Canada appalled by guilty verdict for Nasheed

Canada is appalled by the Maldives’ prosecution of former President Mohamed Nasheed on terrorism charges, Parliamentary Secretary Deepak Obhrai has said in a statement on Wednesday.

“This verdict goes against the core principles of the Commonwealth, and Canada will continue to call on Maldives to reaffirm its commitment to democracy, human rights and the rule of law,” the Parliamentary Secretary to the Minister of Foreign Affairs for International Human Rights said.

Nasheed was convicted of terrorism and sentenced to 13 years in jail over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in 2012.

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein and UN Special Rapporteur for Independence of Judges and Lawyers Gabriela Knaul last week condemned the apparent lack of due process in Nasheed’s trial.

The rushed trial was marred with several irregularities, including the Criminal Court’s refusal to call defence witnesses, grant Nasheed adequate time to prepare defence and appoint new legal representation when his lawyers resigned half-way through the trial.

“The manner in which the trial was conducted infringes basic and fundamental concepts of due process. The result brings Maldives’ justice system into disrepute and is symptomatic of backsliding in Maldives’ commitment to domestic and international human rights obligations and democratic principles, which is causing growing tensions in the country,” Obhrai said.

President Abdulla Yameen on March 15 called on all parties to respect the Criminal Court’s verdict against Nasheed.

“The government calls on its international partners to engage constructively, based on mutual respect and dialogue in consolidating and strengthening democratic values and institutions in the country,” read the brief statement.

On February 24, Foreign Minister Dunya Maumoon blasted a February 23 Canadian statement expressing concern over Nasheed’s arrest ahead of the surprise trial.

At the time, Canadian Foreign Minister Rob Nicholson said “the brutal and unjustified treatment of the former president call into question Maldives’ commitment to due process and democratic principles.

Dunya dismissed Nicholson’s statement as “blatantly untrue,” adding: “I don’t think they know what actually is happening here.”

 

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Nasheed’s wife seeks India’s help in assuring opposition leader’s safety

Former President Mohamed Nasheed’s wife Laila Ali has urged Indian Prime Minister Narendra Modi to free her husband from jail and assure his safety.

“I fear for his life in prison. This week I got some information from close friends that people in the cabinet as well as some retired and serving armed forces personnel are plotting to kill him in jail and make it look like he committed suicide,” she told India’s Economic Times today.

The opposition leader was sentenced to 13 years in jail on March 13 over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in 2012.

He is being kept at Dhoonidhoo Island Remand Center until a special “prison apartment” is built in Maafushi jail, Home Minister Umar Naseer has said.

The former First Lady called Nasheed’s trial a “total sham” and requested India to intervene to restore the rule of law in the Maldives.

“I do not know what it will take PM Modi to do it but my wish is that India helps in ensuring that my husband is freed unconditionally and that representative democracy is restored. How India does it is for the PM to decide,” she said.

Laila told local media on Thursday she had written to President Abdulla Yameen and former President Maumoon Abdul Gayoom as well as the home minister and police commissioner seeking assurances of Nasheed’s safety.

“In my letter, I expressed my grave concern and told them my husband is in your care. You must give me assurance, in writing or by your actions, that he would not come under any physical or psychological harm.”

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State concludes witness testimony in former Defence Minister Nazim’s trial

Three anonymised police officers provided testimony with serious contradictions last week in former Defence Minister Mohamed Nazim’s trial on weapons possession charges.

The three officers were part of a search team during the controversial midnight raid on Nazim’s house on January 18. Their testimony indicated the Maldives Police Services did not follow stringent police regulations in conducting the search.

The search team did not videotape the raid as required, and provided conflicting testimony on whether mandatory photographs were taken. One witness said photos were only taken of the illegal weapons, while a second witness said photographs were taken from the moment the raid began.

Nazim — accused of smuggling illegal weapons — maintains he was framed by rogue SWAT police officers on the orders of Tourism Minister Ahmed Adeeb.

The three officers said they entered Nazim’s apartment after masked SWAT officers broke down the then-defence minister’s door. Nazim’s wife and two daughters were inside the apartment’s living room with the officers at the time, they said.

Police claimed to have discovered three bullets and a pistol in a black bag in a bedside drawer during the raid. Nazim was subsequently dismissed and arrested on additional charges of treason and terrorism.

If convicted of smuggling weapons, the retired colonel faces a jail term between ten and 15 years.

State prosecutors have now concluded summoning witnesses. A total of six individuals testified in four hearings last week. They included five police officers and one Maldives National Defence Force (MNDF) officer.

The defence is to call witnesses at the next hearing on Sunday.

Police procedures

The Criminal Court held four hearings on March 17, 18 and 19. Nazim’s defence team questioned the three anonymised police witnesses on procedures followed during raid, search and chain of custody in evidence.

