Foreign minister slams alleged attempts to place Maldives on CMAG agenda

Foreign Minister Dunya Maumoon has slammed alleged attempts to place Maldives on the formal agenda of the Commonwealth Ministerial Action Group (CMAG) over former President Mohamed Nasheed’s trial on terrorism charges.

Speaking to the press at the President’s Office today, Dunya accused unnamed “foreigners” working alongside local opposition politicians of pushing for CMAG action against the Maldives on the grounds that the opposition leader’s trial was unlawful and unfair.

Nasheed’s trial was proceeding in accordance with laws and regulations, Dunya insisted, arguing that the “issue does not necessarily have to be taken to CMAG.”

Dunya also claimed there was “no international pressure” regarding Nasheed’s trial, stating that other countries would not be allowed to meddle with Maldives’ domestic affairs.

“CMAG placed us on their agenda in 2012. We believe it was not the best action and CMAG also has the same views,” said Dunya.

“Commonwealth does not want to go through the same experience. It was a bitter experience.”

Nasheed is  presently on trial at the Criminal Court over the military detention of Criminal Court Chief Judge Mohamed Abdulla in 2012.

If convicted, the opposition leader faces ten to 15 years of imprisonment or banishment.

Meanwhile, a ruling Progressive Party of Maldives (PPM) MP has proposed amendments to the Prisons and Parole Act that if passed would effectively strip Nasheed of his party membership.

Also speaking at the press conference today, Attorney General Mohamed Anil – who recently flew to Sri Lanka to brief diplomatic missions about Nasheed’s prosecution – said the international community raised a number concerns.

Anil revealed that foreign diplomats inquired as to why the charges against Nasheed were abruptly changed from arbitrary detention to terrorism, while sharing concerns over the swift speed of trial proceedings.

The attorney general said the Maldives delegation responded by explaining that the Judge Abdulla’s detention was not arbitrary detention as he was neither presented at court within 24 hours nor released despite several court orders.

Anil also dismissed Nasheed’s legal team’s claim of insufficient time for preparation, arguing that his lawyers have had access to the prosecution evidence and witness testimony since 2012. The only difference was the charge of terrorism, he said.

Dunya meanwhile said that she recently briefed numerous diplomats regarding the trial during trips to Geneva and the United Kingdom, including Minister of State for the UK’s Foreign and Commonwealth Office Hugo Swire.

Swire had previously released a statement stressing the importance of following due process and respecting Nasheed’s rights “for international confidence in the Maldives.”

“It is also incumbent upon the Government of Maldives to ensure his safety. We urge calm right across Maldives and we encourage all parties to act with moderation and restraint,” he said.

“The UK will continue to monitor the situation closely.”

Maldives was previously placed on the formal agenda of CMAG after Nasheed controversially resigned in February 2012 in the wake of a police mutiny.

Pro-government MPs at the time alleged that the Commonwealth was being bribed by opposition supporters, with MP Riyaz Rasheed claiming that the United Kingdom was “not a democracy” and that the queen was “physically challenged.”

After the Commonwealth Secretary-General released a statement last month expressing concern with denial of legal representation to Nasheed, Dunya issued a counter-statement expressing regret with “the strategic misrepresentation of basic facts in the Secretary General’s statement.”

“I wish to recall that the Commonwealth Secretariat had misread the situation in the Maldives once before, in 2012 and presented it to the CMAG, which took punitive measures against the country,” Dunya said.

“The Maldives, however, emerged from the situation vindicated by the CoNI Report. The government is hopeful that the Commonwealth will not repeat the same mistakes again.”


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PPM accuses international community of “double standards and hypocrisy” in Nasheed’s trial

The ruling Progressive Party of Maldives (PPM) has condemned the international community’s “hypocrisy and double standards” with regards to an ongoing terrorism trial against former President Mohamed Nasheed.

Nasheed is accused of abducting Criminal Court Chief Judge Abdulla Mohamed in January 2012. If convicted, he faces a jail term or banishment between ten and 15 years.

Speaking to the press today, MP and PPM Spokesperson Ali Arif said the former president is “close to the international community’s hearts” because he had allegedly “spoken against Islam while abroad.”

The ruling party said “many observers, ‘experts’ and ‘proponents of democratic values’ including many countries and organisations had ignored the many unconstitutional and undemocratic actions of President Nasheed.”

The Commonwealth, EU, Canada, UK, Australia and India have expressed concern over new terror charges against Nasheed, and denial of legal representation and police mistreatment at the trial’s first hearing.

