Supreme Court orders Criminal Court to restart trials

The Supreme Court has ordered the Criminal Court to restart trials following the court’s decision to suspend all cases in the absence of a prosecutor general (PG).

In a statement today, the Supreme Court said it had told the Criminal Court that the criminal justice system must proceed in order to maintain constitutional rule.

The apex court ordered the Criminal Court to “continue with all ongoing cases without any obstruction, and continue issuing rulings such as that on [pre-trial] detentions as before.”

The Criminal Court had announced yesterday it will halt all ongoing cases as the PG’s position has been vacant for more than 30 days.

Former PG Ahmed Muizz had resigned from his position shortly before the parliament was set to debate a no confidence motion against him.

Speaking to Minivan News, deputy PG Hussein Shameem condemned the Criminal Court for its decision, alleging the court had not discussed the matter with him or the parliament.

Further, people held in pre-trial detention may have to stay in remand centers if cases do not go ahead, Shameem said.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

“That is one of my biggest concerns over this issue, it is a responsibility of the PG office to uphold constitutional rights of the people.’’

There were no laws stating that the deputy PG cannot fulfill the responsibilities of PG in the case of the position being vacant, Shameem added.

He argued that PG’s office’s work must not come to a halt because the parliament had failed to appoint a new PG.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s Independent Commissions Committee and the committee decided to seek public opinion on him before sending it to the parliament floor for voting.

However, the parliament is now on recess and will not start work until March.

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Criminal Court stops accepting cases from PG’s Office

The Criminal Court has today decided not to accept any cases submitted by the Prosecutor General’s Office and to halt all existing cases because the position of Prosecutor General (PG) has been vacant for over 30 days, the PG’s Office has confirmed.

On November 25, former PG Ahmed Muiz submitted his resignation, shortly before parliament was set to debate a no-confidence motion against him.

Speaking to Minivan News today Deputy Prosecutor General Hussein Shameem said that as soon as he receives the court’s decision he will appeal it at the High Court.

Shameem stated that the laws do not say that the Deputy PG cannot take over the responsibilities of the PG in a case where a new PG is not appointed within 30 days.

He also said that it was for the parliament to appoint a new PG, noting that the Criminal Court had not discussed the issue with the parliament before making the decision.

Shameem expressed concern that there were people held in pretrial detention who are to be kept there until their trial was concluded.

“So what do they do now, it would not be fair to keep them in there until the parliament comes back to work from recess after three months and appoint a new PG,’’ Shameem said.

“That is one of my biggest concerns over this issue, it is a responsibility of the PG office to uphold constitutional rights of the people.’’

He said the court had not approached the PG’s Office before making this decision.

“And also, this morning the court made the decision but today afternoon we received a chit from the court stating that two cases have been scheduled for tomorrow,’’ he said, adding that “maybe the two cases are concerning someone close to them.’’

Furthermore, Shameem said that there were no laws stating that the Deputy PG cannot fulfill the responsibilities of PG in the case of the position being vacant. He argued that the work of PG’s Office should not come to a halt because the parliament had failed to appoint a new PG.

He also said that the court had informed the PG that it will continue the extension of detention trials for those under arrest.

On December 10, President Abdulla Yameen proposed his nephew Maumoon Hameed for the post of Prosecutor General and submitted the name to the parliament for the MPs to approve.

The issue was sent to parliament’s Independent Commissions Committee and the committee decided to seek public opinion on him before sending it to the parliament floor for voting.

However, the parliament is now on recess and will not re-commence work until March.

Criminal Court Spokesperson Ahmed Mohamed Manik did not respond to Minivan News at time of press.

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Court to rule on MDP MP Jabir’s trial next month

Criminal Court Judge Abdulla Didi has today said that the court will deliver a verdict on the trial of Maldivian Democratic Party (MDP) MP Abdulla Jabir, who has been charged with possession of cannabis.

According to local media, the last hearing was held at the Criminal Court where both the Prosecutor General (PG) lawyers and Jabir’s defense lawyers submitted the concluding statements.

Local paper Haveeru reported the prosecution as telling the court that the island Hondaidhoo was owned by Jabir and so the MP must take responsibility for the drugs found on the island as no one else has taken the responsibility.

