Tag: Mohamed Nasheed

Divers plan underwater protest for Nasheed release

One hundred divers will wave flags underwater in protest against the jailing of ex-president Mohamed Nasheed on Saturday.

The dive, entitled “Free Climate Hero”, will take place near the West Park Cafe area of the capital on Saturday from 4pm to 6pm.

“You will see flags coming out of the water,” said said Hussein Latheef, a lead organiser of the event, according to Haveeru.

The dive protest is the latest in a series of events aiming to lobby for Nasheed’s release since he was jailed for 13 years on terrorism charges last month.

During his presidency, from 2008 to 2012, Nasheed was an active climate campaigner, highlighting the plight of the Maldives as a small island state vulnerable to rising sea levels.

In 2009 his cabinet made headlines by holding an underwater cabinet meeting calling for global cuts in carbon emissions.

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High Court says Nasheed can still appeal

Former president Mohamed Nasheed can still appeal a 13-year terrorism conviction at the High Court despite the end of the 10-day appeal period, the court says.

However, Nasheed’s lawyers say they believe they have no legal route through which to launch an appeal, and the ex-leader’s only hope for release is a clemency procedure initiated by the president.

The legal team says Nasheed is seeking a political solution involving President Abdulla Yameen, saying he has no faith in the judicial system to treat his case fairly.

Nasheed’s conviction last month was met with outrage from the opposition, which has been holding daily protests, while his trial was heavily criticised by several international bodies.

Late appeals

High Court judges are authorized to accept a late appeal if a “reasonable justification” is given, court media official Ameen Faisal said.

These include the lower court’s failure to provide detailed reports into court proceedings on time, as had happened in Nasheed’s case.

However, a lawyer on Nasheed’s team says there is no legal avenue to file an appeal, because the Supreme Court has removed the High Court’s discretionary power to accept late appeals.

This change was made in the same January ruling that shortened a 90-day appeal period to 10 days, shortly before Nasheed’s trial.

Only President Abdulla Yameen can now resolve the impasse, Nasheed’s lawyer Ibrahim Riffath said. The president can reduce Nasheed’s sentence through special powers granted in the Clemency Act.

In January, the Supreme Court voided Article 42 of the Judicature Act which set out appeal deadlines and gave judges discretionary powers in accepting late appeals.

The 90–180 day appeal period obstructed justice, the Supreme Court said. A new 10-day appeal period was set out, but the apex court was silent on procedures for late appeals.

Riffath said the High Court must now seek the Supreme Court’s instruction before accepting an appeal.

Political solution?

In any case, Nasheed’s team on March 19 announced that the former president desired a political solution and would not seek an appeal, stating he had no faith in the judiciary.

His lawyers believe such an appeal would inevitably fail, because they do not believe the High Court judges to be independent.

Six of the nine High Court judges are to be relocated to two new High Court branches with reduced powers in the north and south. The government-controlled judicial watchdog has not yet decided which judges will be relocated, and the threat of this demotion has silenced the judges, Nasheed’s lawyers believe.

President’s spokesperson Ibrahim Muaz Ali last week suggested President Yameen could consider granting a pardon if Nasheed asked for it, saying the office had not received a letter yet.

But Riffath said the normal clemency procedures do not apply in Nasheed’s case, as the president cannot pardon offences relating to terrorism. However, the president on his own initiative could reduce sentences or postpone them indefinitely under special procedures listed in Article 29 of the Clemency Act.

Article 29 states that the president can reduce sentences depending on the age, health or special circumstances of the convict.

Yameen has so far insisted that the court process is independent from his government and that he is not personally involved.

Daily protests are ongoing across the Maldives, and opposition leaders last Thursday reiterated calls for President Yameen to initiate talks.

The government last week stripped Nasheed of membership of the main opposition Maldivian Democratic Party, by using its parliamentary majority to pass a law banning prisoners from political party membership.

Separately, the ruling PPM has also submitted an amendment to the law on privileges for former presidents stripping any president who resigned – as Nasheed did, although he said it was under duress – from army protection and financial privileges.

