Angry crowd threatens to assault Human Rights Commissioners

A group of five angry middle-aged men entered the Human Rights Commission of the Maldives (HRCM) offices at 10:00am on Tuesday and threatened to assault the five commissioners.

According to HRCM member Jeehan Mahmoud, the group was unhappy over a statement issued by the commission on Monday condemning the police’s mistreatment of former President Mohamed Nasheed at the Criminal Court.

The HRCM statement had condemned the police’s disproportionate use of force against Nasheed, and urged the state to immediately extend medical attention and access to a lawyer.

The commission said it was “investigating the police’s brutal treatment of the former president.”

Jeehan said the group threatened to harm the five commission members and demanded a meeting immediately. When HRCM staff declined, the group threatened to harass the members on the street.

“Inciting hatred and violence and issuing threats is an offence,” she said.

According to Jeehan, members of the public frequently harass HRCM, alleging the commission is biased and does not exercise its powers fully.

“But this is the first time in a while that we’ve had such a direct threat of bodily harm. However, this will not affect out work at all,” she said.

The statement had been approved by all five members of the commission and signed by its Secretary General, Jeehan noted.

The Maldives Police Services have confirmed the case is under investigation.

Nasheed is currently being held in pre-trial detention at the Dhoonidhoo Island Detention Centre. He is charged with terrorism over the military’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Speaking to Raajje TV after a visit with Nasheed, his wife Laila Ali revealed that doctors said there was an injury to the former president’s shoulder and recommended he undergo physiotherapy for a week.

A police spokesperson confirmed Nasheed had seen a doctor at Medica Clinic in Malé at 2:20pm yesterday. Neither his family nor lawyers were informed.

The police had manhandled Nasheed when he attempted to answer questions posed by journalists upon his arrival at the Justice Building at 4:00pm on Monday.

Minivan News journalists observed Nasheed repeatedly asking the police to pull back, saying he would walk into the court room on his own accord. Villa TV cameramen captured footage of a police officer twisting Nasheed’s thumb.

Nasheed fell down and his shirt was torn in the process. Half an hour later, he appeared in court with his arm in a makeshift sling.

The opposition leader said his arm was broken and asked for immediate medical attention and right to legal counsel. Presiding Judge Abdulla Didi ignored his request and proceeded with the trial.

The Maldives Police Services have denied brutalising Nasheed and dismissed his claim of a broken arm, claiming the former president had staged his own fall while resisting police attempts to escort him into the court building.

The EU, UN, Commonwealth, India, US and Canada have expressed concern over Nasheed’s arrest and trial. Foreign Minister Dunya Maumoon has since hit back at international statements, claiming they were biased towards the opposition and poorly researched.

Speaking on TVM’s “Maldives Today” programme on Monday night, Presidential Affairs Minister Mohamed ‘Mundhu’ Hussein Shareef accused Nasheed of playing “stunts” in order to get international media attention and said such incidents tarnished Maldives’ image.

Tourism Minister Ahmed Adeeb said Nasheed must be tried and penalised to ensure justice is done to Judge Abdulla Mohamed and his family.


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Defense Minister Jaleel granted three days to appoint a lawyer in terrorism trial

The Criminal Court has granted Defense Minister Moosa Ali Jaleel three days to appoint a lawyer and answer terrorism charges for his role in the 2012 military operation to detain Criminal Court Chief Judge Abdulla Mohamed.

Jaleel was the Chief of Defense Forces at the time of Judge Abdulla’s arrest. Following the controversial transfer of power in February 2012, Jaleel was dismissed from his post.

He subsequently signed on to the ruling Progressive Party of the Maldives in 2013 and ran in the party’s parliamentary primaries in 2014.

Jaleel was appointed to the Defense Minister’s post after former defense minister Colonel (retired) Mohamed Naizim was arrested and accused of possessing dangerous weapons last month.

Former President Mohamed Nasheed and his former Defense Minister Tholhath Ibrahim Kaleyfaanu, are also facing the same charges under the terrorism act, and have been given three days to appoint a lawyer at the Criminal Court.

