Criminal Court bars ex-defence minister from calling witnesses

The Criminal Court today admitted only two of the 37 defence witnesses requested in former Defence Minister Mohamed Nazim’s weapons possession trial.

Nazim has previously claimed rogue police officers planted a pistol and three bullets found at his apartment during a midnight raid, but the Criminal Court refused to allow the retired colonel to present witnesses, stating they do not appear to negate the prosecution’s charge.

Defence lawyer Ibrahim Shameel pointed to a 2011 Supreme Court precedent in which the apex court said judges had no authority to refuse to hear witnesses.

In reply, presiding Judge Abdul Bari Yoosuf said: “We know what that verdict says. [But] this court has made a decision.”

State prosecutors and defence lawyers are to present concluding statements at the next hearing on Wednesday. Afterwards, the three-judge panel could issue a verdict at their discretion.

The three judges overseeing Nazim’s case, Judge Yoosuf, Judge Abdulla Didi and Judge Sujau Usman, had convicted former President Mohamed Nasheed of terrorism on March 13 and sentenced him to 13 years in jail over the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The UN High Commissioner for Human Rights, Zeid Ra’ad Al Hussein and UN Special Rapporteur on Independent of Judges and Lawyers Gabriela Knaul last week called Nasheed’s sentence unfair, contending the Criminal Court’s refusal to call defence witnesses contravened international fair trial standards.

The Criminal Court tonight also refused to allow Nazim to leave the country for urgent medical treatment, noting doctors had said he could attend court hearings despite his condition.

Lawyer Maumoon Hameed in court last week said Nazim’s condition was life-threatening. The former defence minister was subsequently transferred from the Dhoonidhoo Remand Center to house arrest on the doctor’s recommendation.

SWAT officers “gone rogue”

At today’s hearing, the Criminal Court called Superintendent of Police Abdulla Satheeh and Assistant Commissioner of Police Hussein Adam to the witness stand.

Although judges summoned Chief Superintendent of Police Abdul Mannan Yoosuf, they refused to allow the defence team to ask questions over a possible setup against Nazim.

Meanwhile, Adam, who current heads the police’s Internal Security Command and commands the Specialist Operations (SO) officers, told the Criminal Court that Deputy Commissioner of Police Hassan Habeeb asked him to alert the SO’s SWAT team for a major operation, four days before the raid.

Satheeh, who was the chief investigative officer in Nazim’s case, confirmed the raid was carried out under Habeeb’s commands, and said it was the deputy commissioner who had decided not to arrest Nazim at the scene despite the discovery of dangerous weapons.

Satheeh also corroborated testimony by several anonymous police officers last week that the search team had entered Nazim’s apartment after SWAT officers secured the premises.

Nazim’s lawyers previously claimed SWAT officers, after breaking down Nazim’s door and herding his family inside the living room, spent ten minutes inside the then-defence minister’s bedroom unsupervised before the search began.

Adam noted the police would normally request the Maldives National Defense Force (MNDF) to secure premises before a raid to confiscate illegal weapons and explosive devices.

He also said he was unaware the police were raiding Nazim’s home until the next day, and he had raised the issue with the Police Commissioner Hussein Waheed afterwards. But the police chief said some operations must be kept secret, Adam said.

Satheeh, who also heads the police’s Serious and Organized Crime Unit, said he did not notice police having acted against laws and regulations during the investigation.

The search warrant was obtained after police received information from a credible source, Satheeh said. The information did not come through the police’s intelligence directorate, he said, but the police acted on the information because of the reliability of the source.

State prosecutors in court previously said confidential documents on a pen drive confiscated along with the pistol and three bullets indicated Nazim was plotting to attack President Abdulla Yameen, Tourism Minister Adeeb and Waheed, with the financial backing of opposition Jumhooree Party Leader Gasim Ibrahim’s Villa Group.

But Nazim said the SWAT officers framed him on Adeeb’s orders following a fall-out over his complaint with President Yameen regarding Adeeb’s alleged use of the SWAT team to commit crimes, including the chopping down of all of Malé City’s areca palms.

Police have previously dismissed allegations of framing as “untrue” and “baseless.” Adeeb has also said he was “shocked” by the defence team’s “lies.”

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Gasim “economically paralysed,” says JP Deputy Leader

The current government has “economically paralysed” Jumhooree Party (JP) Leader Gasim Ibrahim, its Deputy Leader Ameen Ibrahim has said.

“Even though Gasim has not been put behind prison bars, the government has economically paralysed him,” Ameen said at a press conference of the opposition’s newly formed “Maldivians against brutality” alliance today.