At the March 17 hearing, the chief Investigative Officer (IO) said he had sought a court warrant to search Nazim’s apartment building, Galholhu Enif, on his superior’s orders.

Intelligence information indicated weapons were kept either on the seventh or eighth floor, he said via telephone. The search team entered Nazim’s apartment ten to 15 minutes after SWAT officers entered the apartment and secured the premises, he said.

The police team searched Nazim’s bedroom first, in his presence, when the weapons were discovered, he said. Police officers searched all of Nazim’s apartment and a second apartment on the eighth floor, but did not search the seventh floor, he said.

The IO said Nazim had fully cooperated with the search. The police did not keep a record of observations in a special notebook or issue a list of items confiscated from the former defence minister’s home as per regulations, the cross-examination revealed.

One anonymised witness on March 18 said the search team did not check the ceiling, while the second said the team brought in a chair to check the ceiling and cupboards.

The legal team had previously claimed that the items found at Nazim’s house were planted by the police, saying that officers spent ten minutes inside Nazim’s bedroom unsupervised before the search began. Police have called the claims “untrue” and “baseless”.

On March 19, state prosecutors summoned Sub Inspector Ameen Abdul Gayoom regarding a forensic digital analysis report of a pen drive confiscated from Nazim’s apartment along with the weapons. The state has previously said documents on the pen drive indicate Nazim was plotting to harm President Abdulla Yameen, Commissioner of Police Hussein Waheed and Tourism Minister Ahmed Adeeb.

Journalists and observers were barred from the defence’s cross-examination of Gayoom due to the confidential nature of the documents on the pen drive.

Prosecutors then summoned MNDF First Lieutenant Mohamed Nazeem to prove the pistol and bullets were functioning. Nazeem said the a weapons expert had fired the pistol in his presence, but they had not tested the bullets. However, a visual inspection shows the bullets were not dummy rounds, he said.

Defence lawyers have 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 to prove charges were fabricated in a conspiracy engineered by Adeeb.

The Criminal Court said the court would summon defence witnesses only if they appear to negate the prosecution’s evidence.

On March 7, lawyer Maumoon Hameed claimed Adeeb framed Nazim after the former defence minister alerted President 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.

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

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

The MNDF promptly dismissed allegations of missing weapons.

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Young man stabbed to death in Mundoo

A 29-year-old man was stabbed to death on Laamu Atoll Mundoo Island on Friday night.

According to local media, Ali Ziyadham was stabbed in his arms, thighs, back and neck. He was dead when he was brought to the Mundoo Health Center at 11:10pm.

“Currently, we have one suspect under arrest, we are working on finding others associated with the incident,” the Maldives Police Services said in a statement today.

Ziyadham has a criminal record of drug abuse and theft, the police said.

Mundoo residents told local media Ziyadham was murdered in a dispute over the distribution of moonshine.

 

 

 

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Child abuse suspect arrested in Fuvahmulah

A 37-year-old man has been arrested from Fuvahmulah Island on suspicion of child abuse on Friday.

According to the Maldives Police Services, an arrest warrant was issued after the Family and Child Protection Services Unit on Fuvahmulah reported a case of sexual abuse of a child.

“Since cases of child abuse are increasing, we advise all parents and guardians to pay special attention and protect innocent children from such harm. We also suggest that, even if you suspect anyone of such acts of harm, to do everything you can to protect the child and report it to the authorities,” the police urged.

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Nasheed’s terrorism trial “a mockery” of Constitution, verdict “may have been pre-determined,” says Knaul

Former President Mohamed Nasheed’s terrorism trial “made a mockery” of the Maldives Constitution, and violated the country’s international human rights obligations, the UN special rapporteur on independence of judges and lawyers has said.

In a damning statement issued on Thursday, Gabriela Knaul highlighted several irregularities in the opposition leader’s rushed trial, and said: “The speed of the proceedings combined with the lack of fairness in the procedures lead me to believe the outcome of the trial may have been pre-determined.”

Nasheed was sentenced to 13 years in jail on March 13 after the Criminal Court found him guilty of “forcefully abducting” Criminal Court Chief Judge Abdulla Mohamed in January 2012.

The surprise trial began one day after Nasheed was arrested on February 22, and was completed in just 11 short hearings over 19 days.

“The series of due process violations that were reported to me since Mr. Nasheed’s arrest on 22 February is simply unacceptable in any democratic society,” Knaul said.

Warning of a “seriously deteriorating situation in the independence of the justice system,” the expert urged the Maldives to guarantee that Nasheed’s appeal would respect the most stringent fair trial and due processes.

The Maldivian authorities must allow the public, including international observers who were arbitrarily denied access to the Criminal Court, to attend appeal hearings, she said.

Nasheed’s lawyers, however, have already raised concern over alleged attempts by the Criminal Court to block the former president from launching an appeal.

