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UK, EU express “concern” over arrest of Nasheed

The UK and the EU have issued statements expressing concern over the arrest of former President Mohamed Nasheed.

“Along with our international partners, we call on the Maldivian authorities to ensure any trial is fair and transparent,” said UK Foreign Office Minister Alistair Burt.

“These latest developments underline the need for all parties to resume dialogue and work together to implement the democratic reforms identified by the Commission of National Inquiry (CNI) in August. We look forward to peaceful, free and fair elections next year, in which all political parties are able to participate fully,” Burt added.

Meanwhile in Europe, “it is with great concern that the High Representative [of the European Union for Foreign Affairs and Security Policy, Catherine Ashton] learned about the arrest of former President Nasheed of the Maldives.”

Ashton “recalls the assurances given by the Government of the Maldives as regards the personal safety of Mr Nasheed and his right to a fair trial,” her office stated.

“In view of the importance of the next presidential elections, the High Representative reiterates the need for credible and transparent elections allowing for the full participation of party candidates.”

Former President Mohamed Nasheed has been released from custody following the first hearing of a trial in the Hulhumale Magistrate Court concerning his detention of Chief Criminal Court Judge, Abdulla Mohamed.

Nasheed was temporarily held at Dhoonidhoo detention facility on Monday (8 October) ahead of yesterday’s hearing after he broke a travel ban imposed on him by the court.

The former president and his Maldivian Democratic Party (MDP) have maintained that the charges of detaining Chief Judge of the Criminal Court Abdulla Mohamed are a politically motivated attempt to prevent him from contesting the 2013 election.

“The Prosecutor General’s only objective is to ensure I cannot contest next elections,” said Nasheed, at a rally on Tuesday night following his release from court.

“What is the specific moment during the orchestration of the coup that all political actors were noting as most important? The moment when Abdulla Ghazi (Judge Abdulla Mohamed) was released. The coup d’etat that was brought in this country was made possible because our criminal justice system has failed.”

The US Embassy in Colombo earlier issued a statement urging “all parties to find a way forward that respects Maldivian democratic institutions, the rule of law and the Maldivian constitution, as well as protects human rights and fundamental freedoms.”

“We urge all sides to remain calm, reject the use of violence and to avoid rhetoric that could increase tensions. It is our expectation that former President Nasheed be given every due process that the law allows,” the embassy stated.

“In response to statements that somehow the United States was involved in the detention of former President Nasheed, the Embassy strongly denies that claim,” it added.

“We note that all US law enforcement cooperation [with the Maldives] includes activities that focus on professionalisation and professional development of the police and places special emphasis on the need to adhere to international standards of human rights and the strengthening of democratic institutions and the rule of law.”

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Police file case against man for pricking girls with a pin

Police said they have completed an investigation and submitted a case to the Prosecutor General (PG) against a man who had been arrested for allegedly pricking girls with a pin.

According to the statement the case was sent to the PG office on September 30.

The 31 year-old man, Hussain Shareef of G Greenland, was charged with harassing a group of girls from Ahmadhiyya School by pricking them with a pin in various areas of their bodies, multiple times.

The police statement said that Shareef was brought into police custody at approximately 7.44pm on August 28, 2011.

The police declined from confirming whether Shareef was being kept in police custody since his arrest or whether he has been freed.

Police Media Official Sub-Inspector Hassan Haneef had not responded at the time of press.

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“Prosecution’s only objective to ensure I cannot contest next elections”: former President Nasheed

Former President Mohamed Nasheed in a public speech on Tuesday challenged the Prosecutor General (PG) as to why “such a small charge” was being raised against him while he was being accused of “the much larger crime of having hijacked the entire criminal justice system of the Maldives”.

Following Nasheed’s first hearing in the case against him regarding the arrest of Criminal Court Chief Judge Abdulla Mohamed, the former president addressed a crowd of over 1500 supporters at the Maldivian Democratic Party (MDP)’s rally grounds in ‘Usfasgandu’ on Tuesday night.

Speaking at the rally, Nasheed stated that the Prosecutor General had filed a case against him under Article 81 of the Penal Code for the arrest of a judge.