Nasheed was convicted in a trial condemned by the UN, Amnesty International and the EU, US and UK over lack of due process. Amnesty called the trial a travesty of justice, while the UN said it made a mockery of the constitution and international treaties.

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Government bars Nasheed from MDP

The government has barred ex-president Mohamed Nasheed from the Maldivian Democratic Party he co-founded by using its parliamentary majority to pass a law banning prisoners from political party membership.

Nasheed will lose his leadership and membership of the MDP because of a terrorism conviction this month relating to the detention of a judge during his period in power.

He was jailed for 13 years after being found guilty of terrorism in a case that his party says represented a politically-led campaign against him by the government of President Abdulla Yameen.

MDP MPs did not take part in the vote, but protested on the Majlis floor as deputy Speaker ‘Reeko’ Moosa Manik announced the vote, using megaphones and sirens to make his voice inaudible. The ruling Progressive Party of the Maldives has a strong majority in any case.

The law was passed by 42 votes in favour, with just two against.

Speaking to the press, MDP chairperson Ali Waheed said the party would not accept the amendment and would choose its own leader. Nasheed remains the MDP’s presidential candidate, the party has said, despite his jail sentence.

“The government, because they have absolute power, is trying to wipe out all political rivals. Note this, they will eventually try to disband the MDP. But how can they get rid of what is in our hearts?” Waheed said.

MDP MP Eva Abdulla said the party would not accept the government using the Majlis as “an extension of its tyranny to strip us of our democratic rights.”

“No amount of backtracking can strip him of the fact he formed the first political party in the country and became its first democratically elected leader. Or the fact that those who vote for this amendment today would not be in a political party if not for the hard work of this man to win them that freedom,” she told Minivan News.

Eva said the Majlis was being conducted unconstitutionally as standing orders prohibit sittings from going ahead without order on the floor. The MDP has been protesting on the floor at every sitting since March 2, and has said it will not stop until the government releases Nasheed.

The bill was never debated in parliament due to opposition protests, while PPM MPs were not responding to calls at the time of going to press.

The two MPs who voted against the amendment to the 2013 Prisons and Parole Act are Adhaalath Party MP Anara Naeem and Nolhivaram MP Hussein Areef, who recently resigned from the PPM.

The Adhaalath Party this month withdrew support for President Yameen’s administration, saying he was acting to eliminate political rivals, and instead formed an alliance with the MDP.

The amendment also bars prisoners from holding membership or leadership in non-governmental organizations for the duration of their prison term.

At an MDP protest outside the Majlis, Aminath Rasheedha, 47, said: “Yameen’s corrupt and unlawful government cannot decide who our presidential candidate is. That is for us to decide. Our president and leader will always be Mohamed Nasheed.”

MDP parliament protest

Separately, the ruling PPM has also submitted an amendment to the law on privileges for former presidents stripping any president who resigned – as Nasheed did, although he said it was under duress – from army protection and financial privileges.

Tensions are high in Malé, with the opposition’s daily protests now entering their seventh consecutive week. The police last week threatened to crackdown on protesters, claiming they were inciting violence and assaulting police officers.

Observers including the UN and Amnesty International have condemned Nasheed’s trial. Amnesty called it a travesty of justice, while the UN said it made a mockery of the constitution and international treaties.

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A new storm brewing over the Maldives

The following article is by Paulo Casaca, the Executive Director of the South Asia Democratic Forum (SADF).

Many Europeans flock to the beautiful Islands of the Maldives to spend their honeymoon, discover the amazing scuba diving possibilities, and walk in pure sandy beaches and to enjoy the warm hospitality of people of the island state. The Maldives is often referred to as Paradise on earth. Today, this statement could not be further from the truth. Many visitors are unaware of the political and constitutional turmoil, the increasing danger posed by fundamentalists, the inefficient and politicized judiciary, and the erosion of human rights and democratic principles. They are neatly tucked away on island resorts, while Malé is once again prone to turn into a battleground.