With one week having passed since the verdict was issued, the Criminal Court failed to release any relevant trial documents until yesterday (March 19), which lawyers say are necessary for Nasheed to meet the ten day appeal deadline provided in new regulations enacted by the Supreme Court.

Selective justice

The Maldives’ decision to try Nasheed on terrorism, while his predecessor Maumoon Abdul Gayoom has not had to answer for any of the serious human rights violations documented during his term is “troubling for a country whose constitution enshrines the independence and impartiality of the justice system as a prerequisite for democracy and the rule of law,” Knaul also said.

She urged the Maldives to consider the recommendations she had put forth in a 2013 report, including revising the composition of the judicial watchdog body the Judicial Services Commission, proper investigation of judges’ misconduct, enforcing the judges’ code of conduct and increasing the judiciary’s financial and human resources.

“The delicate issue of accountability for past human rights violations also needs to be addressed,” she noted at the time.

Meanwhile, the UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on Wednesday raised similar concerns as Knaul over Nasheed’s trial, including the Criminal Court having denied Nasheed adequate time to prepare defence and a refusal to call defence witnesses.

The experts have also expressed concern over the Criminal Court’s decision not to wait until Nasheed sought new legal representation when his lawyers resigned half-way through the trial.

Prosecutor General Muhthaz Muhsin and two judges of the three-member bench providing witness statements during a 2012 investigation into Judge Abdulla’s arrest amounted to conflict of interest, both Knaul and Zeid have said

“Clearly no one should be above the law, and the trial of a former Head of State would be a major challenge for any government. But in a polarised context, and given the long-standing serious concerns about the independence and politicisation of the judiciary in the Maldives, this case should have been handled with much greater care and transparency,” Zeid said on Wednesday.


Related to this story:

UN human rights chief expresses strong concern over “hasty and apparently unfair” Nasheed trial

Former President Nasheed found guilty of terrorism, sentenced to 13 years in prison

US, EU, and UK concerned over lack of due process in Nasheed trial

Respect Criminal Court verdict, says President Yameen

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A justice system in crisis: UN Special Rapporteur’s report

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Nasheed’s lawyers decry Criminal Court failure to provide court proceedings as appeal deadline approaches

With additional reporting by Shafaa Hameed

Former President Mohamed Nasheed’s lawyers today decried the Criminal Court’s continued failure to provide court proceedings into the opposition leader’s terrorism trial, with only two days remaining before the appeal period expires.

The Criminal Court only today released a judgment summary, which lawyers say is not enough to build an appeal.

Without the full transcripts of court proceedings, lawyers would not be able to determine if the three judge panel had considered fully witness testimony and defence arguments in their verdict, a statement issued today said.

Expressing grave concern, Nasheed’s legal team said the Criminal Court’s failure to provide court proceedings “is an obstruction of President Nasheed’s right to appeal.”

The opposition leader was convicted of terrorism and sentenced to 13 years in jail on March 13. According to new rules enacted prior to Nasheed’s trial, lawyers have 10 days to file their appeal.

A signed copy of the judgment summary was provided just before 3:00pm today, although the Supreme Court issued rules require judges to provide the summary at the end of the trial.

The appeal deadline is believed to expire on Sunday, March 22.

Asked if the ten-day appeal period included weekends, a Criminal Court spokesperson said he would have to check the new rules.

“These are untested rules. So we will file the appeal by Sunday, March 22,” Ahmed said.

The conviction of the opposition leader on terrorism charges relates to the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Nasheed’s Maldivian Democratic Party (MDP) has previously accused the Criminal Court of “deliberately refusing to release court proceedings in order to frustrate attempts at launching an appeal.”

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein on Wednesday called on the Maldives to enable international jurists to observe an appeal after “a hasty and apparently unfair trial.”

Expressing strong concern, Zeid noted that the Criminal Court refused to provide Nasheed adequate time to prepare a defence, and said the court’s decision not to call defence witnesses was “contrary to international fair trial standards.”

He urged the former president be given adequate time to prepare and present his defence during the appeal process.

“The Nasheed case places the Maldives judicial processes in a sharp spotlight. The flagrant irregularities in this case can still be rectified in the appeal process, and I urge the authorities to restore domestic and international confidence in the legal system by enabling international jurists to observe the appeal process,” he said.

The surprise trial began one day after Nasheed was arrested on February 22, and was completed after 11 hearings in 19 days.

“It is hard to see how such hasty proceedings, which are far from the norm in the Maldives, can be compatible with the authorities’ obligations under international law to conduct a fair trial,” the UN human rights chief said.

President Abdulla Yameen meanwhile called on all parties to respect the Criminal Court’s verdict.

In a statement released by the President’s Office on Sunday (March 15), President Yameen noted that the opposition leader has “a constitutionally guaranteed right of appeal” to challenge his conviction on terrorism charges at the High Court.

