Former President Nasheed will attend willingly if case is heard in legitimate court: MDP

The Maldivian Democratic Party (MDP) has condemned the Maldives Police Service for arresting former President Mohamed Nasheed today, terming it an ‘unlawful’ act.

MDP MP Ahmed Sameer stated that the police, who had demonstrated against being issued unconstitutional orders on the February 6, were now doing the same.

Sameer referred to Articles 155 and 245 of the Constitution of the Maldives and Article 53 of the Judicature Act, stating that the police were implementing an order which went against all three articles.

“There are slayings and murders happening continuously, but the focus is instead on politically motivated action against former President Nasheed,” Sameer said.

Sameer also echoed Nasheed’s legal team’s previous statement that there was a case to determine the legitimacy of the Hulhumale’ Court currently pending in the Supreme Court.

“We are saddened that the Supreme Court is continuing to stay silent on the matter, and is making no efforts to inhibit an unlawful order by an unconstitutional court,” Sameer said.

“Why doesn’t the Supreme Court take the initiative and transfer the case against Nasheed from the unlawful Hulhumale’ court to a legally established court? He would willingly attend then,” Sameer further stated.

The police have an ongoing investigation against Sameer which was submitted by the Department of Judicial Administration on September 12 accusing him of “creating public mistrust” towards the Supreme Court.

Former Chairman of the Constitutional Drafting Committee of the Special Majlis, Ibrahim ‘Ibra’ Ismail, has also published an article on his personal blog stating the reasons why the Hulhumale’ Magistrate Court cannot be considered a legal entity.

Ismail writes “[Hulhumale’ court] was created by the Judicial Services Commission (JSC) without authority derived from Law. Therefore the validity of any order or judgements issued by this court is questionable, and the Constitution says no one has to obey any unlawful orders, i.e, orders which are not derived from law. Therefore, President Nasheed’s decision to ignore the summons has more than reasonable legal grounds.”

Ismail further writes that no court has the power, under any law, to issue a travel ban on a person without ever summoning them to court.

He also stated that there was ample to room to believe that the courts were acting with a bias against Nasheed, owing to a number of other politicians and business tycoons who were repeatedly defying court orders and summons.

At Monday’s press conference MP Sameer and MDP Chairperson ‘Reeko’ Moosa Manik called on the Minister of Home Affairs and seniors representatives of the Maldives Police Service (MPS) to not encourage the case to be carried out in an unlawful court by having the police obey its orders to arrest Nasheed and present him to the hearing.

The MPS has sent out a press release confirming that they have taken Nasheed into custody and that officers were now heading back to the capital with him.

MDP International Spokesperson Hamid Abdul Ghafoor has also expressed concerns, stating he did not believe Nasheed would be allowed a fair trial.

“This is not about justice. This is a politically motivated trial to invalidate our candidate’s candidacy and to deliberately disrupt the MDP’s presidential campaign. We are in the largest voting centres and it is very clear who will win the elections. They can only win the elections by invalidating his candidacy. We are deeply disturbed by the developing situation. We do not believe he will have a fair trial.”

Meanwhile, President’s Office Spokesperson Abbas Adil Riza has stated on his twitter: “After Tuesday morning either you are with us or with the enemy. There is no negotiation or middle ground after Tuesday.”

Riza made the statement on Sunday evening, while the Hulhumale’ Magistrate issued the arrest warrant to the police on Monday afternoon.

Parliament rejects motion against Nasheed’s arrest

Parliament has rejected an emergency motion put forward by MDP MP and Chairperson ‘Reeko’ Moosa Manik against the arrest of Nasheed.

Speaker and DRP Member Abdulla Shahid stated that the motion was rejected on the basis that it concerned a case ongoing in the Supreme Court to validate the legitimacy of the Hulhumale’ Magistrate Court.

He referred to Article 149 of the Parliament Rules of Procedure which states that motions regarding cases ongoing in a court of law could not be accepted by the legislative.

Although Shahid stated that the Supreme Court was currently looking into the legitimacy of the Hulhumale’ Magistrate Court, Moosa Manik stated that the motion was not about the Supreme court case, but about a case lodged at an unconstitutional court.