Jabir’s lawyer told the court that the island was not under the control of Jabir and that he had not participated in any drug transactions. The defence lawyer also stated that the witnesses produced to the court by the state were police officers that had tortured Jabir, thus invalidating their their statements.

If Jabir is found guilty, he will have to serve a 15 year prison sentence and pay a fine of MVR25,000 to MVR500,000 according to Maldivian Drug Act.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

In August this year, the PG charged MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor with smuggling alcohol into the country and with consuming alcohol.

Jabir and Hamid were also both charged with objecting to urine testing and possession of cannabis and alcohol.

Hamid’s failure to attend hearings for his case prompted the court to sentence him to 6 months, despite his claims to have been excused from the specified hearings due to parliamentary privilege.

After initial house arrest and a short stay in Maafushi jail, Hamid’s sentence was overturned by the High Court – though the alcohol and urine test cases are still pending.

The MDP has alleged that the treatment of its MPs, including, Jabir was noticeably different to those of other parties, accusing prosecutors of persecuting its members and supporters.

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State produces three police officers as witnesses against MDP MP Jabir

The state has today produced three police officers to the Criminal Court as witnesses against Maldivian Democratic Party (MDP) MP Abdulla Jabir, during the hearing of a case in which Jabir faces charges of possession of cannabis.

According to local media present at the trial, Jabir told the court that the three police officers were among the policemen who allegedly brutalised him on the uninhabited picnic island of Hondaidhoo where he was arrested and that the Police Integrity Commission’s (PIC) report on his arrest concluded that police were brutal.

Chief Judge of the Criminal Court Abdulla Mohamed, presiding over the case, asked Jabir to submit video footage of the torture to the court.

Jabir’s lawyer argued that the constitution states that any witness or evidence obtained in violation to the laws should not be accepted by the court.

However, the judge replied that the court would decide on accepting the witnesses when delivering the verdict and that the court would hear what the witnesses have to day.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

In August this year, a Criminal Court media official told Minivan News that the PG had charged MDP MPs Abdulla Jabir and Hamid Abdul Ghafoor with smuggling alcohol into the country and consuming alcohol.

Jabir and Hamid were also both charged with objecting to urine testing and possession of cannabis and alcohol.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test, said Manik.

Additionally, the son of former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and can be fined up to MVR10million.

On 24 October, the Criminal Court issued a warrant to arrest and summon Hamid to the court, but the MP took refuge in the parliament building on the same day meaning police were unable to arrest him.

The Criminal Court later sentenced Hamid to six months for failing to produced himself to the court.

The MDP has previously alleged that the government aligned parties were attempting to reverse the MDP’s majority in parliament by using courts that remain under the influence of former president Maumoon Abdul Gayoom as a means to strip the MDP MPs of their seats in parliament.

On October 24, the Supreme Court ruled that MDP MP Ali Azim and MDP-aligned Dhivehi Rayyithunge Party MP Mohamed Nashiz were disqualified from the parliament over an unpaid debt.

On November 4, Progressive Party of Maldives (PPM) council member and prominent lawyer Mohamed ‘Wadde’ Waheed filed a case at the Supreme Court requesting the court disqualify DRP Leader and MP Ahmed Thasmeen Ali from parliament.

Leader of the government-aligned Maldivian Development Alliance (MDA) and MP Ahmed ‘Sun Travel’ Shiyam is also facing alcohol possession charges that – if convicted – would result in the loss of his seat.

The Inter-Parliamentary Union has requested an urgent visit to the Maldives, arriving last week to attempt to build trust between factionalised institutions, whilst the US has expressed concern at reported intimidation,

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Police ask PG to charge Sri Lankan woman and Maldivian man for fornication

Police have concluded the investigation into a case where a Maldivian man and a Sri Lankan woman are alleged to have had sex in Hulhumale’, and have sent the case to the Prosecutor General’s Office for prosecution.

In a statement issued the police identified the two as Mohamed Didi, 41, of Male and Dhamika Siriyala, 41, from Sri Lanka.

Police said on May 13, 2013, they were caught inside a room in Hulhumale’ rented on a daily basis.