Article 81 of the Penal Code states that it is a criminal offence for any employee of the state to use the constitutional powers to arrest vested on him to deliberately arrest a person who has not committed a crime. The article further details that the maximum penalty for this offence is either a jail sentence or banishment for a period of up to three years, or a fine of up to MVR 2000 (US$130).

“If, as the President of the Maldives, I arrested the Chief Judge of the Criminal Court, then it is not as small a crime as is stated in Article 81. The Prosecutor General’s only objective is to ensure that I cannot contest in the next presidential elections. To do so, he has identified an article which would provide just the required period of detention to cancel my candidacy,” Nasheed explained.

“In truth, if I have committed the crime he is accusing me of, then it is far more serious than he is currently saying. If such a crime has been committed, then the charges must be for having dismantled the whole criminal justice system.”

“That the PG is not charging me for that, and instead is sticking to such a small charge shows beyond any doubt that he is looking at the matter from a political perspective,” Nasheed alleged.

Nasheed said he was confident that his legal team would prove in court the challenges that the criminal justice system of the country was facing, the problems that the whole justice system of the Maldives was facing, the ensuing risks to national security, and that the steps taken by the President of the Maldives to solve the issue fell within the legislative framework of the country.

“What is the specific moment during the orchestration of the coup that all political actors were noting as most important? The moment when Abdulla Ghazi (Judge Abdulla Mohamed) was released. The coup d’etat that was brought in this country was made possible because our criminal justice system has failed,” said Nasheed.

Nasheed also said that government employees in the southern atolls had raised concerns of not having received their monthly salary.

“Hassan Thaajudeen declared a wage system in the 1600s. Since then, the state has never once failed to pay wages, until now. What we are seeing are the effects of the coup,” Nasheed said.

Regarding the actions of the police, Nasheed stated that there were many police officers who worked with the national interest in mind. He said that these officers were following the orders of their “political leaders” with reluctance.

“The Home Minister may have instructed (police) to shoot me in the head and bring me back. Home Minister may have asked them to bring me with my hands cuffed behind my back. The Home Minister may also have asked them to completely destroy Aslam’s house, or destroy Fares-Mathoda and bring me back. We do not at all doubt that the state has the means and manpower to do so. However, these past few days have made it even clearer to me that there are lots of police and soldiers who are aligned with the national spirit,” Nasheed stated.

Nasheed further stated that the MDP’s campaign trip to the southern atolls, the “Journey of Pledges” had been interrupted by the state with the use of force disproportionate to the situation.

“Some days we fall, but then we get back up even faster,” Nasheed said, stating that the campaign trip would resume on Wednesday morning.

After the first hearing of the case on Tuesday, the court has scheduled the next hearing to be held on November 4. Although Nasheed has been freed from police custody after Tuesday’s hearing, he is still effectively under island arrest.

“We have heard the manifesto of our political opponents. They vow only to detain President Nasheed for a long period of time. There is nothing for the benefit of the people,” Nasheed said.

“Our party’s and my own first pledge is that my name will be on the ballot paper,” Nasheed declared, prompting loud cheers from his supporters.

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Nasheed released from custody, travel ban still in place

Additional reporting by Mohamed Naahii

Former President Mohamed Nasheed has been released from custody following the first hearing in the Hulhumale Magistrate Court concerning his detention of Chief Criminal Court Judge, Abdulla Mohamed.

The trial began around 4:20pm this afternoon. The court was packed with attendees, most of whom were Nasheed supporters. Nasheed’s wife Laila Ali and family members were also present.

At the beginning of the trial, the state read the charges.

Responding, Nasheed stated that the trial reflected the “grave” situation that the democracy of the Maldives is in.

“Honorable judges, this charge against me is a deliberate attempt by the prosecutor general to bar the presidential candidate of the largest opposition political party of this country from contesting the next presidential elections,” Nasheed declared.

“The Maldivian constitution explicitly states that the powers of the state derives only from the people and there is no stronger power than that of the power of the people. That power of the people will only be restored through free and fair elections,” he said.

“Honorable Judges, I sincerely ask of you to consider this fact before you proceed with the trial. My lawyers will continue advocating on behalf or me from now on,” he said.