MDP MP Eva Abdulla echoed Moosa’s statement, saying that since the Hulhumale’ Magistrate Court was established unlawfully, the arrest warrant for Nasheed issued by the court must be considered invalid.

The motion also spoke of the public outrage that Nasheed’s arrest and unfair treatment against him would cause.

Three magistrates presiding over Nasheed case summoned to Majlis Committee

The Majlis committee with the mandate to oversee work of the executive has summoned the three magistrates appointed to preside over the case against Nasheed regarding the arrest of Criminal Court Chief Justice Abdulla Mohamed.

The three magistrates, whose names have not yet been announced, have been asked to attend the meeting at 3:45pm on Tuesday. Nasheed’s hearing, meanwhile, has been scheduled for 4:00pm Tuesday.

The decision to summon the magistrates was reached in a closed-door meeting of the committee held Monday afternoon.

The committee has an MDP majority with six of their MPs sitting in it, in addition to two  members from the Progressive Party of Maldives (PPM), two members from Dhivehi Rayyithunge Party (DRP) and one member from the Jumhoree Party (JP).

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Police issued with arrest warrant for Nasheed

Additional reporting by Mariyath Mohamed

The Hulhumale’ Magistrate Court has issued an order to the Maldives Police Service for the arrest of former President Mohamed Nasheed, asking them to bring him to a court hearing at 4:00PM on Tuesday.

Sub-Inspector Hassan Haneef confirmed that the new warrant gives the police powers of arrest after a previous warrant allowed them only to present the defendant in court with his consent.

The order has been issued in relation to the case of Nasheed’s arrest of Criminal Court Chief Judge Abdulla Mohamed last year.

Punishment for a person guilty of this offence is imprisonment or banishment for three years, or a fine of MVR 2,000 (US$129.70).

Nasheed was initially summoned to the court on October 1. After he failed to attend this hearing, instead heading to the southern atolls to campaign, the court ordered police to present him at the next hearing, scheduled for Sunday October 7.

Nasheed then sent a request to the Hulhumale’ Magistrate Court on Friday asking for the hearing to be rescheduled. The court rejected the appeal, saying that campaigning was not listed as a reason for absence in the legislation regarding summons.

He had planned to return to Male’ on Saturday October 13. No spokesman from the Maldivian Democratic Party (MDP) was able to respond to calls at the time of press.

Earlier today, the high court rejected former Nasheed’s appeal challenging the legitimacy of Hulhumale’ Magistrate Court, and its summoning of him in connection with this case.

Former MP and President of MDP Ibrahim ‘Ibra’ Ismail has also cast doubt on the validity of the Hulhumale court’s rulings.

“There is more than ample grounds to contend that the summons was issued by an unlawful panel of judges, sitting in an unlawful court, which had already issued an unconstitutional restraining order which was ultra vires,” said Ibra on his personal blog.

Last week, the MDP vowed to ignore all rulings made by the courts until judicial reforms were introduced.

Nasheed did not return to Male’ for today’s hearing, following which the court issued the current arrest warrant.

The high court has ruled that the order to arrest Nasheed and present him in court on Tuesday cannot be appealed.

An arrest warrant was issued for Nasheed – for unspecified charges –  shortly after his resignation in February although he was never detained by police.

Nasheed was arrested more than twenty times under the regime of 30-year president Maumoon Abdul Gayoom.

Since leaving the President’s Office, Nasheed has maintained that figures loyal to the former regime were behind his ousting, although the Commission of National Inquiry’s (CNI) final report in August found otherwise.

Nasheed is also currently facing civil court proceedings related to the defamation – labelling as traitors – the current minister of defence and police commissioner, both installed immediately following his resignation.

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Attack against “moderate” Afrasheem an “attack against Islam”: Gayoom

Former President Maumoon Abdul Gayoom has alleged the murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali, whom he claimed was a leading local advocate against Islam being seen as an “extremist religion”, was an attack on the country’s religious identity.

Gayoom, acting head of the PPM, made the claims at a memorial ceremony held for Dr Afrasheem on his birth island of Raa Atoll Ungoofaaru, alleging that the MP’s murder this week was an attempt by unidentified figures to eradicate Islam from the nation, local media has reported.

