Tag: Nasheed

Police arrest 16 protesters during demonstrations by Nasheed supporters

Protesters supporting the former Maldivian President gathered last night at an intersection near the Indian High Commission where Mohamed Nasheed has sought refuge from police seeking his arrest.

Riot police took up position outside the diplomatic premises shortly after 1:00pm yesterday, blocking the street outside to pedestrians and placing checkpoints in adjoining streets.

The street outside the High Commission was clear aside from a small group of police, including Special Operations officers and piles of riot shields.

Down the road, the crowd at the Sosun Magu junction were blocked by a line of police, and had reached an estimated 1500 people by around 10:45pm. Police entered the crowd and arrested several protesters, after glass bottles and temporary barricades were thrown into the police line.

As the day’s protests drew to an end last night, the area surrounding the Indian High Commission building on Ameer Ahmed Magu was in near silence after being cordoned off by police.  Minivan News observed at the time a minimal police presence across the street,  despite the diplomatic drama earlier in the day that had been covered throughout international media.

Further down the road towards the opposition demonstration, remnants of glass bottles that had been hurled at police earlier in the evening were the only visible sign of scuffles between law enforcement officers and Nasheed supporters.

Meanwhile, shortly before the protests concluded at around midnight, protesters who attempted to force their way through to the parliament building were met by police charges.

Police later announced they had arrested 16 people during Wednesday’s protests, including one minor and one female.

According to police, 11 of those arrested were on charges of obstructing police duty, breaking police cordons, entering closed areas and threatening police.

Authorities said the woman and one man arrested were intoxicated and had tried to enter restricted areas, as well as throwing water bottles and stones at police. No injuries were reported.

The courts had released two of those detained at time of press.

Maldivian Democratic Party (MDP) MPs and protest leaders called a halt to the protest around midnight, vowing to gather in the area every night while the former President remains in the High Commission.

Meanwhile, from inside the commission, former President Nasheed issued a statement calling on President Mohamed Waheed to step down from office and make way for an interim government that would oversee free and fair presidential elections.

“The events of the past year – the mass arrests, the police brutality, the politically motivated trials – demonstrate that Dr Waheed cannot be trusted to hold a free and fair election. Waheed should do the right thing and resign from office. An interim, caretaker government should be established that can lead the Maldives to genuinely free and fair elections, in which all candidates are freely able to compete,” said Nasheed.

He labelled his ongoing trial “a politically motivated sham” and said the Hulhumale’ Magistrate Court – established to hear his case – was illegal and created “with the sole purpose of disqualifying me from standing in the presidential elections.”

“The fate of Maldivian democracy hangs in the balance. The Maldivian people must not be robbed of their democratic right to elect a leader of their choosing,” he added.

In a statement, police accused Nasheed’s supporters of “voicing out their hatred towards police and spreading untruthful rumors of police trying to arrest Nasheed unlawfully, despite the Hulhumale’ Court’s court order.”

“The Maldives Police Service strongly condemns the spreading of incorrect rumors and assures the general public that police will stand to implement lawful court orders,” the statement read.

Sub Inspector Hassan Haneef would not confirm whether police would arrest the former President were he to step outside the Indian High Commission, and was unclear as to whether the court warrant to present the former President was still valid after the trial hearing was cancelled yesterday in Nasheed’s absence.

“Ex-president Nasheed is inside the Indian High Commission. It is not a question of arresting him, but making sure he is secure,” Haneef said, adding that school children were being allowed to move freely through the area this morning.

Correction: An earlier version of this article included a tweet from a Twitter account attributed to PPM MP Yameen Abdul Gayoom. Minivan News has been unable to establish the authenticity of this twitter account, and has removed the quote.

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India backs inclusive elections, as former President takes refuge in High Commission

The Indian government has confirmed that former President Mohamed Nasheed has requested India’s assistance after police sought to arrest him and present him to the Hulhumale’ Magistrate Court this afternoon.

Nasheed had previously missed a court hearing scheduled for February 10, which was cancelled in his absence. His Maldivian Democratic Party (MDP) maintain that the charges – based on his detaining Chief Judge of the Criminal Court Abdulla Mohamed during his final days in office – are a politically-motivated attempt to prevent him contesting the 2013 elections.

Rumours of Nasheed’s imminent arrest began to circulate on Tuesday (February 12) ahead of a scheduled hearing at 4:00pm the following day, prompting his supporters to camp in the narrow alley outside his family home in Male’.

By this morning, Nasheed entered the Indian High Commission, purportedly to “seek advice” from High Commissioner D M Mulay.