The 30 year long authoritarian era of former President Maumoon Abdul Gayoom, who ruled the country from 1978 to 2008, formally came to an end seven years ago, but the reality on the ground is different. Gayoom has managed to keep a firm grip on power through old friends, family members and beneficiaries.
When Mohamed Nasheed, a long time democracy campaigner won the country’s first multi-party elections in 2008, there was hope the longest reigning autocracy in South Asia would come to an end. Nasheed was able to initiate first steps in democratizing the island state, but his efforts were blocked by a destructive opposition that continued to act ewithin the same obstructive and totalitarian logic of the past. The 2012 coup d’état that ousted Nasheed from power, half-way through his term, showed that the forces of oppression had not been silenced and were still alive and kicking.

The dysfunctional state of democracy, especially with regards to the judiciary, became blatantly evident in the recent terrorism charges and sentencing of Nasheed through what can only be described as a “show trial.” The fact that judges presiding over the trial had acted as prosecution’s witnesses says it all. Not only are judged politicised, biased, and negligent of the constitution, they also lack professional education and training. In May 2013, the UN Special Rapporteur on the Independence of Judged and Lawyers Gabriela Knaul described the Maldivian Justice system as a “system in crisis” and expressed great concern over political bias and low qualifications. Nothing has changed in the past two years.

And nothing will change, if the international community shies away from robust measures. In 2004, the EU’s threatened sanctions on the Maldives in the wake of human rights abuses and totalitarian governance void of any democratic principles. Only then did the regime, under the auspices of supranational bodies, start changing its atrocious behaviour towards its own people. Only when the party cadre was affected personally, did they slowly and unwillingly soften their chocking grip on civil society and the hope of freedom.
Issuing statements is a good and necessary first step. It creates awareness, and generates and increases the interest of the public. But it is not enough.

If democracy wants to have a chance in the Maldives, the international community must help pro-democratic forces. Roughly a decade after the first wave of sanctions, the EU especially, has to consider imposing them again. Freezing foreign assets and all non-humanitarian aid as well as issuing travel bans are efficient tools in this regard.

There is a old Maldivian proverb, Furifá huri badiyale gudu gude naalhaane (roughly translated from Divehi: “The water pot that is full will not shake”). Under Nasheed, water was poured into the water pot, but it trickled away due to existing holes and new holes added by the then-opposition. Now the vessel is on the brink of being completely emptied. The EU and other supranational institutions should play their role in preventing the water from being absorbed by the authoritarian modus operandi.

All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to editorial@minivannewsarchive.com.

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Nasheed to sue four Criminal Court judges for defamation

Former President Mohamed Nasheed has decided to sue Criminal Chief Judge Abdulla Mohamed along with the three judges who presided over his terrorism trial for defamation.

In a press release today, the opposition leader’s legal team accused the Criminal Court of falsely claiming in the media on Thursday night (March 26) that it would release the full court report required for the High Court appeal as Nasheed had signed the transcripts.

However, the Criminal Court has yet to provide transcripts despite the legal team’s March 15 letter requesting the full case report. The court has made no move to get Nasheed to sign the transcripts, they added.

The Criminal Court found Nasheed guilty of terrorism on March 13 over the military detention of Judge Abdulla in January 2012. Many international and domestic observers have expressed concern over the rushed trial, claiming it was marred by major irregularities including the court’s refusal to call defence witnesses.

Nasheed’s lawyers and supporters last week urged the Criminal Court to release a report of case proceedings, but the court had previously blamed the delay in issuing the full report on Nasheed and his lawyers’ alleged refusal to sign statements made during court hearings.

In today’s press release, lawyers said the court had showed Nasheed a transcript of proceedings from the first hearing of the trial, but the former president refused to sign it as it did not accurately represent his statements at court.

“President Mohamed Nasheed requested amending the document by including what he said at court. But the Criminal Court has not done so to date,” lawyers explained.

The court attempted to get Nasheed to sign the transcripts on March 13, the press release continued, but Nasheed told the court officer he would sign it in the presence of his lawyers.

