Tag: PG

PG receive cases against six suspects in Shifan murder case

The police on Wednesday requested the Prosecutor General’s Office (PG) charge six people in connection to the murder of 33 year-old Ali Shifan ‘Tholhi Palay’, third victim to be killed in the spree of gang-related stabbings across capital Male’.

A statement released by the police says that cases have been forwarded against: Ali Nabeeh,22, of M.Nalahiyaa Manzil, Mohamed Shaifan,18, of Male’ Dhaftharu no 3912,  Razzan Abdu Rahman,19, of Kaanimaage house in Thulhaadhoo island of Baa atoll,  Abdul Thilmeez,20, of M.Thilmeez,  Mohamed Asif,19, of Maafahi house inKurendhoo island of Lhaviyani atoll and Mohamed Mishaan Abdul Haadhy,20, of M.Silver Nest.

The attack widowed Shifan’s wife of three years.

Shifan was attacked at about 4:15pm on April 1 outside the Westpark restaurant on Boduthakurufaanu Magu, the outer ring road of Male’.

He was stabbed multiple times in the back and arms by two men on a GN motor bike as he stepped out of a restaurant to meet a friend, the police said. He had no previous records of any gang involvement, police confirmed. But it was unclear as to why he was targeted in a gang related attack.

“Shifan was a very peace loving man and he always said he did not want war,’’ a friend of Shifan previously told Minivan News, claiming the assailants attacked Shifan because of his friends, who were themselves  allegedly involved in a previous gang attack.

The source also alleged the attack was politically motivated and that gangs were being set against each other.

Prior to the brutal stabbing of 33 year-old Shifan on April 1, a pair of 21 year-olds – Abdul Muheeth and Ahusan Basheer -were stabbed to death on February 19 and March 17 respectively. Both cases are now in court with charges against a total of nine people, including four minors.

In addition to these murders, a 16 year-old boy named Mohamed Arham was also found dead with multiple stab wounds on May 30, while controversial blogger and journalist Hilath Rasheed made a miraculous recovery from a fatal attack in which his throat was slit by the assailants. Both cases are currently under investigation. No arrests have been made.

Several more victims, including expatriates, have been brutally injured or killed in gang related attacks.

The spate of stabbings and murders have provoked pressures from the public to impose stricter punishments to the perpetrators. Families of the victims have both in court and in public platforms are calling for justice and the death penalty to be implemented to curb the increasing gang violence.

Though the Islamic Sharia and the penal code states death penalty as a punishment, it has not been executed for decades. Death penalty sentences are traditionally changed to life imprisonment.

The government has meanwhile said it will not hesitate to implement death sentences if the parliament approves it.

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Police conclude investigation into Rf 18 million Sheesha fraud case

Police have completed the investigation into a case involving Rf18 million (US$1.2 million) that went missing from a State Bank of India (SBI) account of three brothers who own local motorcycle retailer, Sheesha.

The incident occurred in November 2011. The Criminal Court issued an Interpol red notice to apprehend three persons suspected to be involved in the case.

The names sent to the Prosecutor General were Ibrahim Shahid, 42 of Thulhadhoo in Baa Atoll, Mohamed Mustafa, 35 of Lhaimagu in Shaviyani Atoll and Mohamed Muthausim, 32 of the same island and Mohamed Rasheed Abdul Gadhir.

Police said the names of four other persons indirectly related to the case were also sent to the Prosecutor General.

Ibrahim Shahid of Baa Atoll Thulaadhoo, accused of stealing Rf18 million (US$1.1 million) from the State Bank of India (SBI) account was apprehended in Sri Lanka in February this year.

On November 24, 2011 the account owners discovered that several unauthorised transfers had been made from their joint personal savings account to an unidentified recipient, the first transaction being made on November 9.

Following the discovery the Sheesha brothers Ahmed Hassan Manik, Hussain Husham and Ibrahim Husham said the transfer had been made to a Bank of Maldives account with a forged document using Manik’s name. The brothers said they would sue SBI and requested the bank take full responsibility for the theft.

