence minister.

State prosecutors at yesterday’s hearing claimed documents in a pen drive confiscated along with the weapons indicated Nazim was planning to attack President Yameen, Adeeb and Commissioner of Police Hussein Waheed.


Related to this story

Ex-defence minister “plotted to attack” president, police chief, tourism minister

Adeeb framed Nazim after fallout over Malé City’s Areca palms, lawyers claim

President has reduced home minister’s powers, claims Haveeru

Police deny framing Nazim as former Commissioner alleges politicisation

Likes(2)Dislikes(0)

Five minors brought under state care

The Human Rights Commission of the Maldives (HRCM) has brought five siblings under state care.

The five siblings, all minors from Gaaf Dhaal Atoll Nadella Island, were taken in to state custody after their mother failed to provide necessary care and protection, local media have reported.

“The Gender Ministry is also preparing to provide the much needed and necessary healthcare and counseling to the mother of the five children,” HRCM’s statement read.

Newspaper Haveeru said the children were aged between four and 14 years of age, and had been abused by their mother. They were only enrolled in school this year, the paper added.

Likes(1)Dislikes(0)

President appoints new health minister, commissioner general of customs

President Abdulla Yameen has appointed Ahmed Zuhoor as the new minister of health and Abbas Adil Riza as the new commissioner general of customs.

High Court Judge Ali Sameer administered the oath of office for Zuhoor at an appointment ceremony at the President’s Office yesterday.

Zuhoor previously served as the commissioner general of customs. The post of health minister has been vacant since August last year when the pro-government parliamentary majority rejected the reappointment of former Health Minister Dr Mariyam Shakeela.

Prior to his dismissal from the cabinet in January, former Defence Minister Mohamed Nazim served as the acting health minister. Fisheries and Agriculture Minister Dr Mohamed Shainy has been the acting minister since Nazim’s sacking.

Abbas Adil Riza meanwhile took the oath of office at an appointment ceremony at the President’s Office this morning. He previously served as former President Dr Mohamed Waheed’s spokesperson.

Likes(1)Dislikes(0)

Ex-defence minister “plotted to attack” president, police chief, tourism minister

Former Defence Minister Mohamed Nazim plotted to attack President Abdulla Yameen, state prosecutors have claimed.

Revealing confidential plans in a pen drive allegedly confiscated along with a pistol and three bullets from Nazim’s home on January 18, state prosecutors said the retired colonel had also planned to attack Commissioner of Police Hussein Waheed and Tourism Minister Ahmed Adeeb.

The Prosecutor General’s (PG) Office had previously submitted the plans as confidential documents in a weapons smuggling charge against Nazim.

The plans demonstrated Nazim had the “motive and character” to use the pistol and bullets, state prosecutor Adam Arif told the Criminal Court today.

Nazim’s lawyer Maumoon Hameed maintains rogue police officers planted the weapons at the former defence minister’s apartment in a conspiracy engineered by Tourism Minister Adeeb.

Defence lawyers today named President Yameen, Commissioner Waheed, Chief of Defence Forces Major General Ahmed Shiyam, Home Minister Umar Naseer and several senior ranking police and military officers as witnesses.

The Criminal Court adjourned today’s hearing stating the court would decide whether to summon defence witnesses only if they appear to negate the prosecution’s evidence.

Pen drive

 

Following the January 18 weapons find, Nazim was dismissed from his ministerial post. Two weeks later, on February 10, he was arrested on additional charges of terrorism and treason. At the time, the police accused Nazim of plotting a coup and planning to harm senior government officials.

On February 24, at the first hearing of the trial on weapons possession, Arif revealed Nazim’s alleged plot to harm officials was to be financed by Jumhooree Party (JP) Leader Gasim Ibrahim’s Villa Group.

The documents were to be kept confidential, but Arif today revealed further details, alleging a man named Riyaz was also involved in financing Nazim’s alleged plans.