Under the Maldives Constitution, it is illegal for anyone to openly practice any faith other than Islam in the country, with nationality tied to following the faith.

According to newspaper Haveeru, former President Gayoom was quoted as acknowledging Dr Afrasheem’s efforts to educate the public on “moderate Islam”, while also raising questions over potential “benefits” to the nation in the significant number of local religious scholars being trained abroad.

“The attack on Afrasheem wasn’t just an attack on him. It wasn’t an attack on his family or his island. It’s an attack against Islam. It’s an attack against the nation. It’s an act by some people who doesn’t want to see Islam prevail in this country,” Haveeru reported Gayoom as saying.

Also speaking during the memorial were PPM MP Ilham Ahmed and the party’s interim Deputy Leader Umar Naseer.

Ilham reportedly told the crowd that he was personally aware of “people” who were discontented with Dr Afrasheem.  The MP added that his fellow party member had ultimately not been afraid to “sacrifice himself in the name of Islam.”

Meanwhile, Umar Naseer reiterated Afrasheem’s view that efforts to strengthen the word of religion in the country could only succeed with political authority.

Umar Naseer, Ilham Ahmed and PPM MP and Spokesperson Ahmed Mahlouf were not responding to calls from Minivan News.

Maldives Islamic Affairs Minister, Sheikh Mohamed Shaheem Ali Saeed, and State Minister for Islamic Affairs Mohamed Didi could also not be reached for comment at the time of press.

Attack

Dr Afrasheem was found murdered near his home on Monday (October 1) after returning from an appearance on the “Islamee Dhiriulhun” (Islamic Life) programme broadcast on state television. He had appeared on the show alongside Deputy Minister of Islamic Affairs Mohamed Qubad Aboobakuru.

Four suspects are presently being held by police in connection to the murder, with the country’s Criminal Court extending their detention for an additional 15 days from Thursday (October 4) as investigations continue.

Authorities have yet to reveal the identities of the four suspects, however the opposition Maldivian Democratic Party (MDP) has alleged that two of its “front-line activists” are among those being detained.

The MDP additionally  expressed concern that the “brutal murder of a respected and elected member of the Parliament” was potentially being used to frame political opponents.

Police have yet to establish a motive for the murder.

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MDP campaign continues despite court summons, sea blockade

The Maldivian Democratic Party’s southern campaigning continues whilst legal sparring continues in the capital Male’.

A request for the delay of former President Mohamed Nasheed’s criminal court trial has been rejected as the MDP reaches the tour’s 10th island.

Spokesperson for the Department of Judicial Administration Latheefa Qasim confirmed that the Hulhumale’ court had received the request on Friday night, which had given the southern campaign as a reason for the postponement.

“This reason is not included in the regulations so the court cannot act upon it,” said Latheefa, who explained that the trial would go ahead as scheduled – tomorrow at 4:00PM.

After Nasheed’s decision not to attend his first hearing on Monday, instead leaving Male’ in contravention of a travel ban, the police were requested to present the MDP’s presidential candidate in the court for the re-scheduled hearing.

Nasheed stands accused of illegally detaining Chief Judge Abdulla Mohamed in January of this year.

Despite rumours that security forces had been dispatched to return Nasheed to Male’, the flotilla of ships on the MDP’s ‘Journey of Pledges’ have as yet  seen no sign of any police of Maldives National Defence Force (MNDF) vessels.

Police have today said that it under the current court order, Nasheed could only be brought before the Hulhumale’ court with his consent.

MDP spokesman Hamed Abdul Ghafoor did mention that the MDP had encountered some opposition from locals on Gemanafushi in Gaafu Alif atoll.

A large tree was floated across the entrance to the harbour in order to prevent the flotilla from gaining access to the island, although Ghafoor said that the log was soon moved and a warm welcome was given by many of the islanders.

“We expected trouble,” said Ghafoor. “It was a weak attempt to make news. Eventually, the protesters could not overpower our numbers.”

The MDP also reported that a boat named ‘Orchid 101’ attempted to block the harbour entrance.