Nasheed’s lawyers have alleged the opposition leader has been denied the right to legal counsel and the right to appeal prior to the court hearing.

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Police deny brutalising Nasheed

The Maldives Police Services have denied former President Mohamed Nasheed was brutalised when he was escorted into the Criminal Court yesterday.

Speaking to the press last night, Superintendent of Police Hamdhoon Rasheed said the opposition leader had staged a fall, and that his arms and fingers were not injured as he had claimed in the courtroom.

“When he fell and started to show resistance, the police attempted to ensure he received no injuries in taking him inside the courtroom,” he said.

Nasheed appeared in court for a terrorism trial with his arm in a makeshift sling. The opposition leader asked for immediate medical attention and right to legal counsel.

He had been arrested on Sunday on a court order that claimed he might abscond from the terrorism trial scheduled for the next day. Nasheed is being re-prosecuted on terrorism charges over the detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Criminal Court Judge Abdulla Didi placed Nasheed in detention until the end of the trial and gave him three days to appoint a lawyer and answer charges.

Superintendent Rasheed also alleged politicians were calling up individual police officers and offering “large amounts of money” as bribes to carry out “certain activities” and leak information on investigations.

Injured

Nasheed had arrived at the Justice Building at 4:00pm under a heavy Specialist Operations (SO) police guard. When journalists attempted to question the former president, SO officers surrounded and manhandled him.

Minivan News journalists observed Nasheed repeatedly asking the police to pull back, saying he will walk into the court room on his own accord.

Nasheed fell down and his shirt was torn in the process.

The opposition Maldivian Democratic Party (MDP) issued a statement last night condemning police brutality against the party’s president, claiming President Abdulla Yameen had directed the police’s actions.

“Police physically injured Nasheed when they took him into the Criminal Court on Presidents Yameen’s administration’s orders following his unlawful he was arrested against the constitution, regulations and international standards in making arrests,” the statement read.

Speaking at a press conference last night, MDP Chairperson Ali Waheed said that the party’s leadership was extremely worried over the former president’s safety.

MDP’s Vice Chairman Ali Shiyam had shared concerns with the Human Rights Commission of the Maldives, he said.

“President Nasheed urges people to cross the boundary of fear and to come out on February 27,” Waheed said.

Stunts

Speaking on TVM’s “Maldives Today” programme last night, Presidential Affairs Minister Mohamed ‘Mundhu’ Hussein Shareef accused Nasheed of playing “stunts” in order to get international media attention and said such incidents tarnished Maldives’ image.

He claimed the government was not under any international pressure, saying expressions of concern by international organizations and foreign countries “do not amount to pressure.”

Nasheed as commander-in-chief had “kidnapped” Judge Abdulla Mohamed, Mundhu said, arguing: “When the case begins in a court, how can it be called a political act in a society that believes offenders must be tried?”

Meanwhile, Tourism Minister Ahmed Adeeb, speaking alongside Mundhu, said President Yameen would not interfere with the Prosecutor General’s Office or the judiciary.

“We are not like President Nasheed’s administration. We would not lock up the Supreme Court or the Majlis or disappear politicians. In our administration, the police will not act without a court order,” the ruling Progressive Party of Maldives’ deputy leader said.

“In a democratic environment with separation of powers, how can we influence the other power,” he said.

Nasheed must be tried and penalized to ensure justice is done to Judge Abdulla Mohamed, he continued.


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Comment: Why we must object to the farce of a ‘trial’ against Nasheed

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

On Sunday, former President of Maldives, Mohamed Nasheed, was arrested. The arrest warrant issued by Criminal Court stated “terrorism charges brought against the subject and fears that he may not attend the Court or go into hiding” as reason for arrest.

The evidence and substantiation for Court decision was given as, “how matters had transpired when a case against subject was heard at the Hulhumale’ Magistrate Court, and Police Intelligence reports”. The arrest warrant was provided on the request of the Prosecutor General who was according to the arrest warrant, “investigating case”.