“We wish to ask these observers and organisations whether they really ‘condone the kidnapping of judges.’ Would they call for individuals, and those in positions of authority, to walk free, without any burden of responsibility, after conducting such actions in their own countries?” reads a press statement issued in English.

“Where was the ‘international community’ when the Supreme Court was locked up?” it continued.

The international community had remained “disturbingly silent” when Nasheed “systematically harassed and persecuted” former President Maumoon Abdul Gayoom, “arbitrarily arrested and detained” then MP and current President Abdulla Yameen, Jumhooree Party (JP) Leader Gasim Ibrahim, Adhaalath Party’s Sheikh Imran Abdulla, and current Vice President Dr Mohamed Jameel Ahmed, the statement said.

When Judge Abdulla was detained, “only a few organisations released statements condemning this illegal act,” but today “every minor incident in Maldives warrants a statement by some countries and organisations while many serious and deteriorating situations in other countries are ignored,” it added.

The party called on the international community to respect Maldives sovereignty and not to undermine its institutions.

PPM also accused the opposition Maldivian Democratic Party (MDP) and media of defaming President Yameen and former President Gayoom to “undermine the good name and respect the Maldives holds in the region and the international arena.”

Stressing the PPM remained committed to strengthening and consolidating democracy in the Maldives and protecting human rights, the party said it believed “justice should take its course and no man is above the law.”

The ruling party invited all international parties to come forward and observe the “actual situation” in the Maldives, “which despite distortions of facts perpetuated by some media remain calm and normal.”

Meanwhile, the MDP continues to hold daily protests, with MDP MPs disrupting parliamentary proceedings, while party supporters continue numerous protests in Malé, at the airport and at sea.

Police previously informed Minivan News over 77 individuals have been arrested at opposition protests, with 33 of them being released on condition that they do not go to further protests.

Recently, an open letter signed by 31 global activists and film makers, including Nobel Peace Prize Laureate Jose Ramos-Horta, called on the international community to use all resources to “pressure the government to free” Nasheed and “desist in all human rights abuses against him immediately.”

Ramos-Horta and Benedict Rodgers, the deputy chairman of the Conservative Party Human Rights Commission in the UK, in a Wall Street Journal op-ed on March 9 called for international sanctions against the Maldives.

“Options include targeted sanctions, freezing the overseas assets of senior members of the regime and suspending the Maldives from the Commonwealth. Tourists should consider boycotting the Maldives, especially resorts owned by regime cronies,” they wrote.

Australian Senator James McGrath has also described the trial against Nasheed as a “state planned judicial assassination,” saying that President Abdulla Yameen was becoming the “Robert Mugabe of the Indian Ocean.”

Foreign Minister Dunya Maumoon has previously condemned international statements of concern, saying: “No foreign power can tell Maldives what to do under President [Abdulla] Yameen.”

“To criticize us in public statements with lies or based with having only heard the opposition’s point of view is not acceptable. The government will not accept these statements and will not pay any attention to them,” Dunya said.


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Comment: Get up, stand up

This article first appeared on DhivehiSitee.com. Republished with permission

It is an extremely tense day in the Maldives as tens of thousands of people wait on tenterhooks for what seems to be the inevitable: the imprisonment of opposition leader, former president and icon of democracy, Mohamed Nasheed.

The outcome of the ‘trial’ which Nasheed has been subjected to is certain, the verdict written long before he was charged with ‘terrorism’ and remanded in custody on the island of Dhoonidhoo on 22 February.

Everything that followed since that Sunday, over two weeks ago now, has been a sham and a travesty against justice. The barbarity was put on full display to the world, when Nasheed was brought to ‘court’ for the first hearing. Policemen, belonging to the notorious Special Operations, pushed and shoved Nasheed to the ground.

Pictures and videos of the event shocked the country, and the world.

The current rulers, led by Yameen Abdul Gayoom, shrugged off the outcry with nonchalance. Locally, the police claimed Nasheed had pulled a stunt, fallen to the ground voluntarily like a footballer faking an injury looking for to be rewarded with a penalty. It did not matter that video and pictorial evidence told a different story.

Internationally, foreign minister Dunya Maumoon was recalcitrant, insisting that Nasheed’s trial is a ‘domestic issue’ that no foreigners have a say in. The government remained impervious to all outside criticism. Even the cancellation of a planned trip by India’s Prime Minister Narendra Modi, a diplomatic slap of substantial magnitude, did not make any impact on its determination to pursue with their chosen path of leading Nasheed to jail. In fact, as time passed, the government grew more belligerent.