Local media reported that the protest was organised by the Progressive Party of Maldives (PPM), speaking with the Island Council’s President Asim Mohamed.

“The people protested against Nasheed about three issues. One is that he has ignored the fact that the nation is mourning and is continuing with his tour, the second issue is that he disobeyed Court Orders, and the third is the unrest created in the island during his previous visits,” Asim told Sun Online.

Ghafoor also noted that the party had prepared an appeal to the high court regarding Nasheed’s criminal court trial.

“The National Executive Committee (NEC) said we do not accept lower courts. The president will appeal to the high court,” said Ghafoor.

“Democracy has gone wrong – summons to court represents corruption in the courts,” he added, stating that the lower courts were not recognised due to their failure to have adhered to article 285 of the 2008 constitution.

This article required that all judges not having met a level of qualifications outlined in article 149 within two years of the constitution’s ratification, be removed from the bench.

Latheefa said she was not yet aware of any high court appeal regarding the Abdulla Mohamed case.

After the party’s legal team revealed its concerns over the legality of the Hulhumale’ Magistrates Court – assembled to handle the case – its executive council released a statement announcing it would no longer recognise the authority of the judiciary.

Reform of the judiciary is one of the key recommendations made in the Commission of National Inquiry (CNI) which, in August ruled that Nasheed had not been removed in a coup.

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Court extends detention of Afrasheem murder suspects, MDP raises concerns of ‘politically motivated’ arrests

Additional reporting by Ahmed Nazeer.

The Criminal Court has opted to extend the detention period of four suspects accused of involvement in the murder of Progressive Party of Maldives (PPM) MP Dr Afrasheem Ali, as parliament’s ’241′ Security Services Committee today meets to discuss politician safety.

Authorities today confirmed that the four suspects, which the opposition Maldivian Democratic Party (MDP) has alleged include two “front-line activists”, would be kept in custody for an extra 15 days as the investigation into the murder of the MP continued.

The high profile murder has been met with growing speculation from politicians over potential political or religious motives, yet police have so far provided no details on the nature of the murder, despite allegations and counter claims appearing in the media.

The MDP yesterday  expressed concern that the “brutal murder of a respected and elected member of the Parliament” was potentially being used to frame political opponents. The party has therefore called for “calm and restraint”, while also slamming the President’s Office for issuing statement claimed to connect the attack to former President Mohamed Nasheed.  Along with condemning the murder, Nasheed this week praised Dr Afrasheem for his moderate views on the country’s Islamic identity.

According to a BBC report earlier this week, the President Office’s Media Secretary “sent out a text describing  MP Afrasheem as the ‘strongest critic’ of Nasheed.”

Rules and regulations

Despite the allegations, Director of the Department of Judicial Administration Ahmed Maajid told Minivan News today that the extension of the suspects’ detention period was in accordance with rules linked to ongoing police investigations.

“Under this regulation, the police must produce anyone arrested on suspicion of criminal activity before a judge within 24 hours. The judge may order for the detention to be extended for a period of up to 15 days if the police can convince the court that a suspect needs to be detained for investigation,” he said. “In reviewing this order, the judge would consider such factors as the nature of the crime and the possibility of the suspect tampering with evidence if released for example.”

At the time of press, Maajid was unable to confirm the identity of the judge who had granted the detention extension, adding that such details could not be granted without receiving a written notice from the media. He added that the judge’s ruling had been consistent with similar investigations.

Police Spokesperson Sun-Inspector Hassan Haneef meanwhile confirmed there had been no further developments within its investigation, beyond the detention of four suspects for questioning in the case.

The Maldives police service have not so far given the identities of the suspects being detained as part of ongoing investigations.

However, the MDP yesterday released a statement claiming lawyers representing party activists Mariyam Naaifa and Ali Hashim had confirmed they had been detained as part of an investigation into the murder.

“The MDP has strongly condemned the gruesome murder of the member of parliament and scholar Dr Afrasheem Ali in the early hours of October 2, 2012,” the party claimed. “While the country is going through a difficult time following the murder of Dr. Afrasheem Ali, the MDP is deeply shocked and disturbed by the manner in which Maldives Police Services (MPS) is conducting their investigation into the incident.”