In November Hussain Husham told the media that the total amount of Rf 18 million was  in two transactions, with the first transaction made on November 9 with the withdrawal of Rf 8.5 million (US$551,000).

Later on December 20, the culprits withdrew a further Rf 9.5 million (US$616,000) from their account.

Hussain told the press at the time that SBI transferred the money to an account with the Bank of Maldives, using a forged document faxed to SBI.

He said the document had the name and signature of Ahmed Hassan Manik, and that the money transferred to Bank of Maldives account had already been withdrawn when they came to know about it.

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Six arrested during MDP protest against prosecution of party supporters

Police arrested six people during the Maldivian Democratic Party’s (MDP) demonstration held on Tuesday evening to protest against ongoing court cases against its supporters.

According to the party, the Prosecutor General (PG) has filed charges against 60 MDP members for obstruction of police duty during the party’s three-month series of protests. If charges are proved, the accused may be jailed for six months or fined up to Rf 12,000 (US$800) each.

The Criminal Court on Tuesday held hearings against 10 people charged with obstruction of police duty during an MDP rally on March 1.

The six arrested on Tuesday were also detained for obstruction of police duty.

The MDP has been campaigning for fresh elections in 2012 after former President Mohamed Nasheed alleged he was deposed in a coup d’état, carried out by mutinous elements of the police and military on February 7.

Speaking to MDP members on Tuesday night, Nasheed said he was “concerned about the arrest and prosecution of protesters exercising their right to freedom of expression and assembly.”

The MDP continues to rally against prosecution of its supporters with a peaceful demonstration held outside the Supreme Court building at 2:00 pm on Wednesday. At time of press MDP supporters were also gathering outside the Justice Building where the country’s lower courts are housed.

Arrests

Police Spokesperson Hassan Haneef said the six people arrested on Tuesday were detained for obstructing police duty after they broke through police barricades in front of the Maldives Monetary Authority (MMA) building. Five of the six arrested continue to remain in custody.

Haneef also said two police officers had suffered head injuries after protesters threw glass bottles at the officers.

Minivan News observed over a thousand protesters at the MDP rally.

In a statement on Wednesday, the MDP claimed its supporters were pepper-sprayed at close range and beaten with batons on Tuesday night.

Video footage of the protest shows a woman fall to the ground as police officers in riot gear attempt to arrest her.

Court cases

The ten people who appeared in court on Tuesday were arrested during an MDP protest on March 1 which had sought to obstruct new President Mohamed Waheed Hassan from delivering a presidential address at parliament’s opening session on March 1.

According to local media, two policemen gave differing statements on Tuesday’s hearing. One police officer said he had witnessed eight of the 10 men who appeared in court beating police shields, while another policeman said he had only seen five of the ten men beat on police shields during the protest.

The Prosecutor General’s (PG) Office was unable to confirm the exact number of cases filed at court for obstruction of police duty.

However, Deputy PG Hussein Shameem has previously told Minivan News that 116 cases had been filed against demonstrators regarding unrest on February 8. Riots broke out throughout the Maldives following a brutal police crackdown on MDP supporters in Malé. Court buildings and police stations were set on fire and vandalised during the riots.

“We have submitted 116 cases to the criminal court. The charges we have filed regard obstruction of police duty, assault on police officers on duty, and attempt to assault police officers on duty,” Shameem said.

Freedom of assembly

Speaking to MDP supporters, Nasheed said he condemned the charges against “peaceful” protesters while police and military officers who carried out the “coup” continued to remain free.

“Maldivian citizens cannot accept the prosecution of protesters who raised their voices against treasonous police and military, when we continue to see these officers in front of us,” Nasheed said.

“It is essential that we come out in support of those who are being tried. We gain success only when we find courage in each other to overcome fear. It will be difficult to carry out civil disobedience if we neglect those who are arrested from amongst us,” Nasheed added.