“The Criminal Court has been repeatedly saying that the report has been provided to us because President Nasheed has not signed it. However, the court has not made any attempt to get President Nasheed’s signature on the statements that should be included in the report,” the press release added.

The court’s subsequent claim last Thursday night that Nasheed has signed the report was therefore “a blatant lie.”

“Therefore, President Nasheed has decided to file a defamation suit at the Civil Court against Criminal Court Chief Judge Abdulla Mohamed and the three judges who presided over the case,” the press release stated.

The three judges are Judges Abdul Bari Yoosuf, Abdulla Didi and Sujau Usman.

Nasheed’s lawyers on March 26 announced the opposition leader would not seek an appeal at the High Court, stating he believed there was no opportunity for justice due to executive control of the judiciary.

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Nazim unfairly sentenced after an investigation and trial “rigged with irregularities,” says MDP

The Maldivian Democratic Party (MDP) has condemned in the “strongest terms” the sentencing of former Defence Minister Mohamed Nazim to 11 years in jail.

The Criminal Court on March 26 found Nazim guilty of smuggling weapons. Denying the accusation, Nazim had said the weapons were planted at his home by rogue officers on the orders of Tourism Minister Ahmed Adeeb.

Both the police and the Tourism Minister have dismissed Nazim’s claims as baseless and untrue.

The MDP said Nazim was sentenced in an investigation and a trial “rigged with irregularities.”

“Despite the state not being able to disprove the contradictions in testimony given by state witnesses and the irregularities in the Police investigation raised by the defence, the court sentenced Col. (Rtd) Nazim to 11 years in jail,” the party said in a statement today.

The MDP noted the Criminal Court did allow Nazim’s legal team to call the majority of defence witnesses on the claim they would “not negate” the prosecution’s evidence.

The opposition party also said the court had refused to address the “blatant irregularities” evident in the Maldives Police Service’s investigation of the case, ranging from the initial warrant to search the former Defence Minister’s residence, to the chain of custody process in relation to the weapons that were supposedly found in his apartment.

The statement also noted the “unlawful” trial was presided over by the same three judges who sentenced former President Mohamed Nasheed to 13 years in jail on terrorism charges on March 13.

“The sentences against President Mohamed Nasheed and Col. (Rtd) Nazim, arrests of over 120 people, including MPs and media, and the sending of 90 cases for prosecution against people detained from peaceful protests highlight the politicisation of the entire criminal justice system,” the MDP said.

‘There is no separation between the Government and the Judiciary in the pursuit of their political objectives. Their attempts to eliminate their political opponents through politically motivated charges and sham trials do not contain even a veneer of due process,” said MDP Spokesperson Hamid Abdul Ghafoor.

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US “deeply troubled” by Maldives’ questionable commitment to democracy, human rights

The United States has called into question the Maldives’ commitment to democracy and human rights following the imprisonment of former Defence Minister Mohamed Nazim and the arrest of three journalists from opposition protests last week.

“The United States is deeply troubled by recent developments in Maldives that call into question that nation’s commitment to democracy and individual human rights,” the US Department of State’s Office of the Spokesperson in Washington DC said on Friday.

Nazim’s “trial was particularly concerning, as it was marred by the same apparent lack of appropriate criminal procedures as the recent trial of former President Mohamed Nasheed,” said the office.

The Criminal Court on Thursday found Nazim guilty of smuggling weapons, and sentenced him to 11 years in jail. On March 13, the court convicted Nasheed of terrorism over the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012, and sentenced to him to 13 years in jail.

The US noted the Criminal Court’s refusal to call the majority of Nazim’s defence witnesses and said it had “concerns regarding the lack of impartiality and independence of the judges.”

Nazim’s lawyers have said the Criminal Court had obstructed the former Defence Minister from mounting a proper defence, and have said they will appeal the verdict at the High Court as soon as possible.

The US has called on the Maldives “to take steps to restore confidence in its hard-fought democracy and the rule of law, including judicial independence and freedom of press.”