Aside from the detention of two party activists, the party added that its protest camp at the contested ‘Usfasgandu’ protest area in male’ had been searched by police officers using metal detectors yesterday.  The party has alleged that officers on the scene had confirmed the search was related to the murder of MP Afrasheem.

Speaking to Minivan News today, MDP Spokesperson and MP Hamid Abdul Ghafoor alleged that public faith in the police’s ability to conduct impartial investigations was low.

“People have lived with it their whole lives. They have been indoctrinated into silence,” he claimed.

Dhivehi Rayyithunge Party MP (DRP) Ali Azim told Minivan News that the ’241′ Security Services Committee was today summoning Commissioner of Police Abdulla Riyaz to get an update on the progress of the ongoing investigation into MP Afrasheem’s murder.

Azim, a member of the security committee, claimed ahead of today’s meeting that it would be used to try and establish whether there was evidence to suggest the attack was politically or religiously motivated.

Aside from the ongoing murder investigation, media regulator the Maldives Broadcasting Commission (MBC) was also being summoned today over concerns about the media’s role in spreading “hatred” about MPs in the country.

While accepting that the constitution called for the allowance of freedom of speech within the media, Azim claimed that there were limits, alleging that the national press were not being held sufficiently accountable for their work.

“The media has been accusing MPs of wasting taxpayers’ money; of suggesting not enough work is being done and saying that no laws are being passed,” he said. “I don’t think these accusations should be there. A few TV, radio and online media services has been accusing MPs of these things.”

Azim said he accepted that media had a role to hold MPs accountable for their work, but questioned the accountability in turn being required of the country’s journalists.

The MP stressed that the outcome of today’s meeting, which was still ongoing at the time of press, remained confidential and that he would be unable to elaborate further on its outcome.

“Free speech”

Speaking to Minivan News today, Maldives Journalist Association (MJA) President Ahmed ‘Hiriga’ Zahir said that he had not been given any information surrounding the MBC being summoned before the security committee.

Hiriga said that the MJA would await the outcome of the MBC’s meeting before making any official comment on the matter, but added that local media should continue to be able to practice free speech as long as it was accurate.

“I think there are a number of issues that we need to address in the Maldives media right now regarding ethics,” he said. “But our stand has always been that we stand against efforts to undermine the work of journalists and the right to a free media here in the Maldives.”

Hiriga added that while the media had “no right to lie” to members of the pubic, it was nonetheless vital to ensure freedom of the speech was being upheld in the Maldives.

“If some media for instance want to support the government or a certain political side, we have no issue with that, but the information provided must be accurate.”

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MDP’s ‘Journey of Pledges’ reaches Nilandhoo with no sign of security forces

The Maldivian Democratic Party’s (MDP) ‘Journey of Pledges’ has today reached Nilandhoo in Ghaafu Alif Atoll with no sign of the security forces.

Local media yesterday reported that boats had been sent to return former President Mohamed Nasheed to Male’ to face trial .

Party spokesman Hamed Abdul Ghafoor said that the five boat flotilla had received a warm welcome from the island’s 1000-strong population as well as the Dhivehi Rayyithunge Party (DRP) dominated council.

“We don’t see the [political] tension here,” said Ghafoor. “Everyone is in high spirits.”

When asked about the reports in local media that the coastguard had been deployed from Male’ yesterday, Ghafoor said that the party had not received any official word from the authorities.

“As far as we had heard, boats left from Male’ at 4:00pm and should have arrived in Villingili by midnight,” he said.

“There were also rumours that a platoon was leaving from Addu but we haven’t heard anything from the police yet,” he added.

Yesterday the police declined to comment and the Maldives National Defence Force (MNDF) denied that any officials had been sent to retrieve Nasheed.

The day after Nasheed left for the Southern atolls, in contravention of a travel ban, the courts instructed police to produce Nasheed at a rescheduled hearing in the Abdulla Mohamed detention case this coming Sunday.

Security forces made no attempt to prevent Nasheed from leaving Male’ on Monday.