Former President’s member on the Judicial Services Commission (JSC) and outspoken whistleblower Aishath Velezinee has maintained that Nasheed’s detention of the judge was justified given the failure of both the JSC and parliament to hold the judge accountable for allegations of serious ethical misconduct.

Lawyers take over

On her opportunity to speak, Nasheed’s lawyer Hisaan Hussain raised procedural irregularities concerning the case that was being heard.

Firstly, she questioned the judges as to whether a magistrate court could hold a trial on an island other than the island on which the magistrate court was established – despite the case been filed in the Hulhumale Magistrate Court, the hearing was held in the Justice Building in Male’.

Hisaan also asked the court to decide on the claim that the magistrate court was formed in contradiction with the Constitution and the laws of the country, before it proceeded with the hearings. The matter is currently being considered by the Supreme Court.

Member of Nasheed’s legal team, Abdulla Shair, also raised a point on procedural irregularities citing that the magistrate court’s order to detain Nasheed was unlawful because such orders should legally only come from a court set up in the locality of the defendant’s permanent address. Nasheed is based in his family home in Male’.

Shair challenged that it should be the Criminal Court ordering nasheed’s detention, as Nasheed’s permanent address was located in capital Male’.

The lawyers asked the court to temporarily suspend the hearings until it had resolved the procedural irregularities. However, court rejected the proposition.

Responding to the procedural issues raised, the court rejected all but one of the issues raised without giving any reasoning.

The court however responded to Nasheed’s lawyer Abdulla Shair’s point of procedure, and stated that the court followed a precedent set by the High Court.

Responding, the state challenged that no lawful authority of the country had decided that Hulhumale’ Court was legitimate, and it was within the power of the prosecutor general to file charges in a court with relevant jurisdiction.

The state presented more than 32 pieces of evidences it claimed proved that Chief Judge of Criminal Court Abdulla Mohamed was detained unlawfully, including the judge himself.

Other evidence produced included audio and video of the Judge’s detention, and speeches given by Nasheed.

The State also presented an evidence list of figures from both Maldives National Defence Force (MNDF) and Maldives Police Services (MPS).

In response to the presented evidences, Nasheed’s lawyers asked the three member panel of Judges to give them a time period of 30 days to study the evidences and prepare a defence.

The judges however gave a period of 25 days. They announced that the next hearing would be held on November 4, 2012.

Supporters of Nasheed cheered when he came out of the hearing. With Nasheed’s detention order expired following his attending of the hearing, Nasheed is technically free.

However, the previously imposed travel ban is still in place and Nasheed is confined to Male’.

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Former President Nasheed presented to court hearing, protesters gathered outside

Former President Mohamed Nasheed has been presented to a court hearing under police custody, following his arrest on Monday on an order issued by Hulhumale Magistrate Court.

Hundreds of protesters are gathered in the area surrounding the court. Protesters claim that the Hulhumale’ court is unlawful and are calling for Nasheed to be freed.

The arrest of Nasheed on the island of Fares-Mathoda by the police followed a decision by Nasheed’s party to ignore two previous summons and a travel ban issued by the court, which the Maldivian Democratic Party (MDP) contend has no legitimacy under the 2008 Constitution. The matter is currently being considered by the Supreme Court.

Excessive force used in arrest: Amnesty

International human rights NGO Amnesty International has stated that the Maldives Police Services (MPS) used “excessive force” during the arrest of Nasheed.

The statement noted eyewitness accounts of the police vandalising the house of former Minister of Housing and Environment Mohamed Aslam, where Nasheed was staying at the time of arrest. It also highlighted accounts of attacks against supporters outside the residence who were exercising their right to protest peacefully.

Regarding the case against Nasheed, the statement further says that although it is “positive” that the Maldivian authorities are investigating the case, the organisation is concerned that the human rights violations during the 30 year presidency of Maumoon Abdul Gayyoom and those that have occurred since Mohamed Waheed Hassan assumed office in February 2012 were being ignored.

“Investigations into past abuses are always welcome. However, accountability must not be selective – all authorities including former presidents should be held accountable for human rights violations. The focus on human rights violations during only Nasheed’s presidency appears politically motivated,” said Amnesty International’s Researcher on Maldives Abbas Faiz.