Police have also forwarded two different cases against Nasheed over the discovery of alcohol bottles at his former residence Muleeage on February 7 and the controversial arrest of Criminal Court Chief Judge Abdulla Mohamed in January.

Video footage of MDP rally on May 8:

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“Coup investigation not within our mandate”: HRCM, PIC, PG, ACC, MMC

Investigation into the legality and legitimacy of the transfer of power on February 7 is not within Maldives’ independent state institutions’ mandate, the institutions have said.

Instead, the Human Rights Commission of the Maldives (HRCM) and the Police Integrity Commission (PIC) will respectively investigate human rights violations and police conduct on February 7.

The Prosecutor General (PG) and the Maldives Media Council claim the two bodies do not have investigative authority, while the Anti-Corruption Commission (ACC) said no cases have been lodged with the commission regarding the transfer of power.

Following the Commonwealth and EU’s call for an impartial investigation into the alleged coup d’état, President Dr Mohamed Waheed Hassan appointed a three member Committee of National Inquiry (CNI) to investigate the transfer of power. However, the commission has come under fire from the Maldivian Democratic Party (MDP) and civil society groups for unilateralism and lack of independence.

Moreover, the CNI has said it will not conduct a criminal investigation, but will publish a report based on members’ informed opinions in May. The commission’s mandate “specifically indicates that the inquiry will not be a criminal investigation. Any criminal investigation pertaining to the subject of the inquiry will remain the responsibility of the relevant authorities”.

But with the abdication of responsibility by independent state institutions, it now appears no independent commission in the Maldives will investigate the power transfer of February 7.

Ousted Maldivian Democratic Party (MDP) spokesperson Hamid Abdul Gafoor expressed “deep disappointment” and said institutions were “not extending themselves enough.”

“When the system breaks down, it is the responsibility of national mechanisms to deal with it. The democratic impulses driving these institutions are dying. This is why we are asking for external involvement and mediation in the inquiry,” he said.

President Mohamed Nasheed stepped down after elements of the police and military mutinied and called for his resignation. Video footage also show the police and military vandalising MDP’s offices and taking over state media Maldives National Broadcasting Corporation (MNBC) prior to Nasheed’s resignation.

Police cracked down on peaceful demonstrators in Malé the following day on February 8, leading to widespread arson and vandalism of courts, police stations and courts in the atolls.

HRCM

Speaking to Minivan News, the Human Rights Commission of the Maldives (HRCM) said the commission will investigate human rights violations on February 6, 7, and 8, and release a comprehensive report by mid-April. However, the commission will not look into the transfer of power.

“We will not be looking into the transfer of power. The transfer of power is out of the commission’s mandate or the capacity in terms of numbers to investigate such a complex matter that involves so many institutions,” said commission member Ahmed Abdul Kareem.

“If HRCM gets involved in this inquiry, then we will not be able to investigate day-to-day cases,” he added.

He also said the best solution was for an impartial state inquiry with the representation of the Majlis and courts.

HRCM is currently investigating former President Mohamed Nasheed’s detention of Chief Judge of the Criminal Court, Abdulla Mohamed. The former President, along with former Home Minister Hassan Afeef and Defence Minister Tholath Ibrahim, were last week summoned for questioning by the commission.

In response Gafoor said, “If the HRCM does not understand a coup to be an infringement of an entire public’s human rights, they are not extending themselves at all.”

Police Integrity Commission

President of the Police Integrity Commission (PIC) Shahindha Ismail said the commission would only be investigating the legality of police actions before and after February 7.

“Although the question of a coup has been raised, the PIC does not have the mandate to investigate such a claim. We are investigating police actions before and after February 7—whether they were lawful or unlawful,” she said. The PIC can only address the question of police mutiny once investigations are complete, she added.

Further, the PIC can only investigate the police role, but not that of the military. “There is no oversight body of the military except for the parliament,” she said.