The investigation into the case was concluded on August 25 and sent to PG the same day.

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Leading MDP politicians to be charged with drug and alcohol offences

The Prosecutor General (PG) has filed drug related charges against Maldivian Democratic Party (MDP) senior figures arrested on Hondaidhoo Island in November last year in alleged possession – and under the influence – of illegal substances.

Criminal Court Media Official Ahmed Mohamed Manik today told Minivan News that the PG had charged MPs Abdulla Jabir and Hamed Abdul Ghafoor, and a person identified as Jadhulla Jameel, with smuggling alcohol into the country and consuming alcohol.

According to Manik, the PG has also forwarded additional charges against other individuals arrested from Hondaidhoo.

Jabir, Ghafoor, and Jadhulla Jameel were also charged for objecting to urine testing and possessing of cannabis.

Former President Mohamed Nasheed’s Press Secretary Mohamed Zuhair and his wife Mariyam Faiza were also charged for objecting to take a urine test, said Manik.

Additionally, the son of former President Nasheed’s Special Envoy, Mohamed Hamdhoon Zaki,  has been charged for trafficking illegal drugs into the country – the penalty for which is 25 years and can be fined up to MVR10million.

According to the Drug Act, Sections 123(a), 161(a), and 161(b), any person arrested on suspicion of having abused alcohol or narcotics has an obligation to comply with police requests for routine urine examination by promptly providing urine samples, and failure to comply is a criminal offence punishable with a one-year jail sentence.

A total of 10 people were taken into police custody on November 16 after police raided and searched Hondaidhoo with a court warrant. Officers alleged they found large amounts of suspected drugs and alcohol upon searching the island.

Two Sri Lankan nationals named Raj Mohan and Anoor Bandaranayk, as well as a Bangladeshi named Suhail Rana, were taken into custody following the island raid.  Their cases have not been filed at the PG’s office.

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Police request prosecution of 27 year-old male over traffic collision death

Police have concluded an investigation into a collision that left a woman dead in Male’ last month, requesting the state prosecute a 27 year-old male accused of driving the motorcycle that had struck the vehicle on which she had been riding.

In a statement issued today, police said they had requested the Prosecutor General’s Office (PGO) charge 27 year-old Ahmed Gassam from Naifaru in Lahviyani Atoll over his role in the collision that led to the death of Aishath Anwar, also 27.

On May 6, 2013,  police alleged that the bike which Gassam was riding collided with another bike near Coffee Corner on Buruzu Magu.

Police said that incident occurred at 12:38am.

The Maldives Motor Vehicle Act states that in the case of traffic collisions resulting in death, a suspect accused of carelessness while in control of a vehicle should face criminal charges.  In such a case, the suspect is required to face the punishment outlined under the Islamic Sharia, while also  having their driving license withheld for 10 years if found guilty.

Police previously identified the woman who died in the collision on May 6 as Aishath Anwar, 27, from Thinadhoo in Gaafu Dhaalu Atoll.

Aishath Anwar died in a hospital in Sri Lanka on 11 May 2012, five days after the collision.  She had been receiving treatment for severe injuries sustained to her head at the time of her death.

Local media at the time quoted Anwar’s family of accusing Indira Gandi Memorial Hospital (IGMH) in Male’ of being unable to provide her with prompt and proper treatment.

Anwar was admitted to IGMH after the accident, before being transferred to Sri Lanka for further medical treatment.

Her family were quoted in media as claiming doctors at the Sri Lankan hospital had said that the chances of saving Anwar’s life would have been high has she been brought to the country earlier.

The family alleged at the time of there being a delay in transferring Anwar from the Maldives to Sri Lanka as a result of the unspecified actions of IGMH hospital.

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Police forward Disaster Management Centre case to PG

Police have forwarded a MVR 24 million (US$1.55 million) corruption case involving the National Disaster Management Centre to the Prosecutor General, calling for charges against nine people including former head of the centre, Abdulla Shahid.