Arrest was carried out “very professionally”: police

Police have released a statement claiming that police officers acted “very professionally” in bringing Nasheed into police custody.

The statement says that the police had initially requested Nasheed to hand himself over to the police. According to the police, officers broke down the door of the room Nasheed was in and detained him after he failed to respond to the initial commands. The statemen claims that this is the general course of action used by police in similar situations.

The police denied that any officers used offensive language or that any physical or that psychological trauma was caused to anyone during the arrest.

The statement further notes that from the time Nasheed was brought to the Dhoonidhoo Detention Centre last night, the Human Rights Commission of the Maldives and the Police Integrity Commission have been provided with the opportunity to observe the proceedings of the operation to arrest Nasheed.

Police have also stated that Nasheed is allowed access to legal counsel and family under the arranged regulations.

“No chance of a fair trial”

The MDP has claimed there is no chance of a fair trial in the Maldives for former President Nasheed, and Nasheed’s legal team have complained about the “extraordinary way” the trial is being conducted.

President Nasheed’s legal team said they had not received official notifications from the court about trial dates., and were instead learning this information from local media reports.

“Moreover, in an unprecedented move, the Judicial Services Commission, which includes President Nasheed’s political rivals (such as resort tycoon and Jumhoree Party (JP) leader Gasim Ibrahim), have hand-picked a panel of three magistrates to oversee the case, whose names have been kept secret. This is in breach of normal practice and in violation of the Judicature Act,” the party stated.

“The coup has not been fully completed,” said MDP spokesperson Hamid Abdul Ghafoor. “There is no point bringing President Nasheed down in a police mutiny if he then goes on to win presidential elections 18 months later. To ensure its survival, Mr Waheed’s regime needs to remove President Nasheed from the political equation and that is precisely what they intend to do.”

He noted that the UN Human Rights Committee, the International Commission of Jurists, Amnesty International, FIDH, and the Commonwealth had all have expressed concern over the independence and competence of the Maldivian judiciary and called for reform.

Police used force despite Nasheed not showing resistance: Aslam

Former Minister of Housing and Environment, who had accompanied Nasheed on the police boat along with MDP MPs Imthiyaz Fahmy and Ilyas Labeeb, told Minivan News on Monday that Nasheed had not shown any resistance to being arrested, but the police had used undue force in the arrest.

Aslam further said that the police had forced themselves into the house, damaging property in the process. He further said that the police had “pushed around” people inside the house.

In addition to riot guns, Aslam also alleged that police had been carrying firearms.

“We also later on knew that they had pistols. I don’t know what sort of pistols they were. But we saw them packing them away after escorting us on to the boat,” Aslam said.

MDP Chairperson ‘Reeko’ Moosa Manik gave a press briefing following a visit to Nasheed in Dhoonidhoo on Tuesday afternoon, stating that the former president was being kept in detention outside of the normal systems and deprived of his freedoms. He said that he condemned the police treating Nasheed “like a convicted criminal”.

No force used after Nasheed was brought to Dhoonidhoo: PIC

Police Integrity Commission (PIC)’s Vice President Abdullah Waheed confirmed Tuesday that a three member team had visited Dhoonidhoo on Monday night following Nasheed’s transfer to the detention centre.

Speaking to Minivan News, Waheed said that observers had not accompanied the police who had travelled to FaresMathoda to arrest Nasheed, but had stayed at Dhoonidhoo from the time he was brought until midnight.

“During their visit to Dhoonidhoo, our team did not see any force being used against Nasheed,” Waheed said.

“We have not received any complaints from anyone alleging anything was done wrong by police during Nasheed’s arrest,” Waheed said, adding that the commission only looked into matters when an official complaint was filed.

Vice President of Human Rights Commission of the Maldives (HRCM) Ahmed Tholal confirmed to Minivan News that himself and the President of HRCM Mariyam Azra had made a visit to Dhoonidhoo last night in relation to Nasheed’s arrest.

He said that more information could be provided following a commission members meeting, but did not respond to calls later.