Judicial Administration Department Director Ahmed Maajid told Minivan News yesterday that, despite the order, the former president was “not to be detained”.

In the event of Nasheed being taken back to the capital, Ghafoor was uncertain as to whether the trip, scheduled to visit over 30 islands in 14 days, would continue.

“The trip is very much driven by a charismatic leader. It may fizzle out if the government acted aggressively like that,” said Ghafoor.

“We are not fighters – it would be silly to have a fighting force confront us on the high seas. But you can’t put anything past them,” he continued.

Maldivian law does include provision for trial in absentia if the defendant in a criminal case is not produced by the police.

However, MDP lawyer Hassan Latheef said that this would be very unusual and, to his knowledge, does not have any precedence in Maldivian case law.

Nasheed has requested in writing that his MNDF security detail – provided under the Former President’s Act – not accompany him on the tour.

The MNDF released a statement today detailing this, saying that it could not take any responsibility for harm that might befall the former president whilst not under its protection.

It was also stated that the defence ministry had asked the Majlis for advice on how it should act in such circumstances.

Police Commissioner Abdulla Riyaz has been summoned to the Majlis’ 241 security committee to discuss the protection provided to politicians following the murder of MP Afrasheem Ali on Monday evening.

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JP MP Alhan Fahmy to initiate no-confidence vote against President and Vice President

Jumhoree Party (JP) MP Alhan Fahmy has said today that he is in discussions with MPs from other parties to submit a motion to take a no confidence vote against both President Mohamed Waheed Hassan and Vice President Mohamed Waheed Deen.

Fahmy was initially elected to parliament as an MP representing the Dhivehi Rayyithunge Party (DRP). He then transferred to the Maldivain Democratic Party (MDP), before signing with JP earlier this year. He was elected as Vice President of MDP during his time in the party.

Fahmy told local media today that he was initiating this vote for two specific reasons:  the first being Waheed’s negative remarks about the Majlis in his last trip to Sri Lanka, and secondly, that in Fahmy’s view neither Waheed nor Deen were fulfilling their constitutional responsibilities.

“[Waheed] has said that MPs just stay home without doing any work. That we take our salary and yet are always on leave. Waheed cannot make a statement like that,” Fahmy told Haveeru.

“That is encroachment on the privileges of MPs. This is a very worrying matter. What is going to happen if while staying as the highest authority in the state, he treats the parliament like sh*t?” Fahmy was quoted as saying.

He furthermore stated that both Waheed and Waheed Deen had failed to perform up to the responsibilities of the post detailed in article 100(a) of the Constitution of the Maldives.

Article 100(a) states the Majlis can remove a President or Vice President on grounds of violating a tenet of Islam or the constitution, conduct unsuited to the office, or an inability to carry out the office’s duties.

Removal of both President and Vice President simultaneously would trigger constitutional clauses requiring the Speaker of the Majlis Abdulla Shahid to assume office and to organise elections within 60 days.

According to Fahmy, his initiative was getting support from the opposition MDP, and he specifically noted the work of the party’s Chairperson ‘Reeko’ Moosa Manik.

Fahmy said he is now in the process of drafting the motion, expressing confidence that he would be able to obtain signatures from 25 MPs to submit the motion as per the regulations.

According to article 100 (e) of the constitution, a no confidence vote can be passed with votes from two-thirds of the total numbers of MPs in parliament, which amounts to 52 votes.

The constitution also requires 14 days notice to be given before the matter is voted upon, as well as providing both the President and Vice President with the opportunity to defend themselves against their respective charges.

Meanwhile, President of Jumhoree Party Ibrahim Didi, who formerly served in the same position at MDP, expressed concern over Fahmy’s statement.

Didi told local media that being part of the coalition, JP would offer full support to the coalition government. He said Fahmy had made the statement of his own accord, and that the party had no knowledge of the matter.

However, Didi has said that the party has not yet decided if it would take action against Fahmy for speaking against the party’s stance.

During Wednesday’s parliament session, Fahmy also called for the resignation of the Commissioner of Police Abdulla Riyaz and Minister of Home Affairs Dr Mohamed Jameel.