Police Commissioner Abdulla Riyaz previously told local media the police would not be conducting an internal investigation of police conduct during transfer of power, citing concern of investigation “overlap” on the issue between the HRCM and the PIC.

Prosecutor General’s Office

Deputy PG Hussein Shameem said the Prosecutor General was not an investigative body, but could order an investigation if an investigation is not taking place.

“We have not ordered an investigation because we have been informed such an investigation is ongoing,” Shameem said referring to the CNI’s work.

Article 223 (d) of the constitution gives the PG the authority to oversee the legality of preliminary inquiries and investigations into alleged criminal activity. However, with the CNI stating it will not conduct a criminal investigation, the PG office’s role in the CNI inquiry is now unclear.

Maldives Media Council

Minivan News asked the Maldives Media Council (MMC) whether it was investigating the police and military takeover of the Maldives National Broadcasting Corporation (MNBC) on February 7. Video footage shows some kind of firearm or explosive being used to enter the courtyard, and MNBC staff alleged the police and military intimidated them, and forced some journalists to go home before rebranding the station to its former title under Maumoon Abdul Gayoom.

The 15 member MMC is mandated by law to establish and preserve the freedom of media.

MMC President Mohamed Nazeef said the council was not an investigative body, and was waiting on other institutions to complete investigations.

“We are waiting since other institutions, such as the HRCM are investigating this matter. We do not want an overlap. We are not an investigative body and we cannot conduct an in-depth criminal investigation. We can only recommend matters of concern to the police. But if no one is investigating the issue, we will address it,” he said.

“MNBC was state media, controlled and protected by the government. Our concern and focus was more on the media personnel and private independent media organisations,” Nazeef added.

The Anti-Corruption Commission

The Anti-corruption Commission (ACC) said that although the MDP alleged elements of the police and the Maldives National Defense Forces (MNDF) were bribed to revolt against Nasheed, the commission could not investigate the entire military and police force.

“There are allegations that the police and military took bribes during the transfer of power. But there are approximately 5000 police officers. We cannot investigate the entire police force. We would need to conduct a forensic investigation, check their bank accounts and the bank accounts of relatives. But no one, even on a podium, has said with certainty the individual who took bribes. They say all police officers took bribes. I would like whoever is accusing the police to give us more details,” ACC President Hassan Luthfee said.

He also said there had only been two cases submitted regarding the transfer of power. One of them concerned a complaint that MDP demonstrators who laid money at police feet were actually bribing the police. The MDP were protesting against alleged police bribery.

The CNI

The CNI has now asked for witness statements and asked the public to upload statements and videos on their website if witnesses were uncomfortable giving statements in person.

The CNI has collected statements from all political parties except the MDP. But the MDP has refused to cooperate with the committee.

“We do not recognise the CNI. How can the people who instigated a coup investigate the coup? There is no validity in the process. How can we give any weight to it?” Gafoor told Minivan News.

The MDP has raised concerns over the committee’s composition. The CNI is chaired by former President Maumoon Abdul Gayoom’s Defence Minister Ismail Shafeeu. The MDP has also called for strong international presence on the commission.

The EU, Commonwealth, India, UK and the US have called for an impartial investigation.

Dr Waheed Hassan told local television station Villa TV (VTV) he would resign and reinstate ousted President Nasheed if the CNI established the February 7 transfer of power to be illegitimate.

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Police forward Gasim’s bribery case for prosecution

Police have sent a bribery case involving Jumhoree Party (JP) leader Gasim Ibrahim to the Prosecutor General’s office, reports Haveeru.

Gasim was accused of bribing up to six Maldivian Democratic Party (MDP) MPs in 2010 in a bid to unseat then President Mohamed Nasheed. Nasheed’s ministers resigned in protest against what they described as the “scorched earth” politics of the opposition-majority parliament.

The case had been returned to police by the PG on the grounds that it was “incomplete”, reports Haveeru, with the PG’s office requesting to meet with relevant witnesses.