Till then, there had been no mention of terrorism charges against Nasheed by any authority nor had an investigation into terrorist activities by Nasheed taken place.

Local media soon reported the trial has been scheduled in Criminal Court for 4pm today, and it emerged that the Prosecutor General had filed new terrorism charges in Criminal Court after withdrawing the case against Nasheed pending in Hulhumale’ Magistrate Court for over two years as Nasheed challenged the cherrypicking of his trial bench by the Judicial Service Commssion and the procedural appeals dragged on without decision.

As the new trial begins in a couple of hours, there is more reason than ever before to object to the farce.

  1. The current Prosecutor General Muhthaz Muhsin is a former Criminal Court judge, who worked as a junior judge under Criminal Court chief Judge Abdulla Mohamed who is himself the subject in the case against Nasheed.
  1. Media reports the Criminal Court has selected a bench of three judges – Judge Abdulla Didi, Judge Ahmed Rasheed and Judge Shujau Usman – for the case.

The first two are both former members of the Judicial Service Commission (JSC) who played crucial roles within JSC in both re-appointing Abdulla Mohamed as judge despite him not meeting criteria and pending serious misconduct issues, and in covering up misconduct after re-appointment.

Moreover, both carry bias against Nasheed evident in JSC records, especially in discussions of misconduct allegations against Judge Abdulla Mohamed filed with the JSC by the President’s Office in 2009 when Nasheed was in office.

Judge Didi served on the JSC from it’s establishment as an interim commission in 2008 till 2015 as the lower courts appointee. Ahmed Rasheed elected by the law community served on the JSC from 2009 to 2015 and was appointed a Criminal Court judge by the JSC just days ago.

The third, Shujau Usman, was re-appointed a Magistrate by JSC despite a criminal record and was one of three magistrates cherry-picked by the JSC for the Hulhumale’ Magistrate Court bench for Nasheed’s case.

Nasheed’s trial then is not simply political persecution by the government of President Yameen but an already orchestrated trial, managed by the JSC, with the Prosecutor General and the Criminal Court bench already set against Nasheed and ready to avenge Abdulla Mohamed.

Meanwhile, heading the JSC today is Supreme Court Justice Ali Hameed infamous for his white underpants and sex tapes gone viral on the internet.

Aishath Velezinee sat on the Judicial Services Commission from 2009-2011.

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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MDP, JP rally supporters ahead of mass February 27 march

Additional reporting by Ismail Humaam Hamid and Mohamed Saif Fathih

The Maldivian Democratic Party (MDP) and Jumhooree Party (JP) marched in Malé last night in a bid to rally supporters for a massive demonstration on February 27.

MDP Chairperson Ali Waheed said the February 27 gathering would usher in “a second February 7,” referring to the day former President Mohamed Nasheed resigned in 2012 following a police and army mutiny.

The allied opposition parties claim the ruling Progressive Party of the Maldives (PPM) has repeatedly violated the constitution. They have held nightly protests since February 11 calling on President Abdulla Yameen to resign. The PPM has described the protests as an attempt to disrupt the peace and dismissed the opposition’s claims as baseless.

“When a government oversteps its bounds, the public must stand up. We must come out tomorrow night as well. Especially on February 27, the second February 7, everyone must come out onto the streets, with their families, as if it were an Eid,” Waheed told reporters.

Opposition supporters, led by MDP’s Nasheed and JP leader Gasim Ibrahim, set out from Usfasgandu at 8:30 pm, circled the city of Malé and stopped at police barricades in front of the Maldives Monetary Authority building.

Four opposition supporters carrying MDP flags were arrested from the Republican Square after the march ended at 1:00am.

Speaking to reporters last night, Nasheed said Yameen’s administration had lost all legitimacy with the JP’s recent split from the coalition.

“There is no support for President Yameen. We believe Maldives needs fresh elections,” he said.

Gasim told reporters the JP had been forced to the streets to establish justice and end executive influence on independent institutions.

“I believe in a government of the people by the people,” he said.

As the opposition marched, the PPM held a rally at the Alimas Carnival in support of President Yameen and announced two MPs and 15 councilors had defected from the JP to the ruling party.