MDP Chairperson ‘Reeko’ Moosa Manik confirmed to Minivan News today that he supported Fahmy’s initiative to take the no-confidence vote.

“Since Alhan has taken the initiative, I will support him. I will do what needs to be done to bring the MDP Parliamentary Group on board,” Manik said.

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MP Afrasheem buried as world condemns his murder

Dr Afrasheem Ali, Islamic Scholar and MP for Ungoofaaru, was buried shortly before 5:00pm at Asahara cemetery in Male’.

Thousands gathered for the funeral prayers which took place at the Islamic Center. The prayers were led by former President and leader of Afrasheem’s party Maumoon Abdul Gayoom.

Long queues of those wishing to pay their last respects formed by Republican Square, where the national flag will fly at half mast for the next two days.

Local news source Sun Online covered the day’s events via a live feed.

Sun reported that arrival of the members of Afrasheem’s family in Male’ this morning, as well as the presence of several MPs at the Islamic Center – today’s session of the Majlis was cancelled.

The MP was subjected to a brutal attack last night when returning to his home after appearing on state television.

Afrasheem’s wife found his body, displaying multiple stab wounds to the head and back, at the foot of the stairs outside their home.

A councillor from Afrasheem’s home island told Haveeru that the community had come to a virtual standstill following news of its MP’s death.

“Many still find it hard to believe that Afrasheem is gone. Their faces show despair,” council member Hussain Najeeb told the paper.

Afrasheem’s coffin was draped in a Maldivian flag, which was handed to his son shortly before the final burial.

Reaction

Afrasheem’s murder has made headlines around the world, with news agencies such as the BBC, CNN, and the Wall Street Journal carrying the news of the Majlis member’s death.

Politicians and institutions of all stripes have today joined with the mourning nation in condemning the slaying and calling for swift justice.

The Maldivian Democratic Party, Adhaalath Party and Afrasheem’s own Progressive Party of Maldives released statements to this effect.

Speaking to local media from the ADK hospital, where Afrasheem’s body was initially taken, Gayoom told Sun Online that the Maldives had lost a talented and unique scholar.

“He was a great teacher. We lost a scholar today, and I am saddened by this. I strongly condemn this act. God willing, the perpetrators will be found and brought to justice through a Court process,” said Gayoom.

Vice President Waheed Deen told local media there would be swift retribution for the crime.

“Law enforcement authorities will not stop until a result is obtained within 24 hours. The investigation won’t leave a stone unturned,” he said.

Former President Mohamed Nasheed, currently campaigning in the SouthernAatolls took to social media to declare his sharing of the nation’s fear and sadness following the murder.

Local media cited “reliable sources” in saying an arrest had been made just before 5:00am this morning, although – more than 12 hours later – Police Spokesman Sub Inspector Hassan Haneef told Minivan News that police were unable to confirm this.

The police have set up a toll free number which can be used for anyone with information regarding the murder: 334 0026.

Numerous institutions including the Elections Commission, the Judicial Services Commission, the Islamic Foundation of the Maldives, and the United Nations have released statements.

The United Nations, on its International Day of Non-Violence, condemned the murder of an “accomplished scholar”.

“The United Nations team in the Maldives is shocked by the murder of Member of Parliament Dr Afrahshim Ali. The United Nations condemns this crime in the strongest possible terms, and hopes justice will be brought to bear,” read the statement.

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Court asks police to present Nasheed at rescheduled trial

Former President Mohamed Nasheed today began touring the country’s Southern Atolls less than 24 hours after boycotting a trial against him in protest at what he and the Maldivian Democratic Party (MDP) allege is a lack of independence within the nation’s judiciary.

However the Department of Judicial Administration today confirmed that police were “to produce” Nasheed at a rescheduled hearing at 4:00pm on Sunday, October 7.

Department Director Ahmed Maajid told Minivan News that despite the order, the former president was “not to be detained”.

With the campaigning beginning today in Gaafu Alif Atoll, the MDP has claimed that uncertainty remains over whether Nasheed would be able to complete the tour without being taken into custody by authorities.