Shortly after 1:00pm, riot police blocked off the street outside the High Commission, as Nasheed’s supporters began to gather at the barricades.

The former President subsequently tweeted: “Mindful of my own security and stability in the Indian Ocean, I have taken refuge at the Indian High Commission in Maldives.”

“As a close and friendly neighbour, India has expressed concern over the ongoing political instability in Maldives and called upon the government and all political parties to adhere strictly to democratic principles and the rule of law, thereby paving the way for free, fair, credible and inclusive elections,” the Indian Government said in a statement this evening.

“Following the arrest warrant issued against him by the Hulhumale’ Magistrate Court, the former Maldivian President Mohamed Nasheed, who is a candidate for the Presidential elections in Maldives scheduled for September 2013, is in the Indian High Commission and has sought India’s assistance. We are in touch with the relevant Maldivian authorities to resolve the situation,” the statement added.

“Now that the President of the Election Commission of Maldives has announced that Presidential elections would be held on 7 September 2013, it is necessary that the Presidential nominees of recognised political parties be free to participate in the elections without any hindrance. Prevention of participation by political leaders in the contest would call into question the integrity of the electoral process, thereby perpetuating the current political instability in Maldives.”

India’s Ministry of External Affairs concluded its statement by contending it was “not in the interest” of the Maldives or the region to prevent any candidate from contesting the country’s presidential elections later this year.

“India would call upon the government and all political parties in Maldives to avoid any actions that would vitiate the political atmosphere in the Maldives,” its statement read.

In a tweet this afternoon, Home Minister Dr Mohamed Jameel implied that India was  meddling in the Maldives’ internal affairs: “What’s happening now gives us an indication of the extent and level of interest some countries prepared to take in our internal matters,” he said.

“I would strongly urge everyone to let our institutions deal with the challenges, allow Maldives to uphold rule of law,” he tweeted.

The Home Minister – also formerly Justice Minister during the Maldives’ 30 year autocracy – recently urged the courts “to conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

“Every single day that goes by without the case being concluded contributes to creating doubt in the Maldivian people’s minds about the judiciary,” the home minister stated at the time.

The Maldives Ministry of Foreign Affairs issued a statement today in response to media reports that Nasheed had “sought refuge” in the High Commission, following the court’s issuing of an arrest warrant.

“Upon contacting, the High Commission of India confirmed President Nasheed’s presence at the Chancery and informed that he was present there for a meeting with the High Commissioner,” read the statement.

“The Ministry confirms that the government of Maldives will uphold and respect its obligations under international law with regard to diplomatic immunities and privileges granted to resident diplomatic missions. The Government is confident that all parties concerned, including the High Commission of India, will respect the laws of the Maldives and judicial independence as prescribed in the Constitution.”

Protests building

Minivan News observed crowds growing around the barricades at Sosun Magu. Shortly after 6:00pm, the crowd of around 700 people was charged and scattered by a group of 30 Special Operations officers in riot gear.

Former Minister of Housing and Environment in Nasheed’s government, Mohamed Aslam, has confirmed that the MDP’s National Council had today approved “direct action” against the government, notably a campaign of widespread civil disobedience.

“The whole situation is very fluid right now. Nothing will be ruled out,” he said. “What we are demanding is a transitional government, as well as free and fair elections that would include [former President] Nasheed.”

Aslam said that following a march of more than 10,000 in the capital on Friday (February 8 ) showed Nasheed had widespread popular support for contesting the elections.

Reports on social media meanwhile suggested that Nasheed’s luggage was being transferred to the Indian High Commission at time of press.

Disputed court case

Nasheed and his legal team have disputed both the charges against him, and the legitimacy of the Hulhumale’ Magistrate Court. The latter was created by the Judicial Services Commission (JSC). Nasheed’s lawyers have argued therefore that the court has no legal or constitutional authority.

Nasheed’s team raised these points in the first hearing of the case, stalling the process with a run of appeals and assorted injunctions.

Eventually the JSC asked the seven-member Supreme Court bench to rule on the court’s legitimacy, which it did in December 2012.  The court’s legitimacy was approved by four judges to three.

Former Attorney General Husnu al Suood observed at the time that Supreme Court Judge Adam Mohamed Abdulla should not have participated in the vote as he was also the President of the JSC, which therefore amounted to “presumption of bias”.

Meanwhile, the JSC appointed a three-member panel of judges to oversee the trial of the former president.

The Commission’s members include two of Nasheed’s direct political opponents, including Speaker of Parliament Abdulla Shahid – Deputy of the government-aligned Dhivehi Rayithunge Party (DRP) – and Gasim Ibrahim, a resort tycoon, media owner, MP and leader of the Jumhoree Party (JP), also a member of the governing coalition.