Yameen Abdul Gayoom said on March 9 that people in distant foreign lands should butt out of Maldivian affairs. Brushed aside were the many international treaties which the Maldives is signatory to, which gives the international community the right to particular actions during certain circumstances — such as in times of the destruction of rule of law.

‘Trial’

And what a destruction it has been. Every hearing in the court, itself unconstitutional, has dealt a deathblow to the concept of rule of law. The Prosecutor General’s appointment now appears to have been engineered for the very purpose of this prosecution, as are the panel of three ‘judges’. None of them have adequate legal qualifications, and all of them are in each other’s pockets. All of them have close ties to the man at the centre of these ‘terrorism’ charges—Ablow Ghaazee, himself accused of misconduct and corruption—who Nasheed allegedly ‘kidnapped’.

The three man bench has obstructed justice at every opportunity, refusing to give Nasheed’s lawyers enough time to study evidence; giving them evidence on CDs that do not open or have been damaged; refusing Nasheed the opportunity to appoint new lawyers when the current ones objected to their unlawful treatment; and incredibly, refusing to allow Nasheed to present witnesses with the judgement that no witness can disprove the prosecution case.

Every hearing has been held after sundown, and Nasheed brought to court in darkened vehicles under heavy police escort. The lengths to which prosecutors have gone to separate Nasheed and his supporters, and to prevent media from taking pictures of him, have been ludicrous at times.

On 8 March, about an hour before Nasheed was brought to court, the powers that be spread a blue banner across the entrance to the building, placed strategically to cover the camera angle from which Raajje TV usually shoots Nasheed’s court arrival. The banner read ‘Welcome, International Women’s Day.’ A blatant mockery not of justice alone, but also of women.

There has been much anguish among Nasheed’s supporters. On February 27 tens of thousand came out to protest against the court’s decision to remand Nasheed in custody throughout the trial. It was the biggest political gathering the capital island of Male’ had ever seen. People flooded the main street of Majeedhee Magu almost covering it from end to end.

Since then there have been protests every night and every day in various different locations across the country. But the government is refusing to listen to them no matter how many there are; it seeks to shut them down instead.

Every protest is manned by hundreds of Special Operations police, sometimes with reinforcements from the army. Almost every other protest ends in brutality and/or arrests. Scores have been arrested, taken to prison, then released with the unconstitutional condition that they don’t protest for periods of time as set by the court-–sometimes days, sometimes months.

Leaders of the MDP are handpicked for the arrests, making sure that less and less of them will be able to join protests against Nasheed’s arrest. One person—MP Fayyaz Ismail—refused to sign the court’s unlawful protest ban. He was given an extra 15 days in custody. There is no legal basis for such an order.

An increasing number of locations are being declared ‘no-protest zones’ for various reasons: for residents’ peace; for local business interests; for law and order, etc. etc. Freedom of assembly is being rolled back swiftly, and without hesitation. Other associated freedoms are under similar attack. Journalists are being barred from covering the trial without legal reason. Reporters are being banned from videoing places they are legally allowed to. Police are forcing them to delete footage already recorded without legal authority to do so. The state broadcaster is continuing to ignore the biggest ‘trial’ in the country’s recent history, completely ignoring its duty to keep citizens informed.

Thumbs down

Meanwhile, Yameen and members of his ruling cabal are relishing the distress and helplessness of supporters of democracy and Nasheed. Decorum and statesmanship are nowhere to be seen. When MDP MPs protested against Yameen’s inaugural speech in parliament, he gave into his indignation, getting up and waving his thumbs up and down, then up again, like a crazed Caligula in Roman times.

Yameen’s trusted sidekick, Tourism Minister Ahmed Adeeb, who has shrugged off corruption charges amounting to millions of US dollars and engineered the unconstitutional removal of the auditor general who dared bring up the charges, led a motorbike procession on the streets of Malé this weekend, calling to expedite Nasheed’s conviction.

Among the rats led by this pied piper on a bike with a Rolex watch on his wrist and a sapphire ring on his finger, was the current defence minister, ex-military General Moosa Jaleel. Jaleel in his eagerness to belong to Yameen’s cabal, and thus enjoy automatic immunity, forgot that he is himself on trial for the same charges he was calling Nasheed to be convicted for.

To further increase the public disgust level [or degree of impressiveness, if the onlooker is a supporter of Bro Adeeb], Adeeb has led a ‘movement’ that mimics Yameen’s thumbs-down gestures as if it is something to be celebrated and not shamed by. He has posed with his thumbs down with cabinet ministers and parliament members—as well as with his usual string of young, disaffected men on the fringes, and in the heart of, Maldives’ violent gang culture. Everyone in the Motorcade of The Shamelessness wore t-shirts emblazoned with a thumbs-down signal.