Gasim could not actively participate in opposition activities as the government has “cornered” the tycoon by targeting his businesses, Ameen said.

While the opposition Maldivian Democratic Party (MDP) accepted the Adhaalath Party’s (AP) invitation to form a united front against the government, the JP’s national council is yet to decide whether the party will join the new alliance.

However, Ameen and several other senior JP members have been working with the alliance, claiming their participation was in an “individual capacity.”

Speaking at a press conference yesterday, AP President Sheikh Imran Abdulla accused the government of planning to seize all of Gasim’s assets and making sure he was “unable to move his hands or legs” in his defence.

Meanwhile, in an appearance on Gasim’s Villa TV, MDP Vice President Mohamed on Saturday said Maldivians should not wait and watch while the government destroyed Gasim’s Villa Group.

On March 1, the Maldives Inland Revenue Authority (MIRA) gave a 30-day notice to Villa Group to pay US$100 million allegedly owed as unpaid rent and fines.

Moreover, in February, the tourism ministry seized several islands and lagoons leased to Villa Group as part of an out-of-court settlement.

MDP-JP alliance

After officially leaving the ruling coalition in January, the JP formed an alliance with the MDP in January and launched nightly protests on February 10 against what they alleged were repeated violations of the constitution by President Abdulla Yameen’s administration.

Gasim himself and other JP leaders took part in the protests, which culminated in a mass rally on February 27.

Following former President Mohamed Nasheed’s arrest on February 22 ahead of a surprise terrorism trial, Gasim called on the Prosecutor General to withdraw the “politically motivated charges” and vowed to continue protests.

However, after failing to return from a trip to Sri Lanka to attend the February 27 protest march, Gasim has not appeared in opposition protests. He has also not made any public statements since a meeting with Home Minister Umar Naseer on March 5.

Villa Group is one of the largest companies in the Maldives with the holding company Villa Shipping and Trading Pvt Ltd conglomerate operating businesses in shipping, import and export, retail, tourism, fishing, media, communications, transport, and education.

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Maldives human rights watchdog under siege

The Human Rights Commission of the Maldives (HRCM) has slammed the judiciary for compromising its independence, describing the Supreme Court’s suo moto proceedings over a submission to the UN Human Rights Council as the biggest challenge the watchdog has faced in its 11-year history.

In its 2014 annual report, the independent commission noted the Supreme Court and the Juvenile Court accused the HRCM of making false allegations in the Universal Periodic Review and a confidential report into a 15-year-old rape victim’s flogging sentence.

The Supreme Court and Juvenile Court’s charges affected the commission’s independence and ability to carry out its mandate, the report said.

The controversial suo moto regulations allow the Supreme Court to initiate proceedings, prosecute and pass judgment. The first case of its kind, in March 2014, saw the apex court sack the Elections Commission’s President and Vice President for contempt of court.

Jumhooree Party (JP) MP Ali Hussein said the judiciary’s “harassment of HRCM” was an indication of the “extraordinary levels of judicial activism in the country.”

“The judiciary is acting outside its boundaries, it is annulling laws, making laws, dismissing members of the independent commissions. The judiciary needs to be restrained immediately. But there is no way to hold them accountable.”

Judges must be educated and sensitised to human rights, fundamental norms and best practices in a democratic society, he continued.

However, lamenting President Abdulla Yameen’s decision to appoint disgraced Supreme Court Judge Ali Hameed to the judicial watchdog Judicial Services Commission (JSC), Ali said judicial reform was only possible through a long hard people’s struggle.

Hameed was implicated in a series of sex tapes involving foreign women, but the police have closed the investigation citing non-cooperation from the judge, according to media reports. The JSC subsequently refused to take action against Hameed.

Meanwhile, parliamentary group leader of the ruling Progressive Party of the Maldives (PPM), Ahmed Nihan, said the People’s Majlis must play a key role in mediating the conflict between the HRCM and the judiciary to ensure the commission’s independence.

The majority leader described the dispute as “a teething trouble in a nascent democracy,” and said the HRCM must continue to exist as “a pillar of multi-party democracy.”

The opposition Maldivian Democratic Party (MDP) agreed the responsibility for ensuring HRCM’s independence rested with parliament, but said the PPM-dominated Majlis had no regard for the independence of the state’s watchdog bodies.

MDP MP Eva Abdulla also accused ruling party MPs of harassing human rights commissioners through the parliament.

The five members of the HRCM were summoned separately to the Majlis last week and questioned in a closed-door meeting regarding the commission’s statement condemning the Criminal Court’s 13-year sentence on former President Mohamed Nasheed.