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Nasheed treated like “a fugitive”, MDP tells New York Times

The former president of the Maldives, Mohamed Nasheed, was detained on Monday for failing to turn up for a court hearing in a case involving the unlawful arrest of a High Court judge when Mr Nasheed was president, writes Sruthi Gottipati for the New York Times.

Mr. Nasheed was arrested by the police while on a campaign stop in Fares-Maathodaa island, one of the 1,200 islands that make up the tiny Indian Ocean nation of the Maldives, ahead of the presidential elections in July next year.

While there’s little argument that the police took Mr. Nasheed into custody, there’s plenty of disagreement concerning the manner in which it took place.

Mr. Nasheed’s supporters said he had just eaten breakfast at a party member’s home when masked police broke into the house armed in full riot gear, spewing obscenities, and swept the former president out in what his supporters contend was a politically motivated move solely aimed at stopping him from campaigning.

Maldivian Democratic Party workers said that former ministers and aides in Mr. Nasheed’s government who were in the house were pepper-sprayed and violently dragged out.

“You could only see their eyes,” said Hamid Abdul Ghafoor, the spokesman for Mr. Nasheed’s party, describing the police who he said had burst in to brutally arrest their party leader. “They wanted to make it look like they were catching a fugitive.”

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Nasheed’s arrest the “end of Maldivian democracy”: MDP

The Maldivian Democratic Party (MDP) has called for protests following the arrest of former President Mohamed Nasheed by masked riot police on Monday morning.

Nasheed was in the Dhoonidhoo island detention centre on Monday night, awaiting his trial on Tuesday.

“October 8, 2012 will be remembered as the day that democracy died in the Maldives,” said MDP spokesperson Hamid Abdul Ghafoor in a statement.

“The reality is it has been on life-support since February, but today the plug was pulled and the lights turned off,” Ghafoor said.

Thirty-four members of the MDP’s National Council met following Nasheed’s arrest and declared that they would present information about Nasheed’s situation at 8:00pm on Monday evening, before calling for protests.

Nasheed defied a travel ban and multiple summons from the Hulhumale’ Magistrate Court, after his party disputed the legitimacy of the court and labelled the charges against him as a politically-motivated effort to sabotage the party’s southern atoll election campaign, and Nasheed’s candidacy in the next presidential election.

“There is huge contention whether Hulhumale’ Court has been granted powers by the law to try any case whatsoever,” wrote former chair of the committee that drafted the 2008 constitution, Ibrahim ‘Ibra’ Ismail.

“The Constitution says very clearly that trial courts will be defined and created by law. When Parliament created courts by the Judicature Act, there was no “Hulhumale’ Court” designated as a Magistrates Court. The Supreme Court itself is still sitting on the case of the validity of the Hulhumale’ Court. It was created by the Judicial Service Commission (JSC), without authority derived from law,” wrote Ismail.

“Therefore the validity of any orders or judgements issued by this court is questionable, and the Constitution says no one has to obey any unlawful orders, ie orders which are not derived from law. Therefore, President Nasheed’s decision to ignore the summons has more than reasonable legal grounds,” he stated.

Ismail further noted that court summons were routinely ignored without consequence by political figures allied with the current government, observing that People’s Alliance (PA) MP and Deputy Speaker of Parliament Ahmed Nazim had defied 11 summons before appearing in court over corruption charges.

“Impunity can only be matched by impunity,” Ismail stated.

“The outlook appears to be rather bleak. There will be chaos. There already is. It may worsen. And then, if we are lucky, out of chaos will emerge order. But what kind of order it will be depends on which paradigm wins. At this point in time, I would tentatively suggest it may be religious extremism.”

Morning arrest

Nasheed was arrested on the southern island of Fares-Mathoda, where he was reportedly scheduled to meet the Danish Ambassador, and was put on a speedboat bound for Male’ where he is due to appear in court on Tuesday.

Saleema Mohamed, a participant of the campaign trip, was inside the living room when the police entered the house, noted an MDP statement.

“They pushed their way in, hurting anyone inside the house. Minister Aslam asked them repeatedly to calm down and to not hurt anyone. He was saying: ‘this is my house’. The police shoved him and pushed him and he fell on the glass table and broke the table,” Saleema said.