Numerous international organisations and reports have challenged the political independence of the JSC and the judiciary.

One recent report produced by local NGO the Raajje Foundation and supported by the UNDP and the US State Department, noted that the JSC’s mission under the 2008 constitution to ensure the new judiciary was was clean, competent, and protected from political influence, “has sadly gone unfulfilled.”

“The courts have essentially been able to capture the JSC so as to ensure that the old judiciary remained in place under the new constitutional order,” the report noted, predicting that the most likely scenario for the Maldives’ future was a cycle of failed governments.

Minivan News will continue live updates on the unfolding situation here

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Nasheed “seeking advice” in Indian High Commission following court order for his arrest

Police have been issued a court order to produce former President Mohamed Nasheed at the Hulhumale’ Magistrate Court ahead of his trial, scheduled at 4:00pm today.

The former President, who is due to attend a hearing regarding his detention of Chief Judge of the Criminal Court Judge Abdulla Mohamed in January 2012, was inside the Indian High Commission at 1:00pm this afternoon following the announcement of the court order.

Police had set up barricades around the High Commission area at time of press.

Police Spokesperson Sub Inspector Hassan Haneef today confirmed that police had received an order to produce the former president at the Hulhumale’ Magistrate Court.

“We have received the order and we will be trying to carry it out in accordance with the Maldivian constitution and the order itself,” Haneef said.

The court summons follows Nasheed’s failure to attend his previously scheduled trial hearing at Hulhumale’ Magistrate Court on February 10.

The former President was on an official visit to India after being granted permission to depart the country by the court. Despite his permitted travel period expiring on February 9, Nasheed arrived back in Male’ on February 11.

Maldivian Democratic Party (MDP) MP Mohamed Rasheed at 1:00pm said the former President was inside the Indian High Commission in Male’, “seeking advice” after news of the court order calling for his arrest was made public on Tuesday night.

“He went to the hospital in Male’ this morning and then returned back to his home. After a few minutes he went to the Indian High Commission with a couple of MDP MPs.

“[Nasheed’s] lawyers are not around at the moment, but from what I know they are attempting to appeal the order at the High Court,” Rasheed said.

Last night Maldivian Democratic Party (MDP) members camped outside the former President’s residence in order to prevent police from entering the narrow street where Nasheed lives.

MDP Spokesperson Hamid Abdul Ghafoor claimed  police had intended to arrest Nasheed in secret in order to present him at his court hearing today.

“They [Police] were going to pounce on Nasheed, but we received intelligence about it and let people know what was happening,” Ghafoor said.

“This is pre-2008 procedures. At least one hundred people were outside Nasheed’s residence last night throughout the night,” Hamid told Minivan News today.

Minivan News observed crowds of supporters still filling the street this morning at around 10:30am.

LIVE UPDATES: Refresh page for latest

1:15pm: The Maldivian Democratic Party (MDP) have issued a statement condemning the arrest warrant for Nasheed.

“The MDP reiterates its belief that the arrest warrant and the charges against him are politically motivated and calls on the international community to remain vigilant and immediately intervene to ensure a free and fair trial for President Nasheed,” the party said.

“President Nasheed’s legal team was informed by the Maldives Police Services that the court order was issued to arrest President Nasheed and summon him to the court on 13 February 2013. However, the court has not yet informed him or his legal team of the scheduled hearing.”

1:39pm: Maldives Police Service (MPS) were standing outside the Indian High Commission building in Male’.

The second hearing of the case was scheduled on 10th February 2013 while President Nasheed was on an official visit to India and was unable to return to Male’ due to a medical emergency.

The lawyers informed the court in writing as stated in the court’s regulations. According to the regulations, if the accused is unable to attend the hearing and after informing the court, documentation must be provided to the court within 2 working days.

While time frame to produce the documents has not even passed, and when the documents were being processed, the court issued an arrest warrant on President Nasheed on 11th February 2013. The courts also have an option to fine the accused (MVR 75) for failing to appear before court.

1:59pm: ‘MDP News’ Twitter feed shows woman being apprehended by police outside the High Commission building.

“This highlights, once again, how biased the Hulhumale’ Magistrate Court is against President Nasheed. This illegal court has no interest in the rule of law, it exists merely to serve the political aims of its paymasters. This trial is a thinly veiled attempt by Dr Wadeed, in cahoots with his friends in the judiciary, to prevent President Nasheed from contesting in the upcoming presidential elections. The regime is fearful of President Nasheed’s popularity, so they are pulling out all the stops to prevent his name appearing on the ballot paper. These forceful measures by the Court are contrary to their usual practice,” said MDP MP Hamid Abdul Ghafoor.