This hatred of Nasheed as a person cultivated with relish by Yameen and Adeeb has been embraced by thousands of their supporters. It has blinded them to the fact that what is being destroyed in this sham is not just Nasheed’s personal freedoms but also every single Maldivian’s many civil and political rights and their right to equal justice for all.

The fundamental problem with the Maldives’ transition to democracy was that it was unable, and oftentimes unwilling, to reform the judiciary. Few had the foresight to see where the democratic transition would end without an independent judiciary based on the principles of rule of law. Now, even on hindsight – with the results on full display – many are still too blinded by personal vendettas, grudges and hate to see that this ‘trial’ of Nasheed is the last nail in the coffin for a democratic future for the Maldives.

Years of anti-Nasheed propaganda have closed people’s eyes to the fact that whatever wrong he may have done, if they want themselves to be treated fairly and equally and live in a just society, they must protest against the injustice he is being subjected to.

Today it is the moral obligation for every Maldivian to stand up against injustice. The subject of concern is not a particular individual, be it Nasheed, Nazim, the common man jailed for six years for stealing a jar of fish-paste; or the murderer who is allowed to walk free because he is in the inner cabal. It is justice itself.

Last time the people should have stood up en masse for justice and did not, the Maldives was robbed of a free and fair election. The result is in office, orchestrating injustice, via the courts that engineered his election. This time if the people fail to stand up, it will shut all doors to another election in the foreseeable future; along with the doors to equal justice for all, quite likely for generations to come.

Dr Azra Naseem has a PhD in International Relations

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 [email protected]



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“I was not afforded the rights of the accused,” says Judge Abdulla

Criminal Court Chief Judge Abdulla Mohamed testified in a terrorism trial against former President Mohamed Nasheed tonight, stating the former Commander in Chief must bear responsibility for his “unlawful arrest” in January 2012.

“I was not afforded the rights of the accused. My basic human rights were violated. I had no access to a lawyer,” Judge Abdulla told the court.

He claimed he is still unclear as to why he was kept detained from January 16 to February 7.

Nasheed is accused of abducting Judge Abdulla and is standing trial for terrorism. He has denied charges. If convicted, he faces a jail term or banishment between ten and 15 years.

The opposition leader once again reiterated a request for legal counsel and adequate time to mount a defence, pointing out that he had difficulty in appointing a lawyer while detained in Dhoonidhoo.

All four of Nasheed’s lawyers quit yesterday over the Criminal Court’s alleged failure to provide sufficient time to examine the prosecution’s evidence and prepare to defend the former president against new terror charges pressed two weeks ago on February 22.

Nasheed has previously called the Criminal Court’s rushed trial an “injustice” and “the biggest circus the Maldives has seen in constitutional history.”

But presiding Judge Abdulla Didi insisted there was no obstruction to Nasheed appointing a lawyer, and said the former president had been given ample opportunity to obtain legal counsel.

Judge Didi adjourned the hearing after scheduling the next hearing for Friday night (March 13), where the defence and prosecution are to present concluding statements.

Judges could issue a verdict at their discretion afterwards.

“This is what the President wants…”

Recounting his arrest, Judge Abdulla said he had gone home from work late on January 16, and was having dinner with his wife when masked men in military uniform entered his home without a court warrant and “dragged me off to Girifushi.”

In the process, his arm was hurt, he said. Since he had been arrested at 12am, he did not know where he was being taken, and only found out he was in Girifushi much later, Judge Abdulla said.

Senior government officials including former Defence Minister Tholhath Ibrahim Kaleyfaanu, then-Minister of Youth Hassan Latheef and former Presidential Envoy Ibrahim Hussein Zaki visited Judge Abdulla in Girifushi, he said.

Judge Abdulla said the meetings with government officials made it clear to him they did not have authority to make a decision on his detention.

Their use of phrases such as “this is what the President wants,” made it clear the then-Commander In Chief was responsible for his detention on Girifushi, Judge Abdulla said.

Government officials offered him four options, to step down as the Criminal Court Chief Judge, to transfer to another job, to leave Malé or leave the country, he continued.

Judge Abdulla was summoned to court tonight by presiding Judges Abdulla Didi, Abdul Bari Yoosuf and Sujau Usman. He was not listed among the prosecution’s witnesses and neither the state prosecutors nor Nasheed posed any questioned to the judge tonight.