In the crowd

Businessmen Ali Hussein, 49, said he was protesting to prevent a slide into authoritarianism: “If we do not protest now, Yameen will do whatever he can to stay in power.”

Aishath Ismail, 32, concurred, saying “We have to get rid of the government for the sake of our children.” The opposition rallies represented the real public, she said, alleging a PPM march on Thursday evening had been attended by “paid thugs.”

The PPM’s 400-strong march prior to its evening rally, consisted mostly of young men wearing pink head bands. Some had their faces covered. Tourism Minister Adeeb said MDP labeled young men as thugs, and said only the elderly supported the opposition.

An Indira Gandhi Memorial Hospital worker at the opposition rally who wished to remain anonymous said she was a loyal MDP supporter and had no issues working with JP supporters, despite their key role in Nasheed’s ouster in 2012.

“We can stomach it. Yameen’s government has no principles. They are robbing the people, they are all thieves,” she said.

Meanwhile, Latheef, a loyal supporter of Gasim said the “MDP and JP are the same, with similar ideologies, even if they fight from time to time.”

“The whole country is in ruins. How can Yameen rule when he is so frequently out of the country?”

MDP Chairperson Waheed described the turnout as “an encouragement” to all citizens and said 20,000 people would participate in the Feb 27 rally.

President Yameen last night called on Gasim to remember the events of February 7 and end his alliance with the MDP. He also warned Nasheed he would not hesitate to implement a jail sentence, referring to stalled criminal charges over the detention of Criminal Court Judge Abdulla Mohamed in January 2012.

Yameen’s former Defense Minister Mohamed Nazim is currently in police custody on charges of treason and terrorism.



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Nasheed defends coalition with former rivals

Former President Mohamed Nasheed has defended the Maldivian Democratic Party’s (MDP) coalition with former opponents warning of a slide into authoritarianism without the MDP’s recent coalition with Jumhooree Party (JP).

“A lot of people would have been arrested – including myself, they would prevent the MDP parliamentary group from increasing beyond six or seven members, and media would not be allowed to cover news freely,” Nasheed told Rajje TV’s Fala Suruhee programme last night.

Claiming there was “no hope” with President Abdulla Yameen’s government, Nasheed said there were no job opportunities for the youth, and said that the country’s economy had slowed down due to decreasing tourist arrivals.

“I sincerely believe that the best course of action for the Maldives is to pave way for [JP leader] Gasim Ibrahim to become the president in 2015,” said Nasheed.

MDP and JP officially agreed to work together in defending the constitution last month, two days after JP split off from the ruling Progressive Party of Maldives (PPM). The two parties accused the government of repeatedly breaching the constitution by narrowing basic rights and freedoms, and undermining independent institutions and the judiciary.

Nasheed has come under fire from supporters for the MDP’s decision to ally with key figures responsible for his ouster in February 2012.

In response, Nasheed said: “Many things have happened which we did not want to see. If we were to keep it in our hearts all the time, it would prevent us from going forward.”

The MDP/JP coalition would gain a parliamentary majority in March, he continued. The two opposition parties have now begun nightly protests calling for President Yameen’s immediate resignation.

Protesters last night  held up placards which read, “Stop discrimination among citizens” and “We will not tolerate dictatorship.”

Intimidation

Nasheed also condemned the government’s arrest of former Defense Minister colonel (retired) Mohamed Nazim last month, describing the move as an attempt to frame the minister.

“President Yameen has to back down, he cannot be allowed to frame Nazim,” he said.

Nazim was arrested on February 10 fter the police special operations officers allegedly found a pistol and an improvised explosive device during a raid on Nazim’s home in the early hours of January 18. He is now accused of plotting to overthrow the government and harming senior government officials.

“Nazim would clearly know that he would not able to change the government by keeping a pistol and three bullets under his pillow,” Nasheed said pointing to Nazim’s three year term as defense minister and longs service in the army.

The former defense minister’s legal team maintains there is no forensic evidence to implicate Nazim and has appealed the Criminals Court’s decision to detain the minister for 15 days on remand at the High Court.