2:43pm: Indian media ‘Times Now Live’ asks: “Will India protect Nasheed?”

3:30pm: Nasheed has tweeted confirming that he is seeking refuge in the Indian High Commission: “Mindful of my own security and stability in the Indian Ocean, I have taken refuge at the Indian High Commission in Maldives.”

Minivan News observed around 200 people gathered near the police barricades. The crowd appeared non-violent but the atmosphere was tense.

3:54pm: Indian media is reporting the Indian government as denying that Nasheed has sought refuge.

4:05pm: Minivan News has observed a police officer armed with a rubber bullet gun deployed outside the High Commission.

4:10pm: MDP MP Ghafoor has said Nasheed is discussing “a transition arrangement, where we can have a free and fair election in September.”

“We have a scenario now we can’t move ahead without a mediator. We prefer India because it is our neighbour and a democratic nation,” he said.

4:23pm: Minivan News understands that no formal request for refuge or asylum has been made at this stage.

4:26pm: An appeal hearing was cancelled after a summoning chit was not able to be delivered to Nasheed.

4:27pm: Riot police appear to have pulled a man out of the crowd and arrested him.

4:49pm: MDP MP and spokesperson Hamid Abdul Ghafoor has said he was not aware how long the former president planned to remain in the Indian High Commission building.

“This is the safest place for him to be until a solution is found,” he claimed. “I would speculate that a transitional arrangement for fresh elections is being sought.”

Without providing specific examples of how Nasheed’s life was in danger, MP Ghafoor contended there had been threats against the former president going back to when he was first elected in 2008.

“Right now we have militarised Special Operations (SO) police officers running the show. I do not believe [Nasheed] is safe,” he claimed. “50,000 MDP members do not trust the police either.”

After Nasheed was previously taken into police custody ahead of a court hearing back in October 2012, the former president was not reported to have been physically mistreated by authorities during his transfer to Dhoonidhoo detention facility.

President’s Office Media Secretary Masood Imad said at the time that despite allegations raised by the MDP concerning the alleged use of excessive force by police to seize the former president, authorities had insisted officers had acted with restraint.

“I’m told [Nasheed] asked for a box of cigarettes [in custody], a request that [officers] granted.  He was given Benson and Hedges as I understand,” Masood previously told Minivan News.

Ghafoor also alleged that SO officers also this week entered the home of Parliamentary Speaker Abdulla Shahid in what he claimed was an attempt to intimidate the Majlis representative.

Speaker Shahid was not responding to calls from Minivan News at time of press.

The Maldives Police Service has vehemently denied allegations it had threatened Shahid in a statement published Saturday (February 9).

5:16pm: Nasheed’s trial hearing scheduled for 4:00pm today has been cancelled after he failed to attend at the specified time.  The Department of Judicial Administration (DJA) confirmed the cancellation. It has yet to be rescheduled.

5:37pm: Home Minister Dr Mohamed Jameel has tweeted accusing India of meddling in Maldives’ internal affairs:

5:43pm: RaajjeTV reports that the government is to begin negotiating with the Indian High Commission.

5:53pm: President’s Office Media Secretary Masood Imad has said there has been no contact between the government and the Indian High Commission in Male’ today.

“All I know right know is that Mr Nasheed is in a meeting with Indian High Commissioner Dnyaneshwar M Mulay,” he said. Masood added that a message had been sent to the Ministry of Foreign Affairs confirming a meeting between former President Nasheed and the high commissioner was taking place.

6:16pm: Local media has reported that the Indian naval vessel ‘Kalpei’ has arrived in the country as part of a joint operation being conducted with the Maldives National Defence Force (MNDF).

The ship is said to be taking part in a five day maritime security program that will see it help patrol the Maldives’ Exclusive Economic Zone (EEZ), according to the Sun Online news service.

6:58pm: Mohamed Aslam, former Minister of Housing and Environment in Nasheed’s government, has confirmed that the opposition MDP’s National Council has today approved taking “direct action” against the government.

Aslam said the term ‘direct action’ related to a wide programme of civil disobedience, rather than one specific strategy. “The whole situation is very fluid right now. Nothing will be ruled out,” he said.

“What we are demanding is a transitional government, as well as free and fair elections that would include [former President] Nasheed.”

Aslam claimed that following a march in the capital conducted by MDP supporters on Friday (February 8), there remained widespread public support for Nasheed to contest elections scheduled for September this year.

However, he stopped short of declaring the day’s developments a “turning point” in the party’s calls for early elections. “We always hope that we have reached a turning point, whether it is today or tomorrow,” Aslam said.