Mount a defence

Nasheed requested ten additional days to appoint new lawyers stating: “You have to give a detainee the opportunity. You know very well the laws and rules you have to follow.”

But Judge Didi said the Criminal Court would not give the former president special access or privileges and said he could appoint new lawyers whenever he wishes.

Nasheed’s legal team had been given access to Dhoonidhoo Island even today, Judge Didi noted.

However, the opposition leader argued the four lawyers had dropped the case due to the Criminal Court’s denial of due process and adequate time to prepare defence, and said he required time to appoint a new lawyer of his choosing.

“Lawyers don’t grow on trees,” he said.

The office of the former President Mohamed Nasheed issued a statement tonight, pointing out defendants in other high profile cases had been given over a month to find legal representation, and the court proceedings last more than a year.

The statement also expressed concern over the Criminal Court’s decision not to hear the witnesses Nashed had submitted in his defence.

The judges said they did not believe the witnesses would negate the testimony of witnesses produced by the state, and were therefore unnecessary.


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Opposition MPs continue Majlis protests

The opposition Maldivian Democratic Party (MDP) MPs have continued protests at the People’s Majlis, disrupting proceedings for the fifth consecutive parliamentary sitting since the Majlis opened on March 2.

However, ruling Progressive Party of the Maldives (PPM) accepted an amendment to the Prisons and Parole Act amidst opposition protests. The amendment, submitted by Gemanafushi MP Jameel Usman, bars individuals serving prison sentences from holding a leadership position within political parties or other associations.

MDP MPs have been protesting over the arrest and terrorism charges against opposition leader and former President Mohamed Nasheed. If convicted, he faces a jail term or banishment between ten and 15 years.

If the amendment is passed and if Nasheed is convicted, it could effectively strip Nasheed of his presidency with the MDP and his membership.

When Majlis began at 9am, MDP MPs gathered at the secretariat’s desk calling for the the immediate release of President Nasheed and other political prisoners including former Defence Minister Mohamed Nazim.

Some MPs were blowing stadium horns while MDP MP Ali Azim was calling for Nasheed’s release through a megaphone.

Crossing the line

Speaking to Minivan News, PPM parliamentary group leader Ahmed Nihan said that he understands the opposition’s need to protest, however saying that they are “crossing the line.”

“Freedom of expression is granted to fullest extent on the People’s Majilis floor,” said the Vilimalé MP.

“Members are allowed to express themselves freely unless they contradict a tenet of Islam. However, that does not mean members are allowed to do whatever they want on the floor,” he continued.

Nihan said MPs should follow due procedure and lodge a complaint at the secretariat’s desk, saying that the floor will become a “battleground” if the opposition MPs keep on protesting every day.

“We understand their need to protest. Their leader is under arrest and standing trial so it is obvious that they would protest. But we want them to do it in a manner which does not prevent parliament proceedings,” Nihan said.

On March 2, ruling party Progressive Party of Maldives (PPM) MPs also protested, with several carrying placards which read: “Nasheed deserves to be in prison,” “Nasheed supports terrorism” and “MDP must learn democracy.”

MDP MP Imthiyaz ‘Inthi’ Fahmy said that the opposition would protest “indefinitely” until the state addresses the issues highlighted at the parliamentary protests.

“The current defense minister has been accused of being a terrorist. The most popular politician is being tried at a Kangaroo Court and is going to be put in jail. We will not stop the protests,” Fahmy said.

Fahmy accused PPM members of inciting violence within the parliament.

Meanwhile, PPM MP Ahmed Thoriq has written to the Parliament speaker Abdulla Maseeh alleging that former PPM MP Ahmed Mahloof hit PPM MP Riyaz Rasheed during the presidential address on March 2.

Nihan also accused MDP Medhuhenveiru MP Ali Azim of hitting Nihan with his elbow during yesterday’s parliamentary session. Fahmy has dismissed claims of assault as lies.


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Nasheed trial unjust, says Adhaalath President Imran

The terrorism trial of former President Mohamed Nasheed is unjust, the religious conservative Adhaalath Party (AP) President Sheikh Imran Abdulla has said.

Maldivian Democratic Party (MDP) leader Nasheed is being tried in the Criminal Court for allegedly ordering the arrest of the court’s Chief Judge Abdulla Mohamed in 2012 while in office. If found guilty of the charge, Nasheed faces a jail term between 10 and 15 years.

At last night’s hearing the Criminal Court judges Abdulla Didi, Abdul Bari Yoosuf, and Sujau Usman rejected Nasheed’s witnesses, saying that they would not counter the state’s claims.