Nasheed also spoke out against the government’s recent decision to take back plots of land awarded to Gasim and the Tourism Minister Ahmed Adeeb’s claim that Gasim owed the government US$ 100 million (MVR 1.5 billion) as rent and fines for islands.

“The state should not be able to unjustly take any businessman’s assets,” said Nasheed.

Gasim has denied the claims as well, stating at a february 16 protest: “Gasim Ibrahim does not owe them any money at all. So the tourism Minister is clearly lying.”



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Nasheed’s constitutional rights violated in three year trial, says legal team

Former President Mohamed Nasheed’s legal team has called on Prosecutor General Muhuthaz Muhsin to drop criminal charges, claiming the opposition leader’s constitutional rights had been violated for three years on pending “unlawful” charges.

Muhsin on Monday withdrew charges against all former government and army officials accused of detaining Criminal Court Chief Judge Abdulla Mohamed for further review. The withdrawal came amidst Nasheed’s challenge of the process by which judges were appointed to an extraordinary bench to oversee his trial.

The offense carries a maximum jail term of three years under Article 81 of the Penal Code, but will carry a reduced sentence in the new Penal Code scheduled to come in to force in April.

“President Mohamed Nasheed’s charges have been pending without a verdict for three years. In those three years, he has been deprived of his constitutional and legal rights and the trial has affected his political career,” said Nasheed’s lawyers in a letter to the PG.

Nasheed was first summoned to court in 2012, but the trial was stalled in 2013 when the High Court began to review the composition of the bench. After a two-year hiatus, the High Court on February 9 threw out Nasheed’s complaint, paving the way for the trial to restart at the Hulhumalé magistrate court.

However, the former president’s legal team immediately launched a new challenge at the Civil Court. Meanwhile, the Maldivian Democratic Party accused the PG of attempting to expedite the case before the enactment of the new Penal Code in order to bar Nasheed from contesting the 2018 presidential polls.

Nasheed’s lawyers today contended the PG is not authorized to take up the charges in court for a second time.

MDP has describing the case among many “unjust obstacles to the party and President Nasheed.” Further pursuit of the case only “serves the government’s political agenda” the party claimed.

Judge Abdulla’s arrest led to daily protests on the streets of the capital, culminating in a police and army mutiny and Nasheed’s resignation on February 7.

Jumhooree Party Leader Gasim Ibrahim, a key figure in Nasheed’s ouster, has called on the state to drop charges, describing charges as “out of line with national and public interest.”

In January, the MDP and JP formed an alliance against President Abdulla Yameen’s claiming his administration has repeatedly violated the constitution.

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PG withdraws charges against Nasheed

Charges against former President Mohamed Nasheed for the 2012 detention of Criminal Court Chief Justice Abdulla Mohamed have been withdrawn.

The Prosecutor General’s (PG) Office has withdrawn the case against both Nasheed and senior figures of his government – including the current defence minister Moosa Ali Jaleel, says media reports.

Speaking to Vnews during a protest outside the High Court hearing of former defense minister Mohamed Nazim this afternoon, Nasheed said that it was regrettable the case had dragged on so long.

Details of the decision will be revealed by the PG’s information officer, who was understood to be in the court at the time of publication. Nasheed’s legal team has said a statement will follow its own discussions with the PG.

Under the powers granted in the Prosecutor General’s Act and the Constitution, the PG has the authority to discontinue or withdraw for further review any case prior to judgement.

Nasheed and Jaleel stood accused of violating Article 81 of the Penal Code, for detaining a government employee who has not been found guilty of a crime.

Nasheed’s Maldivian Democratic Party had suggested that the case was being expedited ahead of the introduction of the new Penal Code in April, with the potential three year sentence meaning that conviction would have ruled out a Nasheed presidential run in 2018.

The former president’s legal team had been in the process of challenging the assembly of the Hulhumalé Magistrates’ Court bench.

Abdulla Mohamed’s detention in January 2012 followed the failure of repeated attempts to investigate the judge’s conduct, with Nasheed citing grounds of national security.