7:19: WikiLeaks tweets that Nasheed has done a ‘Julian Assange’ – a reference to the whistleblowing website’s founder who sought refuge in Ecuador’s embassy in London in a bid to avoid extradition to Sweden.

7:30pm: Official Spokesperson for the Ministry of Foreign Affairs Ibrahim Muaz Ali has told Minivan News that it will not be seeking discussions with the Indian High Commission in Male’ over Nasheed’s presence on its property today.

“We have contacted the commission today. [Indian] Officials confirmed [Nasheed’s] presence and that he had come for a meeting with the high commissioner,” the spokesperson added.

Muaz said that although Nasheed had appeared to have deliberately sought to avoid his trial hearing today, the Foreign Ministry “did not think” there was a need to hold talks on the matter with Indian officials.

7:40pm: Reports on social media suggest that Nasheed’s luggage has been transferred to the Indian High Commission building in Male’. Photo by Ranreendhoo Maldives.

10:10pm: Minivan News has observed more people beginning to gather at the barricades. Crowd is chanting “money money, yes sir” and “baaghee Waheed, hang him”.

One glass bottle has been thrown over the barricade by protesters. Police look like they are preparing to charge.

10:15pm: Bottle was allegedly thrown from Majeediyya School. Police have now entered the crowd.

10:23: Minivan News observed around 700 to 800 hundred people currently at the barricades.

10:25: Former President Nasheed has called for President Mohamed Waheed Hassan Manik to step down from office and an interim arrangement to be established that would oversee a free and fair presidential election in the Maldives.

“The events of the past year – the mass arrests, the police brutality, the politically motivated trials – demonstrate that Dr Waheed cannot be trusted to hold a free and fair election. Waheed should do the right thing and resign from office. An interim, caretaker government should be established that can lead the Maldives to genuinely free and fair elections, in which all candidates are freely able to compete,” President Nasheed said.

President Nasheed labelled his ongoing trial “a politically motivated sham” and said the Hulhumale’ Magistrates Court – established to hear his case – was illegal and created “with the sole purpose of disqualifying me from standing in the presidential elections.”

President Nasheed said he could not hope to be afforded a fair trial and accused Waheed of “ruling down the barrel of a gun.”

President Nasheed added that “the fate of Maldivian democracy hangs in the balance” and said that “the Maldivian people must not be robbed of their democratic right to elect a leader of their choosing.”

10:42pm: Minivan News has observed around 1,500 now gathered on Sosun Magu.  MDP representatives have vowed to be there “every night” while Nasheed remains in the high commission building.

11:15pm: Several MDP MPs have pledged a first-round victory for Nasheed. Speakers addressing the crowd can be heard from the other end of Sosun Magu, however there is near silence outside the Indian High Commission on Ameer Ahmed Magu, Minivan News has witnessed.

Only the shards from two smashed bottles thrown at police earlier in evening indicate any sign of conflict, while further up Ameer Ahmed Magu, a handful of officers are stationed across the road from the high commission.

11:55pm: Minivan News has observed protesters throwing bottles at police.  Temporary barricades were also hurled at officers as protesters tried to make their way up to the People’s Majlis from Sosun Magu.

11:57pm: Protesters trying to make their way to parliament are met by police charges.

February 14, 00:01am: Protest is officially announced at an end for the night.

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Civil Court rejects case against Home Minister

The Civil Court has rejected a case accusing Home Minister Dr Mohamed Jameel Ahmed of influencing the ongoing trial against former President Mohamed Nasheed.

The case was filed by Maldivian Democratic Party (MDP) MP Mohamed Rasheed, however it was rejected by the Civil Court on the grounds that Rasheed had no connection with the case involving the former president at Hulhumale’ Magistrate Court, local media reported.

The case filed by Rasheed against Jameel stated that remarks made by the home minister on January 29 could influence the judges in their ruling against Nasheed, local media reported.

Jameel – who was formerly Justice Minister under Maumoon Abdul Gayoom’s administration – was reported in late January as stating that it was “crucial to conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”

He alleged the delay in Nasheed’s prosecution was due to “various reasons”, and would very likely have “adverse effects on the political and social fabric of the nation”.

“If things happen  this way, people will start believing that it was due to the failure to address some issues in the Maldives’ judicial system, which need to be looked into. And in my opinion, the courts will have to take responsibility for this,” Jameel said in an interview with news website Haveeru.

The MDP’s case requested the court to rule that Jameel should not make comments that could influence any ongoing trials.