“Nasheed is not being tried fairly. Treating Nasheed fairly and justly is what we believe in,” Adhaalath president Imran told VTV.

On Sunday, the party withdrew its support for President Abdulla Yameen citing “increased violence and corruption” within the government. Although Adhaalath is yet to join the opposition Jumhooree Party (JP) and MDP coalition, they have said the party would be willing to sit down for discussions.

“The tension between [political rivals] should not result in the disregarding his [Nasheed’s] rights.”

Nasheed’s legal team refused to continue with his defence yesterday, claiming the court had not given them adequate time to prepare. The Criminal Court bench presiding over Nasheed’s trial dismissed his request to hire new lawyers stating they had already been given enough time.

At every opportunity Nasheed repeated his request for legal counsel of his choosing, and reiterated his belief that the trial was unjust and unlawful.

Judge Didi was with Judge Abdulla in his home when the military had arrested him. Judge Abdulla had called Judge Bari to inform him of the arrest shortly before he was arrested.

Previously Nasheed’s lawyers had requested that judges Bari and Abdulla Didi step down from the bench. But the Criminal Court bench had ruled they had no conflict of interest which would require them to retire from the case.

Along with Nasheed, former Chief of Defence force and current Defence Minister Moosa Ali Jaleel, ex-Malé area commander for the military MP Ibrahim Didi, ex-colonel Mohamed Ziyad and Nasheed’s Defence Minister Thalhath Kaleyfaanu also face terrorism charges regarding the detention of Judge Abdulla.

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

The Criminal Court tonight continued to hear evidence against former President Mohamed Nasheed in an ongoing terrorism trial, dismissing the opposition leader’s repeated requests for legal counsel.

“I want a lawyer. This is not a court of law. This is injustice. This is the biggest circus this country has seen in its constitutional history,” Nasheed told Judges Abdulla Didi, Abdul Bari Yoosuf and Sujau Usman.

All four of Nasheed’s lawyers quit today in protest of the Criminal Court’s alleged failure to provide adequate time to mount a defense.

The former president is accused of ordering the military detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012. If convicted under the 1990 Anti-Terrorism Act, he faces a jail term or banishment between ten and 15 years.

“I call on all Maldivian citizens to stop this atrocity the three of you are committing here, to summon you before a court of law and ensure justice,” Nasheed said in court today.

He accused the three judges of authoritarianism, taking the law in to their hands and ripping the 2008 Constitution to shreds. The opposition leader also said he preferred an immediate sentence over a trial without legal representation.

The Criminal Court adjourned today’s hearing after announcing Judge Abdulla would be called to court tomorrow night. However, the four defence witnesses would not be summoned as they do not appear to counter the state’s claims, judges said.

Nasheed was arrested on February 22, ahead of the surprise terrorism hearing scheduled for the next day. The Criminal Court has held eight hearings since then.

Documentary evidence

State prosecutors tonight presented video recordings of two speeches Nasheed had made in public on January 22, 2012 and on July 2, 2012, and an audio recording of comments made at the police HQ on January 18, 2012.

A video of Judge Abdulla’s arrest was also screened in court, showing masked soldiers escorting the judge out of his home and into a military vehicle. The video showed Judges Didi and Yoosuf active at the scene of Judge Abdulla’s arrest, Nasheed pointed out.

In the January 22 speech at Raalhugandu area in Malé, Nasheed said judges were undermining the constitutional powers of the judicial watchdog body tasked with disciplining judges. As the head of state, he said he was obliged to take action, but said arresting individuals gave him no satisfaction.

Nasheed also said judges must have the required qualifications, honesty and integrity.

In the July 2 speech, Nasheed described Judge Abdulla Mohamed as a national security threat and said he had ordered the Maldives National Defence Forces (MNDF) to treat Judge Abdulla as such, upon a request from the Home Minister and the Commissioner of Police.

Meanwhile, in an audio clip of comments made to police officers on January 18, Nasheed said he would not allow Judge Abdulla within 100 meters of a courthouse during his presidency.

State prosecutors also read from a transcript of a conversation between Nasheed and his cabinet on January 17, 2012, in which the former president asked his ministers their opinion on releasing Judge Abdulla or keeping him detained.

A log of MNDF’s observations of Judge Abdulla’s activities while at Girifushi, and several Supreme Court and High Court rulings ordering the judge’s release were also presented.

State prosecutors said Nasheed’s comments demonstrated he had directly ordered the judge’s arrest, while the video of the arrest, the military logs and court orders demonstrated the judge had been incarcerated against his will on military training island Girifushi.