Another individual identified as FA was to secure international assistance from Singapore, Malaysia and Bangkok, while another identified as “Bodu Boalha” [Big Ball] was to import weapons into the country, Arif said.

The documents also contained an escape plan, and listed the state wholesaler State Trading Organisation (STO) as an additional resource.

Nazim’s brother Adam Azim had been STO’s Managing Director up until his dismissal on Tuesday.

The state prosecutor also said the documents revealed that Nazim had engineered December’s water crisis in Malé when a fire at the water plant had left over 150,000 people in the capital without water for two weeks.

Nazim had also attempted to influence three Majlis votes, the prosecution said, which included the no-confidence vote against former Health Minister Dr Mariyam Shakeela, the vote to appoint a new Prosecutor General, and the vote to reduce the Supreme Court bench.

Defence witnesses

 

Nazim has named President Yameen as a witness in order to prove Home Minister Naseer had notified the president of Adeeb’s alleged threat to “destroy” Nazim, defence lawyers said.

On March 7, Hameed claimed Adeeb framed Nazim after the former defence minister alerted Yameen of the tourism minister using SO SWAT officers to commit criminal acts, including the chopping down of all of Malé City’s Areca palms in October last year.

Defence lawyers have also called Superintendent of Police Ahmed Nafiz and former head of police’s intelligence directorate Mohamed ‘MC’ Hameed to prove a complaint was lodged over SO officer’s alleged criminal activities, and that SO officers had engaged in criminal activity.

The defence has also called senior ranking police and military officers to prove:

  • a Special Protection Group Corporal had lost a 9mm Browning pistol at Shangri-La resort in 2014
  • weapons are routinely imported into the Maldives illegally and used illegally
  • police officers did not follow due process in raiding and searching Nazim’s residence
  • police intelligence had not received any information that illegal weapons were smuggled into Malé prior to the raid

The tourism minister has previously said he was “shocked” by the allegations, and dismissed them as lies.


Related to this story

Adeeb framed Nazim after fallout over Malé City’s Areca palms, lawyers claim

Nazim accused of conspiring with Villa group to harm state officials

Ex defense minister’s wife charged with illegal weapons possession

Nazim remains in custody as High Court rejects appeal

Former Defence Minister Nazim remanded for 15 days

Police deny framing Nazim as former Commissioner alleges politicisation

No forensic evidence against Nazim, says legal team

Police raid Defence Minister Nazim’s home in early hours

Likes(2)Dislikes(0)

PPM accuses international community of “double standards and hypocrisy” in Nasheed’s trial

The ruling Progressive Party of Maldives (PPM) has condemned the international community’s “hypocrisy and double standards” with regards to an ongoing terrorism trial against former President Mohamed Nasheed.

Nasheed is accused of abducting Criminal Court Chief Judge Abdulla Mohamed in January 2012. If convicted, he faces a jail term or banishment between ten and 15 years.

Speaking to the press today, MP and PPM Spokesperson Ali Arif said the former president is “close to the international community’s hearts” because he had allegedly “spoken against Islam while abroad.”

The ruling party said “many observers, ‘experts’ and ‘proponents of democratic values’ including many countries and organisations had ignored the many unconstitutional and undemocratic actions of President Nasheed.”

The Commonwealth, EU, Canada, UK, Australia and India have expressed concern over new terror charges against Nasheed, and denial of legal representation and police mistreatment at the trial’s first hearing.

“We wish to ask these observers and organisations whether they really ‘condone the kidnapping of judges.’ Would they call for individuals, and those in positions of authority, to walk free, without any burden of responsibility, after conducting such actions in their own countries?” reads a press statement issued in English.

“Where was the ‘international community’ when the Supreme Court was locked up?” it continued.

The international community had remained “disturbingly silent” when Nasheed “systematically harassed and persecuted” former President Maumoon Abdul Gayoom, “arbitrarily arrested and detained” then MP and current President Abdulla Yameen, Jumhooree Party (JP) Leader Gasim Ibrahim, Adhaalath Party’s Sheikh Imran Abdulla, and current Vice President Dr Mohamed Jameel Ahmed, the statement said.