“We have forwarded the case to the PG after completing those areas,” police told the newspaper.

Gasim and former President Gayoom’s half brother Abdulla Yameen had earlier been arrested by Nasheed’s government on charges of bribery and treason, however the Supreme Court had ruled against their detention.

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Parliament’s National Security Committee to summon Home Minister and Defence Minister

Yesterday the Parliament’s National Security Committee has decided to summon Home Minister Hassan Afeef and Defence Minister Thalhath Ibrahim and Home Minister Hassan Afeef to clarify some information following the protests in Male’ every night after the military detained Chief Judge of the Criminal Court Abdulla Mohamed.

The issue was presented to the National Security Committee by Maldivian Democratic Party (MDP) MP for Manadhoo Mohamed Thoriq.

Former Judicial Service Commission (JSC) members Aishath Velizinee and Dhivehi Rayithunge Party (DRP) MP Dr Afrasheem Ali will also be summoned regarding the issue.

Yesterday a closed door meeting of the Parliament’s Security Services Committee was also held. No information about the meeting was provided by parliament except for the MPs that were present at the meeting.

Parliament said the meeting attendees were Jumhooree Party (JP) Leader and MP ‘Burma’ Gasim Ibrahim, MDP Chairperson and MP Moosa Manik, MDP MP Eva Abdulla, MDP MP Ahmed Sameer, MDP MP Ibrahim Mohamed Solih, MP for Guraidhoo Constituency MP Ibrahim Riza, Dhivehi Qaumee Party (DQP) MP Riyaz Rasheed, MP for Kimbidhoo Constituency Moosa Zameer, DRP MP Ali Azim and MDP Vice President and MP Alhan Fahmy.

A meeting of Parliament’s Independent Commissions Committee regarding the detention of Judge Abdulla was also held yesterday, following which the MPs decided to summon members of the Human Rights Commission of the Maldives (HRCM) today.

The Committee also decided to summon the Judicial Service Commission (JSC) and Prosecutor General (PG) to the committee.

Criminal Court Chief Judge Abdulla Mohamed was arrested by the Maldives National Defence Force (MNDF) on the evening of Monday, January 16, in compliance with a police request after the judge had his police summons overturned in the High Court.

After his arrest, the High Court issued several warrants to produce Judge Abdulla to the court. The MNDF has not responded to the requests.

The judicial crisis remains at an impasse after the JSC reiterated that it was unable to continue investigating Judge Abdulla Mohamed because of a Civil Court injunction filed by the judge.  The government has sought international legal assistance to resolve the matter.

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High Court rejects Gassan’s case

The High Court has rejected the appeal submitted by Attorney General (AG) to re-arrest Gassan Maumoon, son of Former President Maumoon Abdul Gayoom and to rule that his arrest was lawful, after the Criminal Court last week found that his detention was unlawful and ordered his release.

According to local newspapers the High Court rejected the case because the case was presented 48 hours after the ruling was made, and secondly because the case was presented by the AG.

The High Court said the AG cannot present criminal cases to the court on behalf of the state and that only the Prosecutor General (PG) has that authority.

Gassan Maumoon was arrested after a 17-year-old boy was severely injured in a Maldivian Democratic Party (MDP) protest against the judiciary that started near the Supreme Court and later moved towards the residence of former President.

The 17-year-old was struck in the head by a wooden plank that was allegedly thrown down from the former president’s residence. Gassan was subsequently accused of the violent act.

After the Criminal Court ruling, the police said they were confused whether the arrests made in the past will be lawful and said they were considering the release of many dangerous criminals who were arrested according the same procedures used with Gassan.

Following the ruling the police met with PG Ahmed Muiz for advice. The PG allegedly told the police officers to leave his office immediately.

The government concluded that it cannot work with the current PG and decided to forward a no-confidence motion against Muiz, which would lead to dismissal if passed.

However, the no-confidence motion has not been forwarded.