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Former President Nasheed fails to attend court hearing

Former President Mohamed Nasheed failed to attend his scheduled trial hearing at Hulhumale’ Magistrate Court today (February 10), an official from the Judiciary Media Unit has confirmed.

The former president, who is currently out of the country in India, was due to attend the second court hearing regarding the controversial detention of Chief Judge of the Criminal Court Judge Abdulla Mohamed in January 2012.

The Hulhumale’ Magistrate Court granted Nasheed permission to leave the country for India on February 5, however the former president is yet to return to the Maldives despite his permitted travel period expiring yesterday (February 9).

According to local media, a letter had been submitted to the Hulhumale’ Court on February 7 by Nasheed, requesting for his travel leave to be extended from 5:00pm today (February 10) until February 28.

However, the travel extension request was today denied by the bench of judges presiding over Nasheed’s case.

An official from the Judiciary Media Unit told Minivan News today that Nasheed’s hearing – scheduled for 4:00pm – had been cancelled after the former president failed to attend.

Asked as to what action the court will take regarding the matter, the official was unable to give a specific response, adding: “The courts will do something, but I do not know what that will be”.

According to the official, a new hearing for the trial is yet to be set by the court.

Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor told Minivan News today that while the party had “no comment” regarding Nasheed’s lack of attendance at the hearing, the MDP maintains that Hulhumale’ Magistrate Court is “not a legitimate court”.

“The party maintains that [Mohamed Nasheed] should not go to that court, and we have raised the administration issues already,” he added.

Nasheed’s Spokesperson Mariya Didi was not responding to calls from Minivan News at time of press.

Supreme Court appeal

Earlier today, the legal team of former President Mohamed Nasheed appealed to the Supreme Court regarding the High Court’s ruling in favour of the legitimacy of Hulhumale’ Magistrate Court.

Nasheed had previously appealed to the High Court in order to contest the Hulhumale’-based court’s ruling in regard to his trial on three procedural issues raised during an initial hearing of his case in October 2012.

Despite the former president’s appeal, a three-member judges panel at the High Court ruled on February 4 that there were no “legal grounds” to declare Hulhumale’ Magistrate Court and its decisions illegitimate.

Following the High Court’s ruling, an official from the Judiciary Media Unit confirmed to Minivan News that Nasheed’s legal team have now appealed to the Supreme Court.

Local media reported that Nasheed’s legal team had tried to file the appeal at the Supreme Court on Thursday (February 7), but that this was refused due to insufficient documentation.

Former President’s legal team had argued that the Hulhumale’ Magistrate Court could not hold hearings on a nearby island, therefore ruling out Male’.

Furthermore, a summoning order issued to Nasheed by the court on September 26, 2012, was inconsistent with existing laws, according to his lawyers.

Finally, Nasheed’s representatives claimed the Hulhumale’ Magistrate Court was formed in contradiction to the Judicature Act.

In a statement following the High Court’s verdict throwing out these procedural points, Nasheed said the decision “clearly means I will not be allowed a fair trial.”

Former MDP Chairperson MP Mariya Didi noted that the High Court concluded the case after only two successive hearings, adding that it seemed the Hulhumale’ Court “had prepared summons before the High Court judgement was even delivered.”

Home Minister Dr Mohamed Jameel – formerly Justice Minister during President Maumoon Abdul Gayoom’s 30 year government – has meanwhile told local media that swift prosecution of Nasheed before the Presidential Election was necessary to protect the “political and social fabric of the Maldives”.

“Every single day that passes without a verdict will raise questions over the justice system of the Maldives in the minds of the people,” Jameel told newspaper Haveeru.

Background

The Prosecutor General (PG) pressed charges against the former President in the Hulhumale’ Magistrate Court on the grounds that holding the trial in Male’ at the Criminal Court represented a conflict of interest on behalf of Chief Judge Abdulla Mohamed, whom the case concerned.

The Judicial Services Commission (JSC) appointed the three-member panel of judges to oversee the trial of the former president.

The Commission’s members include two of Nasheed’s direct political opponents, including Speaker of Parliament Abdulla Shahid – Deputy of the government-aligned Dhivehi Rayithunge Party (DRP) – and Gasim Ibrahim, a resort tycoon, media owner, MP and leader of the Jumhoree Party (JP), also a member of the governing coalition.

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Presidential power struggle in the Maldives: South Asia Journal

The detention of the judge had provided the spark for a police and military mutiny – labelled by many a coup d’etat – which resulted in Nasheed’s departure from office on February 7, 2011, writes Daniel Bosley for the South Asia Journal.

“Alleging his resignation had come under duress, Nasheed and his supporters took to the streets the following day where they were met with brutal suppression by a police force which has yet to be brought to account for the numerous human rights abuses that ensued.