When Judge Abdulla was detained, “only a few organisations released statements condemning this illegal act,” but today “every minor incident in Maldives warrants a statement by some countries and organisations while many serious and deteriorating situations in other countries are ignored,” it added.

The party called on the international community to respect Maldives sovereignty and not to undermine its institutions.

PPM also accused the opposition Maldivian Democratic Party (MDP) and media of defaming President Yameen and former President Gayoom to “undermine the good name and respect the Maldives holds in the region and the international arena.”

Stressing the PPM remained committed to strengthening and consolidating democracy in the Maldives and protecting human rights, the party said it believed “justice should take its course and no man is above the law.”

The ruling party invited all international parties to come forward and observe the “actual situation” in the Maldives, “which despite distortions of facts perpetuated by some media remain calm and normal.”

Meanwhile, the MDP continues to hold daily protests, with MDP MPs disrupting parliamentary proceedings, while party supporters continue numerous protests in Malé, at the airport and at sea.

Police previously informed Minivan News over 77 individuals have been arrested at opposition protests, with 33 of them being released on condition that they do not go to further protests.

Recently, an open letter signed by 31 global activists and film makers, including Nobel Peace Prize Laureate Jose Ramos-Horta, called on the international community to use all resources to “pressure the government to free” Nasheed and “desist in all human rights abuses against him immediately.”

Ramos-Horta and Benedict Rodgers, the deputy chairman of the Conservative Party Human Rights Commission in the UK, in a Wall Street Journal op-ed on March 9 called for international sanctions against the Maldives.

“Options include targeted sanctions, freezing the overseas assets of senior members of the regime and suspending the Maldives from the Commonwealth. Tourists should consider boycotting the Maldives, especially resorts owned by regime cronies,” they wrote.

Australian Senator James McGrath has also described the trial against Nasheed as a “state planned judicial assassination,” saying that President Abdulla Yameen was becoming the “Robert Mugabe of the Indian Ocean.”

Foreign Minister Dunya Maumoon has previously condemned international statements of concern, saying: “No foreign power can tell Maldives what to do under President [Abdulla] Yameen.”

“To criticize us in public statements with lies or based with having only heard the opposition’s point of view is not acceptable. The government will not accept these statements and will not pay any attention to them,” Dunya said.


Related to this story

“This is not a court of law. This is injustice,” Nasheed tells the Criminal Court

Global change makers demand a fair trial for Nasheed

Indian Prime Minister Modi cancels Maldives trip

EU, UN join international chorus of concern over Nasheed’s arrest, terrorism trial

Foreign Minister Dunya slams Canada, Commonwealth statements on Nasheed prosecution

10,000 protest in Malé, call for President Yameen’s resignation

Likes(4)Dislikes(0)

Parliament accepts amendments for regulating division of assets after divorce

Parliament today accepted for consideration amendments to the Family Act submitted on behalf of the government by Progressive Party of Maldives (PPM) MP Abdul Latheef Mohamed for regulating division of assets after divorce.

The bill was accepted with 41 votes in favour, four against, and sent to the Social Affairs Committee for further review.

Preliminary debate and voting on the bill took place amidst protests by the opposition Maldivian Democratic Party (MDP) MPs, who have been protesting at every sitting of the People’s Majlis since the arrest and prosecution of former President Mohamed Nasheed on terrorism charges.

Continuing the protests into the seventh consecutive sitting today, MDP MPs blew on whistles and used a megaphone to call for President Abdulla Yameen’s resignation.

Parliament has ceased providing live feed to television stations since the protests began.

Equitable distribution

The amendments (Dhivehi) meanwhile state that a court would decide upon the equitable distribution of marital property in divorce cases.

The court should consider the extent of both the work done as well as expenses made individually by the husband and wife for earning the couple’s money or assets.

Moreover, the court should take into account any debts incurred during the marriage as well as the needs of any children under 18 years of age.