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Criminal Court issues death sentence in gang murder case

The Criminal Court of the Maldives yesterday sentenced Mohamed Nabeel to death for the murder of Abdulla Faruhad, after reviewing the statements of witnesses and finding him guilty of the crime.

The Judge said that article 88[d] of the penal code of the Maldives stated that murders should be dealt accordingly to the Islamic Shariah and that persons found guilty of murder ”shall be executed” if no inheritor of the victim denies the murderer to be executed, according to Islamic Shari’ah.

The Criminal Court identified the murderer as Mohamed Nabeel, G. Reef and the victim as Abdulla Faruhad of Hulhudhoo in Seenu Atoll. As no inheritor of the victim opposed his execution, Nabeel was sentenced to death.

This is the first such sentence to be issued in a case related to gang murder. Previous death sentences issued in the Maldives have included (in 2005) those found to be involved in the death in custody of Evan Naseem, and the perpetrators of 1988 coup. None of these sentences were implemented.

The Prosecutor General’s office filed the case against Nabeel after the police arrested him on charges of deliberately killing Faruhad in revenge for harassing his sister Aiminath Niuma. The case report did not mention what kind of harassment occurred.

The judge said that during the police investigation Niuma admitted that her brother Nabeel attempted to attack Faruhad with a six inch box cutter on March 8, 2009.

In her statement to police, Niuma said she attempted to stop her brother from attacking Faruhad as he tried to flee, the judge stated.

However Niuma was unable to control her brother from throwing the box cutter at Faruhad which lodged in his back. Faruhad died the next day from his injuries.

The PG’s office presented CCTV footage of the incident and three witnesses.

The judge said that although Niuma had later in court dismissed her statements to police, which were fingerprinted by her father as she was underage at the time, ”it is unbelievable that her father read the statement and would fingerprint a false statement given regarding his own son.”

Sub-Inspector Ahmed Shiyam said he did not know how the sentence would be carried out,  but police would implement the verdict if requested by the court.

Attorney General Dr Ahmed Ali Sawad said he had not yet seen the ruling and would be unable to comment before going through the case.

Press secretary for the president Mohamed Zuhair said the the government would comment on the matter only after the judicial procedure was over, ”otherwise it could be considered as an influence on the verdict.”

He said that the accused had a 90 day term to appeal at higher courts if he felt the judgment was unfair.

Correction: An earlier version of this article stated that the last death sentence issued in the Maldives was following the 1988 coup attempt. This has been corrected to reflect the verdict in the trial over the death in custody of Evan Naseem.

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Civil Court orders the immediate release of Supreme Court’s key

The Civil Court of the Maldives has today ordered Ministry of Defense and National Security to release the Supreme Court’s key immediately, and allow the reinstatement of the interim Supreme Court.

The case was presented by the Prosecutor General to the Civil Court this morning. The first hearing was conducted almost immediately and the verdict was delivered this afternoon.

‘’We declare in the absence of state Attorney General’s office, to the Ministry of Defense and National Security and to all concerned authorities of the state, the key of Supreme Court should be issued to the Supreme Court at any time Supreme Court wishes immediately,’’ said Chief Judge Ali Sameer, delivering the verdict.

Citing articles 284 and 141 of the constitution, Judge Sameer declared “that no person shall hold the key of the Supreme Court without the consent of the court.’’

Judge Sameer said the PG’s office had the authority to present the case when the work of the Supreme Court was obstructed, or if the Supreme Court came to a halt by any cause, because it potentially obstructed the PG from fulfilling his responsibilities.

The judge also noted that the court order to summon the Attorney General was delivered and that the AG office failed to send representation to the court, and did not inform why.

State Defense Minister Muiz Adnan said he had not seen the verdict and would not comment until  he had read it.

When questioned according to the last declaration how long the key will be held by the military, he said  he had no information regarding the issue.

Major Abdul Raheem, also a spokesperson of Maldives National Defense Force, said the keys of all the state institutions were kept with the MNDF and issued according to a procedure established by the defence ministry.

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