The Kafkaesque legal polemics when Nasheed was forcefully brought before the court for the first hearing in October hinted at deeper issues which underscore the country’s recent crises. Contending legal opinions suggested an illegal arrest warrant had been used, from an illegally assembled court, to bring an illegally removed president to trial, for the illegal detention of an illegal judge.

This labyrinthine situation indicates the urgent need for police and judicial reform in a struggling democracy which is looking increasingly rudderless. After months of political deadlock, street demonstrations, accusation and counter-accusation, Nasheed’s trial presents an opportunity to bring the political crisis back to where it began, with the judiciary and the criminal justice system.

Read more

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Declined foreign intervention on February 7: former President Nasheed

“There is no government worth maintaining at the cost of the death of any citizens,” former President Nasheed told supporters at a rally on Saturday night, explaining that he had rejected offers made by foreign allies to intervene during the controversial transfer of power on February 7, 2012.

Speaking at a rally of the Maldivian Democratic Party (MDP), the party’s presidential candidate Nasheed stated, “We are hearing many versions of what brought about my resignation on February 7. I am certain that the huge number of citizens who were watching that days events on TV would know very well that the events that unfolded then were unlawful. The question that remains in our minds is, what caused these events to unfold as they did?”

Nasheed said the country’s parliament, although it had existed for over 70 years, had only begun functioning in the active manner presently seen following the killing of Evan Naseem, a 19 year-old who was tortured and killed in prison on September 19, 2003.

“On that day, we can see how violence was utilised just to hold on to power. After the shootings in the Maafushi jail. After shooting at civilians and killing many unarmed people. After staining the sand of Maldives with the blood of the sons of Maldives,” Nasheed continued, “I, for one, certainly would never support clinging to power at the cost of violence against our people.”

He alleged that if the commanding officers in the Maldives National Defence Forces (MNDF) who were on the scene on February 7, 2012 had made a genuine effort to control the mutineering police and army officials, they would have succeeded.

“After things escalated to the worst levels, some among the soldiers requested access to the armory. I realized it would come to that, and that it was a decision I would need to make,” he said.

Nasheed, who had denied authorising access to the armory on that day, continued, “Maintaining power through violent measures is not something we would ever do. This party, from upon formation, always promotes human rights of our citizens and stands against violence.”

“Many friendly states did offer to make an intervention on February 7. Some even said they could make interventions without the use of any weapons. However, I believe that what we have at hand is a Maldivian problem. How I see it, even the events of November 3 was a problem for Maldivians. An undesirable act, yes, but nevertheless a Maldivian problem.

“I did not think it would be a wise move for any foreign country to make an intervention to solve a defence issue of the country, which is why I declined the offers,” Nasheed said.

Nasheed spoke of the moment he had resigned on the state broadcaster, which had earlier been stormed and taken over by the mutinying police and demonstrators. He stated that current Minister of Defence and National Security Mohamed Nazim had strongly cautioned him against saying anything that might create public panic, and had ordered him to ask senior officials of MDP to remain calm.

“On that day at 1:00pm in the afternoon, I talked of both these points I have just shared with you here. My statement that day included what I wanted to say, as well as what ‘Baaghee’ (traitor) Nazim wanted me to say,” Nasheed said.

Referring to the defamation case filed by Nazim against Nasheed for having referred to him as “baaghee” (traitor), Nasheed said he would prove to the people the court proceedings that Nazim was indeed a traitor to the state.

“I wonder if he [Nazim] intends to go ahead with the defamation case? I certainly hope he does. With the help of my lawyers we will prove that he has actively taken part in a coup and is, without a doubt, a ‘baaghee’,” Nasheed said at last night’s rally.

Nasheed then spoke of the testimony given by Brigadier General Ahmed Nilam to the parliament’s Executive Oversight Committee, saying he had always held Nilam in the highest respect, and even more so after reading the testimony.

Brigadier General Nilam was suspended from his duties at MNDF on January 19, after providing testimony to the parliament committee. The official MNDF statement read that the former intelligence head had been relieved of his duties as an investigation into the officer was being being carried out.

Nasheed stated that according to the laws of the state, the term “baghawaiy” (coup) was only used in the Defence Forces Act.

“In this country, a coup can only be orchestrated with the participation of military force. The current constitution does not define any ‘acts against the state’. The word ‘baghawaiy’ can only be found in the Defence Forces Act. Hence, only the defence personnel will be guilty of partaking in a coup. Everyone else would have committed unlawful acts,” he said.

Nasheed said that he believed only about 5-10 people from the defence forces had willfully participated in the coup, adding the same was true of the police forces.