At every opportunity, Nasheed repeated a request for legal counsel of his choosing, and reiterated his belief that the trial was unjust and unlawful.

The Criminal Court dismissed Nasheed’s requests, claiming the former president and his legal team had been afforded adequate time. They have previously argued case documents had been provided three years ago when charges of ordering Judge Abdulla’s “arbitrary detention” were filed against Nasheed.

However, lawyers in a statement on Monday evening noted Prosecutor General Muhthaz Muhsin had withdrawn the lesser charges and pressed harsher terrorism charges on February 22.

“Even though we had the case documents for three years, we were reviewing and researching those documents and evidence to mount a defence for the intial charges,” the lawyers said.

“We have to start work all over again in order to build a defence for the new terror charges. This is why we keep reiterating requests for additional time in the ongoing hearings.”

The basis of defence arguments are now different, lawyers argued, stating it was “impossible” to provide Nasheed with proper legal counsel without sufficient time.

Meanwhile, the High Court on Monday threw out an appeal filed by Nasheed in which he claimed the Prosecutor General was not authorised to re-prosecute on new charges.

The appellate court claimed the appeal required interpreting the Constitution and said it had no jurisdiction over the matter.

Nasheed had also appealed the Criminal Court’s decision to keep him under custody until the trial ended. Lawyer Hisaan Hissein has previously said the High Court had rejected the appeal by classifying the Criminal Court’s bail denial ruling as a court summons.

Lawyers have also appealed the initial arrest warrant, and the Criminal Court’s refusal to recuse Judges Abdulla Didi and Judge Abdul Bari Yoosuf despite the pair having provided witness statements to a 2012 investigation into Judge Abdulla’s arrest.

Judge Abdulla’s arrest sparked 22 consecutive nights of violent anti-government demonstrations that culminated in a police and military mutiny on the morning of February 7, 2012, forcing Nasheed to resign in what he subsequently called a “coup d’etat.”


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Raajje TV barred from Criminal Court, accused of threatening judge

The Criminal Court has accused opposition-aligned Raajje TV of threatening Judge Abdul Bari Yoosuf and has barred the station’s journalists from attending court hearings.

A Raajje TV journalist and cameraman were briefly detained last night around midnight after they videotaped an alleged meeting between Judge Bari and Prosecutor General Muhthaz Muhsin at Café Layaali in Malé.

“Raaje TV has been barred from attending hearings because they are spreading lies about judges, meddling in judges personal affairs and engaging in actions that may harm judges,” a Criminal Court official told local newspaper Haveeru today.

Judge Yoosuf sits on a three-judge panel overseeing a series of high profile cases, including terrorism trials against former President Mohamed Nasheed and former Defence Minister Tholhath Ibrahim Kaleyfaanu, and an illegal weapons trial against former Defence Minister Mohamed Nazim.

Raajje TV has declined to comment on the matter, stating they have not yet received official communication of the Criminal Court’s decision.

Nasheed’s lawyers had previously asked Judge Bari and Muhsin, also a former Criminal Court judge, to excuse themselves from the case, arguing the pair had a conflict of interest as they had provided witness statements during a 2012 investigation into their colleague’s arrest.

Judge Abdulla had called Judge Bari on receiving news of his impending arrest, while Muhsin had been at Judge Abdulla’s home during the arrest, witness statements reveal.

The defence team has now called Muhsin to the witness stand. Meanwhile, Judge Bari has refused to step down from the bench, claiming judges could choose between adjudicating or testifying.

According to a Raajje TV editorial staff who wished to remain anonymous, Muhsin and Yoosuf were sitting at the same table smoking shisha last night. The alleged meeting took place hours after the seventh hearing of Nasheed’s terrorism trial.

“Our staff only videotaped the meeting. Muhsin walked away the second they started asking questions,” he said.

Mushin, however, has denied meeting Bari, and said he would resign from the prosecutor general’s post if the meeting could be proven. He said the judge was already at the café when he went there for a private meal with his family members.

“Most of the cafés are crowded with politicians these days. Layaali is one of the few places you could go and enjoy a cup of coffee in peace. That’s why I went there, but I wasn’t with Bari,” Muhsin told Minivan News today.

The TV crew had not even recognised him as they were solely focused on videotaping Judge Bari, the PG added.

“The crew were right next to me. But I don’t even think they recognised me. Because they didn’t videotape me, they were taping Bari who was sitting at another table. I don’t know why they would accuse me of such a thing. Anyone there would clearly see that I was sitting with a separate group of people and Judge Bari was sitting at another table,” he said.