Despite the Department of Judicial Administration’s order, no official communication from authorities has so far been received by the MDP following Nasheed’s decision to boycott his trial, contravening a court order requiring him to remain in the capital.

The court hearing was to be the first in the case concerning Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed, while in office.

The government meanwhile has told the Agence France Presse (AFP) news service that the former president could be taken into custody should he fail to comply with a second summons for his trial over the detention of Criminal Court Chief Judge Abdulla Mohamed.

“The court will issue him another summons,” President’s Office Media Secretary Masood Imad told the AFP.  “After the second summons, if he does not comply, the standard procedure is they (the court) will instruct the police to bring him in.”

Both Masood and President’s Office Spokesperson Abbas Adil Riza were not responding to calls from Minivan News at the time of press.

Home Minister Dr Mohamed Jameel Ahmed told Minivan News that the existing protocols relating to a defendant failing to attend their trial were a matter of judicial process that were applied to any defendant, regardless of their position.

“Nasheed or anyone else is subjected to the same set of rules governing trials when they face criminal charges,” he claimed. “The state would not commit any act which would amount to contempt of court whenever it is asked to assist in bringing a suspect to court who wilfully avoids an appearance or absconds a trial.”

Prosecutor General Ahmed Muizz was also not responding to calls from Minivan News at the time of press.

MDP Spokesperson and MP Hamid Abdul Ghafoor, who is travelling with Nasheed as part of the party’s 14 day tour, said that no official correspondence had been received from authorities at present concerning Nasheed’s decision not to attend yesterday’s trial.

“[The authorities] have done everything they can to try and stop this tour, though we have just arrived and the party is in good spirits,” he said.

When questioned if the MDP was confident Nasheed would be able to complete the tour following his decision to defy court rulings against him, Ghafoor said it remained too early to tell at present.

“Obviously we hope he will be able to complete the tour, but they might come and get him at some point. We will have to wait and see,” he said. “We have just arrived at our first destination on Kolamaafushi, the island is very yellow (the official colour of the MDP), it is quite a thing to see.”

Another source travelling with Nasheed as part of the tour, who asked not to be identified, told Minivan News that there had been no communications so far between the former president’s representatives, the government or the courts.

The source claimed that from their own understanding, Nasheed was being treated under standard protocols employed against any Maldivian national failing to attend a criminal trial, with a second summons expected to be issued by the courts at a later date.  A failure to comply with this second order would likely see police ordered to bring the former president to court, they added.

Boycott decision

Nasheed’s departure to participate in his party’s ‘Vaudhuge Dhathuru’ (Journey of Pledges) campaign in the country’s southern atolls reflected a wider MDP decision to no longer follow any orders given by the courts of the Maldives until changes proposed by international entities were brought to the Maldivian judicial system.

Nasheed’s controversial decision to detain Judge Abdulla in January 2012 followed the judge’s repeated release of former Justice Minister – and current Home Minister – Dr Mohamed Jameel, in December 2011, whom the government had accused of inciting religious hatred over the publication of his party’s pamphlet, ‘President Nasheed’s devious plot to destroy the Islamic faith of Maldivians’.

The former government government further accused the judge of political bias, obstructing police, stalling cases, having links with organised crime and “taking the entire criminal justice system in his fist” so as to protect key figures of the former dictatorship from human rights and corruption cases, among other allegations.

Nasheed justified the judge’s arrest based on his constitutional mandate to protect the constitution. Judge Abdulla had in September 2011 received an injunction from the Civil Court preventing his investigation by the Judicial Services Commission (JSC), the watchdog tasked with overseeing the judiciary, which complied with the ruling.

Former President’s Member on the JSC, Aishath Velezinee, has written a book extensively documenting the watchdog body’s undermining of judicial independence, and complicity in sabotaging the separation of powers.

Over 80 pages, backed up with documents, evidence and letters, The Failed Silent Coup: in Defeat They Reached for the Gun recounts the experience of the outspoken whistleblower as she attempted to stop the commission from re-appointing unqualified and ethically-suspect judges loyal to former President Maumoon Abdul Gayoom, after it dismissed the professional and ethical standards demanded by Article 285 of the constitution as “symbolic”.

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