The judge’s arrest by security forces led to an increase in tension on the streets of the capital, culminating in Nasheed’s resignation on February 7 after elements of the police and Maldives National Defence Force refused to obey his orders.

The Commonwealth-backed Commission of National Inquiry (CoNI) report – released in August 2012 – found that the arrest had been “unconstitutional” and “illegal”, while the PG filed charges the previous June.



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Are politics returning to the streets of Malé?

Additional reporting by Ismail Humaam Hamid and Mohamed Saif Fathih

Over a hundred protesters gathered outside the Civil Court by the market in Malé this afternoon, as former President Mohamed Nasheed continued a legal campaign that stretches into its third year.

Inside, the Civil Court agreed to consider the challenge – rejected by the High Court earlier this week – into the legitimacy of the bench tasked with trying Nasheed for the January 2012 detention of Judge Abdulla Mohamed.

Tussles between police and protesters hinted at a return to the tension that became commonplace in the capital in the months before and after Nasheed’s controversial resignation from office just weeks after the judge’s arrest.

“The process that we saw in 2012. That appears to be happening this time,” suggested Maldivian Democratic Party (MDP) Spokesman Hamid Abdul Ghafoor from the protest today.

“We are certainly trying to wake up people to what is going on and it is our wish to inform people what will happen if we do not act,” he explained over the shouts of demonstrators.

Rising tensions on the streets in 2012 eventually saw security personnel turn on Nasheed’s government, with the MDP leader alleging his subsequent resignation was under duress.

Nasheed earlier this week called upon the people of the country to protest against their failed judicial system while party Chair Ali Waheed said today that the party would begin daily protests to defend the Constitution against persistent breaches.

Others, however, have suggested that the large scale anti-government demonstrations seen three years ago will not be repeated in 2015.

“We really don’t think that the past is going to come back,” said Ismail Asif of the Maldives National Chamber of Commerce and Industry (MNCCI). “The economy is picking up. People want to move on.”

Following the resurgence of street demonstrations since the decision of the formerly government-aligned Jumhooree Party (JP) with the MDP, the MNCCI called on authorities to stop such activities which might hinder local business.

Police attempts to clear a space from the space outside the court today saw protesters pushed into the market itself.

“We don’t feel that part of a democracy means any party should be allowed to block the streets,” said Asif.

He suggested that recent attendances at street demonstrations indicated that people preferred to go through the system, though he admitted the MDP leader Nasheed would still be able to draw large crowds.

The MDP’s Hamid said that the party intends to utilise both approaches, with “organised and sustained” direct action as well as efforts, via its new parliamentary alliance, to secure JP leader Gasim Ibrahim as Majlis speaker.

“We are trying to convince the public that if we do not take action now, we may not get another chance,” said Hamid.

The party sees the resumption of legal action against Nasheed as part of a wider move by the government to remove potential challengers to President Abdulla Yameen.

While government-sponsored amendments to the Constitution could disqualify JP leader Gasim on grounds of age, former defence minister Mohamed Nazim – himself a key player in events leading to Nasheed’s resignation – faces further charges of fomenting a coup, this time from the current government.

JP MP and former Police Commissioner Abdulla Riyaz – who stood alongside Nazim on the day of Nasheed’s resignation – has called the charges against Nazim “purely political” in nature, suggesting the police were attempting to frame the former minister.

During today’s demonstrations, MDP Chair Waheed said the party would be willing to work with its “political enemies” in order to defend the Constitution.

“People you would not expect to see  on one platform will be seen together on February 27,” he claimed before dispersing today’s protest.

Hamid also explained that no one who wished to work with the opposition party would be turned away.

“We do not agree with how he [Nazim] has acted, but justice and rule of law should prevail. He has the right to due process,” he said.

Nasheed himself fears that the expedition of his case – which his party predicts will be pushed through before the introduction of the new Penal Code in April – will see him forced to campaign far from the streets of the capital.

“I will be even more active from block C of Maafushi Jail,” he told party colleagues this week.

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