The HRCM on March 14 expressed concern over apparent lack of due process in the opposition leader’s trial, and said the Criminal Court had failed to respond to a request to monitor court proceedings.

Eva also noted increasing threats against the HRCM, most recently that of a group of angry men on February 24 entered the commission’s officers and threatened to harm the five commissioners following a statement condemning the police’s mistreatment of Nasheed ahead of a hearing on February 23.

HRCM Vice President Ahmed Tholal meanwhile received threatening calls and messages after the police claimed he had called them “baagee” or traitor on February 22. The police have since withdrawn the claim.

The Supreme Court’s suo moto case is still pending “like a sword hanging over the HRCM,” Eva said.

The MP for Galholhu North also concurred with JP’s Ali Hussein, stating the judiciary should be held answerable through the JSC.

“We must end this judicial dictatorship. Within the People’s Majlis we must ensure the JSC fulfills its mandate. And above all, appoint qualified judges to the judiciary,” she said.

The HRCM in its report said the judiciary faced the most number of challenges in protecting human rights in 2014. The commission also expressed concern over the sudden dismissal of Chief Justice Ahmed Faiz and Justice Muthasim Adnan in December.

 

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Three arrested with ten machetes in Malé

Police arrested three young men and confiscated ten machetes at 3:45am in Malé City’s Henveiru Ward last night.

According to a police statement, Specialist Operations (SO) Officers patrolling the area stopped the young men when they noticed suspicious behavior. The machetes were found nearby.

The three young men included two 19-year-olds and a 15-year-old minor.

The two 19-year-olds had been stopped and searched on numerous occasions previously, the police said.

Street violence is common amongst Malé City’s numerous gangs. On Sunday, a 25-year-old Bangladeshi worker was stabbed to death in the early hours of the morning in Mafaannu Ward.

On February 22, a 24-year-old was stabbed to death outside his home in Malé.

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Ex-defence minister’s brother urges police to disobey police chief

Former Defence Minister Mohamed Nazim’s brother last night called on Maldives Police Services to disobey unlawful orders issued by Commissioner of Police Hussein Waheed.

Speaking at the opposition Maldivian Democratic Party’s (MDP) nightly demonstrations, Adam Azim suggested Waheed was responsible for ordering brutality and unlawful actions against the public, and said individual police officers would ultimately pay the price.

“I am advising the Maldives Police Services, your leaders will make you do wrong. Areca palms will be cut. They will make you raid people’s homes. They will make you arrest people unlawfully. They will force you to be brutal towards your own people. Then Hussain Waheed and his associates will run off and hide,” he said at a first appearance at an opposition protest.

Nazim is currently under house arrest, standing trial for smuggling illegal weapons. The former defence minister claims the pistol and three bullets police discovered at his home during the January 18 raid were planted by Specialist Operations (SO) officers on the orders of Tourism Minister Ahmed Adeeb.

The retired colonel was subsequently dismissed, and arrested on February 10 on additional charges of terrorism and treason. Azim, who was the Managing Director of State Trading Organization (STO), was also dismissed from his position on March 9.

Nazim said Adeeb had engineered the setup after he spoke out against police SWAT officers chopping down all of Malé City’s areca palms in October. The tourism minister has since dismissed the allegations.

State prosecutors in court last week said documents on a pen drive confiscated along with the weapons suggested Nazim was plotting to harm President Abdulla Yameen, Waheed and Adeeb with the financial backing of opposition Jumhooree Party (JP) Leader Gasim Ibrahim’s Villa Group and STO.

The MDP and former ruling coalition partner JP formed an alliance “in defence of the Constitution” at the same time as the police raid on Nazim’s home. Since the former defence minister’s arrest on February 10, the opposition has held nightly demonstrations.

MDP leader and former President Mohamed Nasheed was arrested on February 22, swiftly brought to trial on terrorism charges and sentenced to jail on March 13. Azim first appeared at an opposition rally on Thursday night, where he praised Nasheed, and called on the government to release all “political prisoners.”

Speaking last night to a crowd of hundreds outside the Maldives National Defence Force’s (MNDF) Kalhuthukkala Koshi (KK), Azim urged security forces to be cautious in following their superior’s orders, stating: “We know a lot of things that Hussein Waheed is responsible for.”

Azim last night also warned Waheed he would be penalised for his role in allegedly framing Nazim.

“You do not have much protection either. There will come a day when you lose your position. We will make sure of it,” he said.

“When you have status, honour and power what you are supposed to do is serve for the people with honour, pride and respect. Not brutalising your people!” he added.