Correction: This article previously stated the Criminal Court had issued court proceedings. This is incorrect. The court had only provided a judgment summary.  


Related to this story:

UN human rights chief expresses strong concern over “hasty and apparently unfair” Nasheed trial

Former President Nasheed found guilty of terrorism, sentenced to 13 years in prison

US, EU, and UK concerned over lack of due process in Nasheed trial

Respect Criminal Court verdict, says President Yameen

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

Judge Abdulla suspected of involvement in “contract killing,” says Nasheed

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President Yameen in Saudi Arabia on state visit

President Abdulla Yameen and First Lady Fathimath Ibrahim today departed Malé on a  state visit to Saudi Arabia on the invitation of King Salman bin Abdul Aziz Al-Saud.

The Saudi King received President Yameen and the First Lady on arrival at the King Khalid International Airport in Riyadh.

A state luncheon is to be hosted in honor of President Yameen, the President’s Office has said.

The President is to meet with Saudi Arabia’s Defense Minister, Petroleum and Mineral Resources Minister, Education Minister, Finance Minister, and Islamic Minister during his visit.

Maldives Development Alliance’s Leader MP Ahmed Siyam Siyam Mohamed, Minister of Fisheries and Agriculture Dr. Mohamed Shainee, and Minister of Islamic Affairs Dr. Mohamed Shaheem Ali Saeed accompanied the Maldives president.

King Salman assumed the Saudi throne after the King Abdulla Bin Abdulaziz al Saud died on January 23.

During a 2014 visit, then-Crown Prince Salman announced a US$1.2million grant for the construction of ten mosques. He also donated US$1million for the “Vaguf” fund and US$1.5 million for the health sector.

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MDP protesters attacked, doused with petrol and chili water

Opposition Maldivian Democratic Party (MDP) protesters were beaten and doused with petrol and water mixed with chili powder last night.

Minivan News journalists observed four young men on motor cycles charge into a crowd of protesters gathered in front of the MDP office on Sosun Magu at 9:45pm. They kicked protesters and slapped a middle-aged man in the face when he told them to leave.

The young men rode off within five minutes.

The opposition party has held daily protests since February 10, first against President Abdulla Yameen’s alleged breaches of the Constitution, and later against the arrest and sentencing of former President Mohamed Nasheed.

Nasheed was convicted of terrorism over the January 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed, and jailed for 13 years on March 13.

At 11:00pm, another group of eight men attacked protesters as they marched near the Malé City Council office and doused protesters with a mixture of petrol, crude oil and chilli powder.

Ahmed Anwar
Ahmed Anwar

A journalist with Island TV, Ahmed Anwar, said he too was attacked by gangsters and said the group had singled out women in the crowd

“The protesters were heading to the Usfasgandu area when the gangs suddenly charged into the crowd. They threw petrol, crude oil and some kind of pepper mixed with water on us. They singled out the women in the crowd. A woman standing next to me had both crude oil and chili powder on her,” he told Minivan News.

Anwar said the police watched on as gangsters attacked protesters. When the crowd apprehended one of the young men, the police escorted him out of the crowd and released him, Anwar alleged.

However, the police did detain a young man who attacked the protesters around 12:00am, he said.

 

Maldives Media Council member, Miusam Abbas, was also doused with petrol and crude oil.

“I was with the members of the press. We were trying to get to the back of the crowd when the gangsters threw crude oil and petrol on me,” he told Minivan News.

According to the Maldives Police Services, three men and two women were arrested from the protest last night. They included individuals who had attempted to disrupt the protest, the police said, but declined to give further details.

Last Sunday, a group of eight men wielding knives threatened protesters and vandalised a party lorry and its sound system ahead of the night’s protest. A group of six attacked protesters and journalists on February 27 and cut off Raajje TV’s live feed.

Vice President of the Human Rights Commission of the Maldives, Ahmed Tholal, in a tweet last night urged the “authorities to ensure safety of people exercising a constitutional right.”

In a statement today, the MDP condemned “the continuing attacks on MDP protesters” and accused government officials of perpetrating the attacks.

“These groups, with the backing of government officials, are attacking and intimidating protesters with machetes and other dangerous weapons. The people who attack us have full confidence they would be released,” the statement read.

The opposition party further alleged the police arrested peaceful protesters instead of taking action against those who disrupted protests.

The MDP called on the Human Rights Commission and the Police Integrity Commission to investigate the police’s inaction.

Meanwhile, a group attempted to break into former MDP MP Hamid Abdul Ghafoor’s home last night. They broke the lock and vandalised the door.

Hamid, also the MDP’s international spokesperson, is in Colombo at the moment.

The opposition-dominated Malé City Council has also expressed concern over “police negligence” in protecting protesters and failure to arrest gangsters who attack protesters.

“The police are acting as if they support the gangs’ actions,” the statement said.


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

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