According to the party’s statement, “the police forcefully entered Aslam’s house, barging onlookers out of the way. They used shields, batons as well as foul language at the people gathered near the house. Nasheed’s former Minister of Foreign Affairs, Ahmed Naseem, and former Press Secretary Mohamed Zuhair, were pepper sprayed by the police and violently dragged from the house, while the police also removed members of parliament from the scene.”

Police Spokesperson Sub-Inspector Hassan Haneef earlier stated that “there was no trouble. Nasheed was very cooperative,” but was unable to confirm whether police had used pepper spray.

President’s Office Media Secretary Masood Imad said the office wished to “stay clear of this matter.”

“We have asked the Maldives Police Service to notify media of any developments. We know as much as the [media] about developments,” he said.

Defence Minister Mohamed Nazim has meanwhile launched a second case against former President Nasheed, seeking MVR 3.75 million (US$243,506) in compensation for defamation after Nasheed called him a “baghee” (traitor).

Nasheed’s lawyer, former Human Resources Minister Hassan Latheef, said Nasheed would defend himself by proving that the allegations were true.

US Embassy statement

The US Embassy in Colombo has issued a statement urging “all parties to find a way forward that respects Maldivian democratic institutions, the rule of law and the Maldivian constitution, as well as protects human rights and fundamental freedoms.”

“We urge all sides to remain calm, reject the use of violence and to avoid rhetoric that could increase tensions. It is our expectation that former President Nasheed be given every due process that the law allows,” the embassy stated.

“In response to statements that somehow the United States was involved in the detention of former President Nasheed, the Embassy strongly denies that claim,” it added.

“We note that all US law enforcement cooperation [with the Maldives] includes activities that focus on professionalisation and professional development of the police and places special emphasis on the need to adhere to international standards of human rights and the strengthening of democratic institutions and the rule of law.”

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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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Former President Nasheed arrested in morning raid

Additional reporting by Mariyath Mohamed

Masked police in gas masks and riot gear have stormed a house on Fares-Mathoda in Gaaf Dhaal Atoll and taken former President Mohamed Nasheed into custody.

The arrest follows the Hulhumale Magistrate Court yesterday issuing a warrant for Nasheed’s arrest and presentation in court on Tuesday October 9.

Maldivian Democratic Party (MDP) MPs Imthiyaz Fahmy and Ilyas Labeeb were also taken into custody, along with former Minister of Environment Mohamed Aslam.

An MDP source on the island told Minivan News the three were not arrested but had accompanied Nasheed voluntarily.

“They did not want to let him be taken alone,” said the source, claiming that 50 police were involved in the operation to break down the door and take the country’s first democratically-elected President into custody.

MDP Chairperson Reeko Moosa Manik said police broke down the door of the house and pepper sprayed the former President.

“Everybody was masked and in riot gear, and we couldn’t identify any of the police officers,” Moosa said.

Police Sub-Inspector Hassan Haneef confirmed that Nasheed would be returned to Male’ where he will be presented in court tomorrow.

Haneef said that Nasheed had been taken at around 9:45am.

“There was no trouble. Nasheed was very cooperative,” Haneef said, but was unable to confirm whether police had used pepper spray.

President’s Office Spokesperson Abbas Adil Riza tweeted on October 5 that “After Tuesday morning either you are with us or with the enemy. There is no negotiation or middle ground after Tuesday,” however Minivan News is trying to confirm whether Riza was referring to the trial of Nasheed or last week’s murder of Progressive Party of the Maldives (PPM), Dr Afrasheem Ali.

Riza was not responding at time of press. However President’s Office Media Secretary Masood Imad told Minivan News that the government had not been contacted by any foreign governments or international organisations expressing concern over the detention of the former President.

“We have asked the Maldives Police Service to notify media of any developments.  The President’s Office wishes to stay clear of this matter,” he said. “We know as much as the [media] about developments right now.”
Masood added that he had been informed that despite allegations raised by the MDP concerning alleged use of excessive force to seize the former president, police authorities had said insisted that officers had acted with restraint.
“I’m told [Nasheed] asked for a box of cigarettes, a request that [officers] granted.  He was given Benson and Hedges as I understand,” Masood said.