In a statement issued today police confirmed the case was forwarded to the PG and called for the prosecution of Abdulla Shahid, 50, Mohamed Shahid, 53 (the brother of parliament speaker Abdulla Shahid), Ahmed Najah, 24, of Maradhoo in Addu City, Ahmed Arif, 49, of Henveiru Everglow, Mohamed Waheed, 53, of Eydhafushi in Baa Atoll, Abdulla Saeed, 49, of Hoadedhoo in Gaafu Dhaalu Atoll, Abdulla Hassan, 56, of Henveiru Sosunmead, Moosa Ali Kaleyfaanu, 49, of Kandholhudhoo in Raa Atoll, Ahmed Shammoon Zahir, 23, of Mahchangolhi Blackpool.

The case was first forwarded to police by the Auditor General on April 19, 2012, while the Anti-Corruption Commission forward the matter on January 18, 2013.

Police thanked the Anti-Corruption Commission and Auditor General’s Office for assistance in investigating the case.

The case involving the Disaster Management Centre concerns an audit report produced by the Auditor General. In the report, the Auditor General alleged that MVR 24 million (US$1.5 million) was fraudulently obtained from the budget allocated for the centre for the year 2009 and 2010.

The Auditor General’s special report into the case alleged that the Disaster Management Centre had photocopied, edited and reused ‘Credit Purchase Order Forms’ in 2005, to withdraw the MVR 24 million from the centre’s budget at the Finance Ministry.

The ‘Credit Purchase Order Forms’ were originally given to the Disaster Management Centre in 2005 to withdraw cash from the Tsunami Recovery Fund.

The Auditor General’s report also suggested that the Finance Ministry was complicit in the alleged fraud.

In March 2012, the Anti-Corruption Commission (ACC) sent a corruption case to the Prosecutor General’s Office concerning the Disaster Management Centre and a housing project carried out on Gan in Laamu Atoll, following damage suffered in the 2004 tsunami.

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“Serious failings in the justice system entrenched impunity”: Amnesty International

Failure to prosecute police officers accused of human rights abuses and “serious failings in the justice system entrenched impunity” in the Maldives during the past year, Amnesty International has said in its annual report.

“These [failings] included the absence of codified laws capable of providing justice equally to all and the appointment of judges who lacked formal training in law without serious scrutiny of their legal qualifications,” the international human rights organisation stated.

“Throughout the year, authorities were accused of political bias for fast-tracking the prosecution of opposition supporters accused of criminal behaviour during rallies while failing to prosecute police and others suspected of committing human rights abuses during the same protests.”

The 2013 Amnesty annual report on the state of the world’s human rights observed that former President Mohamed Nasheed’s resignation on February 7, 2012 was “followed by months of protest and political repression.”

Nasheed resigned in the wake of a violent mutiny by Special Operations (SO) police officers, who assaulted government supporters, ransacked the ruling party’s Haruge (meeting hall), staged a protest at the Republic Square, vandalised the police headquarters, clashed with the military and stormed the state broadcaster.

Since the transfer of presidential power, the security services have used excessive force “to suppress demonstrations that were largely peaceful,” the report noted.

In June 2012, the Maldives Police Service (MPS) however denied “in the harshest terms” allegations of police brutality by Amnesty International.

“Supporters of the former President’s Maldivian Democratic Party (MDP) were targeted for attack in February. Detainees were subjected to torture and other ill-treatment,” the report continued.

“Targeted violence” against MDP members plunged the nation into “a human rights crisis” in February 2012, the Amnesty report contended.

“Throughout the year, security forces frequently attacked peaceful demonstrators, including MPs, journalists and bystanders, in the capital Malé or in Addu, both MDP strongholds. Officers clubbed them, kicked them and pepper-sprayed them directly in the eyes. Around the time of Mohamed Nasheed’s resignation, from 7 to 9 February, police targeted senior MDP members for attack and tracked down and assaulted injured protesters in hospitals,” read the report.

Amnesty also reported torture and ill-treatment in police custody, including “beatings, pepper-spraying the eyes and mouth, denial of drinking water and, in Addu, incarceration in dog cages.”

The report noted that a Commonwealth-backed Commission of National Inquiry (CoNI) established by President Dr Mohamed Waheed – which found that Nasheed resigned voluntarily – had taken note of “allegations of police brutality and acts of intimidation” and called for “investigations to proceed and to be brought to public knowledge with perpetrators held to account.”