Noting freedom of the press is a fundamental democratic right, the State Department said it was in touch with the government of Maldives to clarify why three journalists were detained without charges last week.

The three are opposition aligned Raajje TV’s Mohamed Wisam and Adam Zareer, and Channel One’s Mohamed Niyaz. They were arrested from the Alliance Against Brutality’s nightly protests on Wednesday and Tuesday, respectively.

The Maldives Police Services said the three journalists were arrested along with several protesters for “obstructing police duties and disobeying police orders.”

Meanwhile, Assistant Secretary of State for South and Central Asian Affairs Nisha Biswal said the “Maldives’ democratic institutions remain weak and are easily manipulated, while the judiciary has become politicised.”

Testifying before the House Foreign Affairs Committee’s Subcommittee on Asia and the Pacific on March 24, Biswal said increasing political turbulence in the Maldives was adding to mounting challenges, namely high youth unemployment, growing religious extremism and social unrest.

The sentencing of Nasheed, the country’s first democratically elected leader, calls “into question Maldives commitment to the minimum fair trial guarantees and the rule of law,” she added.

The US will continue to engage with the Maldives on counter-terrorism, maritime security and climate change issues in 2016, she said.

“Maritime security is of great concern due to potential threats posed by narcotics trafficking, piracy in the Indian Ocean, and sea-borne trade in illicit materials that could be potentially used for terrorist activity,” she said.

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After incendiary sermon, thousands pray for Nasheed and Nazim’s freedom

Following an incendiary Friday sermon warning unjust judges of hellfire, thousands gathered outside the Islamic Center in Malé at noon and prayed for former President Mohamed Nasheed and former Defence Minister Mohamed Nazim’s freedom.

Dozens of police officers attempted to disperse the congregation before the prayer began, but later watched on until the prayer was completed. The police then cordoned off the area.

The sermon, issued by the Ministry of Islamic Affairs, quoted several verses from the Qur’an and hadiths from the Prophet Mohamed’s Sunnah on the importance of delivering just verdicts and the wickedness of false testimony.

The unusually incendiary sermon comes in the wake of an 11-year jail term for Nazim on charges of smuggling weapons, and a 13-year jail term for Nasheed on charges of terrorism over the military detention of a Criminal Court judge.

The opposition has claimed the trials were unjust and marred with irregularities including the Criminal Court’s refusal to call defence witnesses and to allow adequate time and facilities to mount a defence.

Nazim maintains he was framed by rogue police officers on the orders of Tourism Minister Ahmed Adeeb, a claim the police and Adeeb have denied. Defence lawyers said prosecution’s witnesses had lied in court, and said the judges had violated the ex-defence minister’s right to defence.

Reading out the prepared sermon, Imams across the country said upholding justice was necessary for progress and the establishment of peace and order. Islamic Empires had progressed because they were founded on justice, they said.

Quoting from Surat al-Nisa, the sermon said: “Allah commands that you should render back the trusts to those to whom they are due; and that when you judge between men, you judge with justice.”

The sermon also urged judges to be fair, consider both sides of the argument and evidence in delivering a verdict. Providing false testimony is among the greatest of sins, it added.

Quoting from Prophet Mohamed’s Sunnah, the sermon said: “Judges are of three types, one of whom will go to Paradise, and two to Hell. The one who will go to Paradise is a man who knows what is right and gives judgment accordingly; but a man who knows what is right and acts tyrannically in his judgment will go to Hell; and a man who gives judgment for people when he is ignorant will go to Hell.”

Religious conservative Adhaalath Party’s scholars control the Islamic Affairs Ministry. The party recently withdrew support for President Yameen’s administration, and joined Nasheed’s Maldivian Democratic Party (MDP) under the banner “Alliance Against Brutality.”

The alliance has been organising daily protests in Malé.

After the sermon ended, the congregation of men and boys gathered outside the Islamic Center, adjacent to the military barracks and offered a prayer for Nazim and Nasheed: “Our beloved leader, a man loved by a majority of us, Mohamed Nasheed, has been unjustly sentenced and imprisoned. He has suffered and continues to suffer brutality. O Allah! Save Mohamed Nasheed from jail and keep him safe. Bless us in our work to establish peace and security in our country, and make us victorious.”