“I understand that the law stipulates both police and army personnel to refuse to obey unlawful commands. However, I do not believe that every time an officer issues a command, each soldier should have to decide in their individual capacity whether or not the given command is lawful,” Nasheed said.

In conclusion of his public address, Nasheed referred to the elections which are scheduled for the last quarter of the year.

“We have been calling for early elections since the day of the coup, in vain to date. Some people might now say that the elections are very close, and suggest that we just wait for it. Well, I say that that simply cannot be done. We cannot go into an election while we are in the midst of a coup d’etat,” Nasheed stated.

“Elections are a very modern concept which is done in a modern manner. We cannot enter elections while the country is run by coup orchestrators. We must first rise out of this coup,” Nasheed said, in conclusion, pledging to his supporters that the party would work to achieve the goal and to cleanse the country’s reputation in international circles.

Defence Minister Nazim was not responding at time of press.

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President’s Office budget exceeded by MVR 7 million in 2010: audit report

President’s Office spent in spent MVR 7,415,960 (US$480,931) over the parliament approved budget for the office in 2010, according to the auditor general’s office.

The audit report, released on Thursday, focused on the expenses of the President’s Office and the residences of the President and the Vice President.

The report spells out explicitly 12 instances in which the Auditor General believes the President’s Office acted in breach of laws and regulations.

In addition to the excess expenditure of MVR 7 million, the report also highlights then-President Mohamed Nasheed’s chartering of an Island Aviation flight from Colombo to Male’ on November 19, 2010. This had cost MVR 146,490 (US$9500) for the charter itself, together with the ground handling fee of MVR 3,097 (US$ 201) paid to Sri Lankan Airlines, and fuel charges of MVR 11,925 (US$773) paid to Ceylon Petroleum Corporation.

The audit report states that while all these were paid from state funds, no records were available to prove that Nasheed booked this flight for official purposes. It stated that the trip was there considered to have been made for personal reasons and that Nasheed has not yet paid back this amount to the state.

The report also points out that the state had used the special budget of the Ministry of Finance and Treasury to settle payments worth MVR 21.9 million (US$1.4 million) to two foreign companies who were assisting an investigation which was being conducted by the Presidential Commission, understood to be an investigation of the former government’s sale of oil to the Burmese military junta.

Another transaction considered unlawful by the Auditor General’s report was the settling of pending bills dated between 2005 and 2008 submitted by a Malaysian company for the purchase of items for the presidential palace during former President Maumoon Abdul Gayoom’s administration.

Other incidents stated in the report include failure to submit reports on official trips made abroad or documents to highlight achievements made in these trips, hiring consultants outside of recruitment procedure and without specifying their duties, payment of fines levied due to failure to process bill payments by deadlines and incurring additional spending due to lack of timely organising of trips to local atolls.

The report details the amounts spend in the year 2010 on the annual paid vacation of 30 days with their respective families by the President and the Vice President.

Former President Nasheed is said to have spent MVR 446,578 (US$28,961) on a trip to Singapore with family, while  President Mohamed Waheed Hassan, then Vice President, had spent MVR 764,121 (US$49,554) on a trip to Malaysia and America with his own family.

The report calls on the state to put in place policies to govern limits of the amounts that can be spent by the President and Vice President on their annual vacation.

It also points out the lack of documentation to prove that trips made by families of the President or Vice President citing medical purposes were indeed made for those reasons.

The report emphasises that the amounts spent on the President’s official residence had significantly decreased, offering a comparison of the amounts spent since 2007. According to the report, the President’s official residence spent MVR 68.8 million in 2007, MVR 79.7 million in 2008, MVR 42.04 million in 2009 and MVR 27.13 million in 2010.

It cites staff cuts from 313 to 154 personnel, and lower spending on official trips among other reasons for the decreased spending.

Chief of Staff during Nasheed’s administration and current Deputy Chair, Finance, of MDP Ahmed Mausoom was not responding to calls at the time of press. Minivan News was also unable to reach President’s Office Spokesperson Masood Imad.

Read the full report (Dhivehi) here.

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Nasheed returns from visiting ill father

Former President Mohamed Nasheed returned to Male’ around 10:30pm Thursday night following a trip to Bangkok where he was visiting his ill father, reports Sun Online.

Nasheed left the Maldives December 25, 2012 following multiple immigration delays to his departure to Thailand.

This included the withholding of his passport due to the ongoing trial against him in relation to the arrest of Criminal Court Chief Judge Abdullah Mohamed while he was president, as well as a “technical error” at Ibrahim Nasir International Airport on December 21, local media reports.

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