Criminal proceedings have however yet to begin against a single police officer accused of human rights abuses in the aftermath of February 7.

Impunity

In August 2012, the Human Rights Commission of Maldives (HRCM) concluded that the police crackdown on a MDP march across Male’ on February 8, 2012 that left dozens of demonstrators injured was “brutal” and “without prior warning.”

Based on its findings, the HRCM recommended that the Maldives Police Service (MPS) and Police Integrity Commission (PIC) should investigate the “disproportionate” use of force – in violation of police regulations authorising use of less-lethal weapons – and initiate legal action against the responsible officers.

On February 8, thousands of MDP supporters took to the streets after Nasheed declared that his resignation the previous day was “under duress” in a “coup d’etat” instigated by mutinying SO police officers working with the then-opposition and abetted by rogue elements of the military.

The HRCM noted that 32 people filed complaints with the commission concerning varying degrees of injuries sustained in the crackdown and 20 people submitted medical documents of their treatment for injuries.

Among the injuries caused by the police baton charge, the HRCM report noted that several people were bruised and battered, one person fractured a bone in his leg, one person was left with a broken arm and six people sustained head wounds.

Two fingers on the left hand of one demonstrator were crushed, the report noted, and the victim had to undergo treatment at the operating theatre.

The PIC meanwhile revealed in December 2012 that it “recorded 24 individual cases of police brutality related to 7th and 8th February” and completed investigation into 12 cases.

Six cases were sent to the Prosecutor General’s Office (PGO) for criminal prosecution.

“In one more case, though police brutality was proven, there was insufficient evidence to identify the responsible policemen. Investigations of the remaining 12 cases is ongoing, but are expected to be completed soon,” the commission said in a status update.

In February 2013, PIC Chair Dr Abdulla Waheed told parliament’s Government Oversight Committee that it was investigating 29 police officers accused of using excessive force against MDP demonstrators.

The PIC chairperson could not confirm whether the commission’s recommendation to dismiss six officers of the 29 under investigation was acted upon.

He added that five cases were pending despite video evidence of police brutality as the officers could not be identified and 11 additional cases remained stalled over lack of sufficient evidence.

Former PIC Chair Shahinda Ismail had revealed that officers the commission had recommended for suspension had instead been given promotions. Shahinda resigned in October 2012 citing “major difference of opinion” with other members.

“What I’ve seen in the actions of institutions is that they have been giving a lot of space for the police to act with impunity,” she said at the time.

February 8 crackdown
An injured protester

While police baton charged the front of the protest march on February 8, Minivan News observed SO officers charging the crowd from a narrow alley leading to the Maldives Monetary Authority (MMA) building.

The SO officers used obscene language, pointed to and chased after individual MDP activists and severely beat unarmed civilians.

Parts of the attack from the rear were filmed by Al Jazeera, which reported on February 8 that “police and military charged, beating demonstrators as they ran – women, the elderly, dozens left nursing their wounds.”

Former President Nasheed was reported among the injured, and received head injuries during the clashes. He was briefly taken under police custody before being released back into the crowd.

Minivan News also observed several youth with head injuries queuing up for x-rays in the waiting area outside the reception area at the Indira Gandhi Memorial Hospital (IGMH).

One young woman who had gone to IGMH with her sister was being treated for a head wound. A gauze wrapped around her head was spotted with blood, and she claimed the wound was still bleeding as she went in for an X-ray.

“The police were just standing there and suddenly we were being beaten with batons and pepper spray was thrown in our face. They threw us to the ground and kept beating us,” she said.

The BBC meanwhile reported “a baton charge by police on crowds gathered outside one of the main hospitals.”

“People scattered as officers sprinted towards them silhouetted against the lights of passing traffic,” the BBC’s Andrew North reported from Male’.

“Inside the hospital, dozens of Mr Nasheed’s supporters are still being treated for injuries, following earlier scuffles in the main square. Among them is Reeko Moosa Maniku, chairman of Mr Nasheed’s Maldives Democratic Party – who was with the former president when the clashes broke out. With a large head bandage and his shirt bloodied, he regained consciousness as we arrived. The police said they would kill me, he told us, as they beat me. Another MP was still unconscious in another ward.”

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