“Colonel Mohamed Nazim, a man who has dedicated his life to serving our people, has been falsely accused and unjustly imprisoned. Protect Mohamed Nazim and all Maldivians who suffer injustice.”

Opposition supporters last week also offered a similar prayer at the Islamic Center, prompting Home Minister Umar Naseer to call for police action against using mosques and surrounding areas to “make political statements.”

Dozens of opposition supporters on Baa Atoll Thulhadhoo Island also prayed for Nazim and Nasheed yesterday.

The alliance meanwhile held a march attended by hundreds in the afternoon and a rice pudding banquet at Raalhugandu area at night in Malé. There were protest marches on Thulhadhoo and Gaaf Alif Atoll Kolamafushi as well.

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Nasheed to wait on appeal until Criminal Court provides full case report

Former President Mohamed Nasheed has decided to wait on appealing a 13-year jail term until the Criminal Court provides both a full transcript of court proceedings and sufficient time to prepare, despite a looming appeal deadline of Thursday (March 26).

The Criminal Court has so far only provided a judgment summary, and not a full case report as requested by lawyers.

The court today blamed the delay in issuing the full report on Nasheed and his lawyers’ alleged refusal to sign statements they had made during court hearings.

Another unnamed individual had also failed to sign off their statements, the Criminal Court said, adding that it could not release full proceedings without the required signatures.

“We hereby publicly announce that if there is a delay in releasing the detailed case report, it is not because this court has failed in its duty, but because Mohamed Nasheed and his lawyers have not cooperated with the court,” the court said in a statement.

But Nasheed’s lawyers said the former president had refused to sign the statements only because they contained serious errors, which they say the Criminal Court has so far refused to correct.

“For example, the statement of witness testimony from the Chief of Defence Force contains statements he did not make in court. Further, the Criminal Court omitted President Nasheed’s request for medical attention at the first hearing on February 23,” lawyer Hisaan Hussein told Minivan News.

She also noted the statements were not a transcript of all that was said at court, but a summary, which had resulted in omissions and paraphrasing of the actual comments.

In a statement issued today, Nasheed’s lawyers said the Criminal Court has been “repeatedly obstructing President Nasheed’s constitutional right to appeal and imposing administrative restrictions by failing to provide the court report to date.”

“The full case report would include the testimonies of prosecutor’s witness which was recounted by the Judge wrongly, submissions made regarding documentary evidence, closing statement submitted by the prosecution, detailed findings of the judges with reference to the evidences and conflicting rulings made on many aspects of procedural law which was contended during the trial.

“Additionally, since the first and last three hearings were conducted in the absence of legal representation, the arguments and submissions made by the prosecution regarding witness testimonies, documentary evidence and closing statement will be known only after we receive the full case report,” lawyers said.

A High Court appeal could be filed solely based on the judgment summary, but Nasheed’s lawyers said they would then only have the opportunity to argue within the parameters raised in the initial submission.

As issues contended in subsequent hearings would only be considered at the discretion of judges, it is imperative that Nasheed receives the case report to prepare his appeal, lawyers said.

The Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor claimed the Criminal Court is “using every procedural trick in the book to deny President Nasheed’s right to appeal.”

“The Criminal Court conducted a disgraceful and blatantly politicized trial, and now they are busy trying to hamper the appeal,” he added.

Nasheed was convicted of terrorism on March 13 over the January 2012 military detention of Judge Abdulla in a trial many international and domestic observers called a “travesty of justice.”

The UN High Commissioner for Human Rights Zeid Ra’ad Al Hussein and the UN Special Rapporteur on Independence of Lawyers and Judges Gabriela Knaul last week urged the Maldives to guarantee that Nasheed’s appeal would respect the most stringent fair trial standards and observe due process, including adequate time for preparation.

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,” Zeid said.

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