According to the Raajje TV staff, when Muhsin left the café, Bari demanded to know who the crew members were. Café staff then ordered the crew to erase footage.

“Bari also ordered the crew to confiscate the camera but our crew resisted,” he said.

Ruling Progressive Party of the Maldives (PPM) MP Ahmed Assad arrived at the café shortly afterwards with a group of young men and forced the cameramen to delete the footage, he said.

The crew “got away unharmed” because of their security guards, he said. Specialist Operations (SO) police officers then arrested the crew escorted them to the police HQ.

The police conducted body searches and took statements from the crew. They were released afterwards.

A police spokesperson insisted Raajje TV crew members had not been arrested, but detained briefly for videotaping in Café Layaali without the owner’s permission.

In 2013, the watchdog Judicial Service Commission suspended Judge Bari for over a year pending the outcome of a complaint lodged against him for alleged misconduct.

Although the commission did not reveal any details of the complaint, local media reported that a female attorney from the Prosecutor General’s Office had alleged that Bari had sexually assaulted her.

Bari was cleared of the allegations and resumed duty at Criminal Court on July 24, 2014.


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Defence Minister Jaleel leads “Sentence Nasheed now” motorbike rally

Defence Minister Moosa Ali Jaleel and Tourism Minister Ahmed Adeeb led a motorcycle parade on Saturday calling for a speedy judgment in former President Mohamed Nasheed’s terrorism trial over the 2012 military detention of Criminal Court Chief Judge Abdulla Mohamed.

Jaleel was the chief of defence forces when Judge Abdulla was arrested and faces the same terrorism charges. If convicted, the pair face between 10 and 15 years in jail or banishment.

Senior government officials, ruling Progressive Party of the Maldives (PPM) MPs and hundreds of young men took party in the rally. They carried placards that read:  “Justice for Judge Abdulla,” “Sentence Nasheed now,” “Everyone is equal in front of the law.”

Jaleel has denied involvement in Judge Abdulla’s arrest, claiming the chief of defence forces had been reduced to a “ceremonial” official by then-Defence Minister Tholhath Kaleyfaanu.

Four state witnesses have backed Jaleel’s statement in court, claiming he had not participated in any military meetings prior to Judge Abdulla’s arrest.

Speaking after the rally, Adeeb called on the opposition to stop its nightly protests against Nasheed’s February 22 arrest and terrorism charges.

“Don’t make us take to the streets. These are Malé City’s youth. This is a very strong crowd. If these young men get angry it would not be good. That’s why we are with these young men in their homes. We are people who love peace, so don’t make us come out to the street,” Adeeb warned, according to Sun Online.

“We won’t give him [President Nasheed] anymore chances. You [the opposition] will also have to go home. Then we will also quietly stay home,” he added.

Tension has been high in Malé since Nasheed’s arrest. The former president’s Maldivian Democratic Party (MDP) and Jumhooree Party (JP) have formed an alliance against what they call President Abdulla Yameen’s repeated constitutional violations and intimidation of political rivals.

The opposition claims Nasheed’s trial is unjust. Former Defence Minister Mohamed Nazim who is standing trial for importing and possessing illegal weapons is being framed, they also claimed.

MDP today condemned Adeeb’s speech, accusing him of threatening the opposition with violence.

“MDP is alarmed by the threats of violence against opposition protesters, made by senior members of President Yameen’s administration,” a statement issued by the party today read.

MDP claimed that the bike rally was attended by “well-known gang members”.

“This is a desperate and dangerous escalation of the current crisis by the government. President Yameen’s administration is baring its fangs,” Spokesperson for MDP Hamid Abdul Gafoor said in the statement.

Three of the young men seen in the front-lines of the bike rally – Fazeel Ahmed, Mohamed Asif and Razzan Abduhrahmaan – had previously been charged with murders but were acquitted by the Criminal Court.

Fazeel had been charged with the murder of 15-year-old Ahmed Shaneed in 2008, while Asif and Razzan were charged with the 2012 murder of 33-year-old Ali Shifan.

The opposition has long accused Adeeb of illicit connections with gangsters. The tourism minister has dismissed the allegations.

When President Nasheed resigned in February 7, 2012 in the wake of a police and military mutiny, he accused Jaleel of downplaying the mutiny. Jaleel, who had served in the army for 30 years, retired after the controversial transfer of power.

Jaleel signed for the PPM last year and President Yameen appointed him as the Ambassador for Pakistan. When Nazim was dismissed from his cabinet post in January after the controversial weapons find, Yameen appointed Jaleel as his replacement.


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