The revisions also state that the court could order the ex-husband to pay child support and provide financial support to his ex-wife.

In his presidential address at the opening of parliament earlier this month, President Yameen said the legislation would protect women’s rights in divorce cases as pledged during the presidential campaign.

The PPM pledged in its manifesto to ensure that women get their fair share of common property after divorce.

Meanwhile, during Monday’s sitting, parliament accepted for consideration government-sponsored legislation on establishing the ‘Maldives Islamic University.’

The bill was accepted unanimously with 55 votes in favour following a preliminary debate, during which nine MPs spoke.

The draft legislation was forwarded to the National Development Committee for further review. The committee’s chairman, Ibrahim Shujau, told the press after the sitting that the legislation would be reviewed and sent back to the floor for a vote within a week.

The PPM MP for Baarah said the bill would be passed into law by the end of the month, noting that establishing an Islamic University was an important pledge of President Abdulla Yameen.

Once ratified, the existing Islamic College or Kulliyah would be renamed the Islamic University of Maldives.


Related to this story

Opposition MPs continue Majlis protests

President Yameen delivers presidential address amidst opposition protests

President Yameen should apologise for thumbs down gesture, says MDP chairperson

10,000 protest in Malé, call for President Yameen’s resignation

Police arrest former President Mohamed Nasheed ahead of terrorism trial

Likes(1)Dislikes(0)

Police arrest seven from MDP protest at sea

Police arrested seven people from an opposition Maldivian Democratic Party (MDP) protest at sea yesterday on allegations that demonstrators attempted to illegally disembark on Dhoonidhoo Island.

Former President Mohamed Nasheed is being held at the Dhoonidhoo detention centre pending the outcome of a trial of charges of terrorism for the military’s detention of Criminal Court Chief Judge Abdulla Mohamed.

According to local media, police officers intercepted and boarded the vessel – which was decked in yellow flags and megaphones – near Dhoonidhoo around 5:00pm and conducted safety inspections. Police reportedly claimed mandatory medicine was missing from the boat’s first aid kit and that the pressure gauge of the fire extinguishers were too low.

All seven have now been released today.

Meanwhile former MDP MP Ibrahim Rasheed ‘Bondaa’ and MDP Women’s Wing Vice President Shaneez ‘Thanie’ Saeed were arrested from protests near Seagull café last night.

Former MDP President Dr Ibrahim Didi was released from police custody yesterday on the condition that he not participate in protests for 30 days. Didi was arrested on the night of February 27 during opposition protests in front of the city council.

Likes(1)Dislikes(0)

Amin Construction launches Hulhumalé apartment complex project

Amin Construction Pvt Ltd has officially launched a project for the construction of a residential apartment complex in Hulhumalé, reports local media.

Tourism Minister Ahmed Adeeb inaugurated the project at a ceremony last night. Housing Minister Dr Mohamed Muiz and other senior governments were also in attendance.

The ‘Amin Avenue’ complex would comprise of three 14-storey towers with a total of 261 apartments, explained Amin Construction Manager Ibrahim Nihad, with units falling into basic, luxury and penthouse categories.

The housing project – Amin Construction’s first real estate venture – would be the largest undertaken in Hulhumalé by a private company so far.

The price of a two-bedroom apartment – with an additional maids room – in the basic category would be MVR2.1 million, Nihad said, whilst the price of a four-bedroom luxury apartment would be MVR3.7 million.

The price of the four-bedroom penthouse apartments would be MVR6.5 million. An arrangement has been made with the Housing Development Finance Corporation (HDFC) to issue loans for potential buyers, Nihad said.

Speaking at the ceremony, Tourism Minister Ahmed Adeeb reportedly said the government plans to establish a real estate department at the housing ministry.

Adeeb – also co-chair of the cabinet’s economic council – pledged that the department would ensure that new homeowners would receive title deeds within 48 hours of purchase.

Housing Minister Dr Muiz meanwhile launched the Amin Avenue official website.

Likes(1)Dislikes(0)