Charges against Nasheed

The issuing of the warrant – exactly seven months after Nasheed’s ousting – follows his defiance of a court-ordered travel ban outside the capital Male’, and two court summons.

The MDP has disputed the legitimacy of the Hulhumale court and three-member panel of judges appointed to oversee the proceedings, and sought to appeal in the High Court.

The party today called on the Supreme Court to declare the Hulhumale Court illegitimate, and announced its intention to launch protests.

The specific charge against the former President concerns his detention of Chief Judge of the Criminal Court, Abdulla Mohamed, during his final days in office.

Nasheed’s government justified the judge’s detention on the basis of national security, claiming he had “taken the entire criminal justice system in his fist”, and that the institutions mandated with keeping the judiciary accountable – the Judicial Services Commission (JSC) and Parliament’s Independent Commissions Committee – were politically manipulated by the former regime.

The state alleges that Nasheed violated Article 81 of the Penal Code, which states that the detention of a government employee who has not been found guilty of a crime is illegal.

If found guilty, Nasheed will face a jail sentence or banishment for three years or a MVR 3000 (US$193.5) fine, a sentence that would bar him from contesting future elections.

Former Minister of Defence Tholhath Ibrahim Kaleyfaan, Maldives National Defence Force (MNDF) Colonel Mohamed Ziyad, former Chief of Defence Moosa Ali Jaleel and MNDF Southern Commander Brigadier-General Ibrahim Mohamed Didi also face charges.

Nasheed and his Maldivian Democratic Party (MDP) reacted last week by rejecting the authority of the country’s lower courts, contending that the trial was a politically-motivated attempt to prevent Nasheed from running in the 2013 Presidential election.

The MDP said yesterday that the party was “deeply disturbed and worried” about the decision to arrest the party’s presidential candidate, “and produce him to a widely disputed court.”

“The MDP notes with grave concern the state proceeds to prosecute President Nasheed while the UNHRC, ICJ, CoNI report, Amnesty International, FIDH, other leading human rights groups and our bilateral partners have expressed deep concerns over the independence and competence of the Maldivian judiciary,” the party said.

“We are currently on presidential campaign trail by boats in the Southern atolls. This trip has been organized for months and immediately after the dates of the trip were announced, the courts decided to summon our candidate to a court that is unlawfully established. Leading experts and lawyers have questioned the legitimacy of this court,” MDP spokesperson Hamid Abdul Ghafoor.

“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 centers 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,” said Ghafoor.

Return to prison

Nasheed became the Maldives’ first democratically elected President in 2008, ending the 30 year rule of Maumoon Abdul Gayoom, Asia’s longest serving leader.

Under Gayoom’s rule Nasheed spent 18 months in jail, including long periods in solitary confinement, and was declared an Amnesty prisoner of conscience.

He resigned from office on February 7 after police and military officers joined forces with opposition demonstrators and assaulted the country’s military headquarters and state broadcaster. Leadership passed to his Vice President, Dr Mohamed Waheed Hassan.

A Commonwealth-backed domestic inquiry in August concluded that the transfer of power was legitimate, however the MDP alleged key testimonies were overlooked and evidence dismissed.

The controversial transfer of power has resulted in months of political instability and a growing culture of violence and impunity in the Maldives, more famous for its upmarket tourist resorts and celebrity clientele.

A moderate Islamic scholar and MP of the government-aligned Progressive Party of the Maldives (PPM), Dr Afrasheem Ali, was stabbed to death outside his home on October 1, the country’s 10th murder this year.

Nasheed arrest follows the resignation yesterday of Head of the Police Integrity Commission (PIC) Shahinda Ismail, citing “major differences in opinion” with other PIC members.

A PIC report into police brutality during the February 8 crackdown contained contradictory findings, alleging that police action was justified by destruction of property. However Commissioner Shahinda disavowed the finding and stated that the police action was against the law as there was no evidence of illegal activity by demonstrators.

Shahinda’s husband, Deputy Prosecutor General Hussain Shameen, also resigned, claiming he was going to study for his masters in the UK.

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