Following Nazim’s arrest and trial, several key regime supporters – including MP Ahmed Mahloof and Adhaalath Party President Sheikh Imran Abdulla – have joined the opposition under the banner “Maldivians against brutality.” Defectors have accused Adeeb of corruption, links with organised crime and gangs, and intimidation of political rivals.

Mahloof at an opposition rally on Thursday night said Adeeb bought a US$80,000 BMW and$100,000 ring for the first lady on her birthday, which he said demonstrated President Yameen encouraged embezzlement of state funds.

Adeeb, at a press conference yesterday, hit back saying Mahloof was being paid to make false allegations. The MP had also failed to pay back loans borrowed from close business associates, the tourism minister alleged.

Nazim’s family, meanwhile, requested the former defence minister be flown abroad for urgent medical care. At a hearing on Thursday, lawyer Maumoon Hameed said Nazim had a life threatening medical condition.

He was recently transferred from police custody at the Dhoonidhoo Island detention centre to house arrest for health reasons.

The former defence minister played a key role in MDP leader and former President Mohamed Nasheed’s resignation half-way through his term on February 7, 2012.

Photo by @adamadeem on Twitter 

 

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MP Fayyaz Ismail released

MP Fayyaz Ismail was released last night by the Criminal Court after having been arrested during a protest on March 6.

Most opposition supporters arrested during the protests, including members from the Maldivian Democratic Party’s (MDP) leadership, had been released earlier on the condition they do not participate in protests for a period of 60 days.

But Fayyaz refused the condition, telling the Criminal Court that the judiciary could not obstruct a right enshrined in the Constitution. The Criminal Court then remanded him for a further 15 days.

According to local media, Fayyaz was taken back to Dhoonidhoo detention center yesterday, though police claimed it was only to pick up some of his belongings.

“The court ordered him to be released. At that point, they cannot take him back to the Dhoonidhoo, even to pick up his belongings. They should not be allowed to act like this,” said MDP Spokesman Imthiyaz Fahmy.

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US$40,000 stolen from Ocean Travels’ office

Over US$40,000 (MVR616, 800) was stolen during a break-in at the offices of Ocean Travels, at the State Trading Organisation trade centre on Thursday night (March 19).

The robbery was reported on Friday night. No arrests have been made yet, the police said.

“They found out their safe was broken into when they opened the office,” said police.

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Deputy Gender Minister resigns over “unacceptable” direction of the government

Deputy Minister for Law and Gender Sidhatha Shareef has resigned, saying she could no longer defend the government’s policies.

The Adhaalath Party member announced her resignation at the party’s offices today (March 22), declaring her support for the opposition alliance’s campaign against brutality and injustice.

“The direction this government is taking leads towards a lot of problems. Since I have worked towards justice and the empowerment of human rights for such a long time, I am unable to accept what is going on now,” said Sidhatha.

Adhaalath Party leaders last week formed an alliance with the opposition Maldivian Democratic Party to bring an end to “the brutality of President Yameen’s regime”.

Speaking at the alliance’s first rally last weekend, AP President Sheikh Imran Abdulla said the current government’s corruption included the jailing of the former President Mohamed Nasheed after an “unfair” trial, the “framing” of former Defence Minister Mohamed Nazim, the targeting of Jumhooree Party Leader Gasim Ibrahim’s businesses, and the “unconstitutional” removal of former Auditor General Niyaz Ibrahim and former Chief Justice Ahmed Faiz Hussain.

 

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Government targeting Gasim unfairly, says MDP Vice President

The Maldivian Democratic Party (MDP) Vice President Mohamed Shifaz told VTV last night that Maldivians should not wait and watch while the government targeted the Jumhooree Party (JP) leader Gasim Ibrahim’s businesses.

Shifaz said that Gasim had contributed greatly to the nation and that he was diligent when it came to paying required taxes to the state.

“If we ignore these things today, there would not be a country tomorrow and the citizens would have nowhere to go and no one to turn to for help,” he told the station, owned by Gasim’s Villa Group.

The Maldives Inland Revenue Authority (MIRA) on March 1 ordered Gasim’s Villa Group to pay pay the state US$100 million within 30 days.

Gasim is currently contesting MIRA’s order. The government said Villa owed the state money in rent and fines for several islands and lagoons leased to the company.

Also speaking on VTV yesterday, the JP’s legal secretary, Imad Solih, said that Gasim had received the ‘Ran Laari’ award in 2014, given in recognition of those who pay the highest amount in taxes to the state.

“A single opinion causes the entire degradation of an airport and a simple political stand results in the seizing of assets. Is this justice and equality?” asked Imad.

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