Tag: President Mohamed Nasheed

Indian PM Modi’s visit unaffected by Nasheed arrest, says Foreign Minister

The Ministry of Foreign Affairs has denied rumors Indian Prime Minister Narendra Modi may cancel a visit to the Maldives following the arrest of former President Mohamed Nasheed on Sunday.

“I do not believe that the internal affairs of Maldives will affect the relationship between both the countries and that it will influence any planned official visits,” Foreign Minister Dunya Maumoon told the press today.

She said India and Maldives are continuing discussions on arrangements for Modi’s visit scheduled for the second week of March, and said details of the visit will be revealed after discussions.

She also denied rumors alleging China may provide military assistance to the government in dealing with the protests that have erupted after the opposition leader’s arrest.

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Former President Nasheed appears in court with arm in makeshift sling

A visibly injured former President Mohamed Nasheed appeared at the Criminal Court today for the first hearing of his sudden terrorism trial.

Nasheed limped inside the courtroom at 4:35pm, nursing what appeared to be a broken arm and using his tie as a makeshift sling.

There were no buttons on his shirt, his glasses were missing, and he had a T-shirt wrapped around his body.

Nasheed appeared at court without legal representation as the Criminal Court today refused to register any of the five lawyers on his legal team.

Ignoring requests for medical attention, presiding Judge Abdulla Didi asked the state prosecutors to present charges.

The former president is being charged with terrorism for his administration’s detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012.

Didi gave Nasheed three days to appoint a lawyer and answer charges, and ordered the opposition leader be held in police custody until the trial ended.

Nasheed has now been taken to Dhoonidhoo Island Detention Center, but lawyers said he may be taken to ADK Hospital for treatment. Supporters are awaiting him outside the hospital on Sosun Magu.

He was arrested yesterday at 3:00pm from his residence Yagoothuge.

Court proceedings

Nasheed arrived at the Justice Building at 4:00pm under a heavy Specialist Operations (SO) police guard. Journalists attempted to question the opposition leader, but SO officers surrounded and manhandled Nasheed, shoving journalists and cameramen aside.

Nasheed’s shirt was torn in the process and he fell to the ground.

He repeatedly urged police officers to allow him to walk inside the court building, but SO officers dragged the former president inside the building by force.

Court officials locked the door afterwards.

When a three judge bench commenced the trial at 4:40pm, Nasheed stood up and said: “Honourable judge, I have been shoved to the ground and my arm has been broken. I want to see a doctor. As you can clearly see, I am hurt.”

He added: “I’ve been waiting for a while now. Take me to a doctor and then you can issue your verdict.”

However, Judge Abdulla Didi – presiding over the case along with Abdul Bari Yoosuf and Sujau Usman – said the judges had received reports suggesting that Nasheed had staged a fall, caused his own injuries and refused to enter the court building.

Nasheed replied: “What evidence are you basing this on? Check the videos.”

State Prosecutor Abdulla Rabiu said Nasheed was charged under Article 2(b) of the Prevention of Terrorism Act and that as commander-in-chief the former president was responsible for the military’s detention of Criminal Court Chief Judge Abdulla Mohamed.

Asked to respond to the charges, Nasheed repeated his request for medical attention and asked to be allowed to appoint a lawyer.

When Judge Didi said Nasheed had allegedly refused to enter the court, he replied: “I’ve never given an excuse not to enter a courtroom.”

Nasheed also noted that he had been kept in detention for more than 24 hours without being brought before a judge.

State Prosecutor Aishath Fazna Ahmed then read out a letter from the Prosecutor General requesting an order to hold Nasheed in remand detention on the grounds that his previous conduct during proceedings at the Hulhumale’ Magistrate Court suggested the former president might abscond from trial.

Fazna also cited a police intelligence report to support the request, and requested for a continuous trial.

Judge Didi gave Nasheed three days to appoint a lawyer and answer the charges of terrorism and ordered police to hold the former president in pre-trial detention until the conclusion of the trial.

Didi said the Criminal Court would order the police to provide the former president with medical care.

Judge Abdulla Mohamed has meanwhile taken a leave of absence until the end of the trial.

Outside, the police had cordoned off the area encompassing the Criminal Court, the adjoining Supreme Court and the Vice President’s residence. Supporters had been gathering behind barricades from 3:00pm onwards.

Photo: Nasheed manhandled by police outside the Justice Building

Manhandling

Condemning the police’s unlawful use of force and brutality, the Human Rights Commission of the Maldives has called on the police to provide Nasheed with medical attention immediately and ensure he is afforded all constitutional rights.

In response to a question today, Syed Akbaruddin, official spokesperson at the Indian Ministry of External Affairs, expressed concern over the developments in the Maldives, “including the arrest and manhandling of former President Nasheed.”

“We urge all concerned to calm the situation and resolve their differences within the constitutional and legal framework of Maldives.​

“The Government of India reiterates its commitment to supporting the people and the Government of Maldives in their quest for peace, development, prosperity and democracy,” the spokesperson said.

The Maldivian Democracy Network, meanwhile, said Nasheed had been denied constitutional rights, including the right to legal counsel and appeal.

In a statement detailing several alleged irregularities, the human rights group called on the Maldives Police Services and the Prosecutor General to work within the ambit of the Constitution.

“We urge the authorities to release Nasheed and all peaceful protesters as we are of the view that these persons have been detained unlawfully without adherence to due process,” the statement read.

Photo: Protesters outside ADK Hospital


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Nasheed calls for Indian protection in state of emergency

Opposition leader and former President Mohamed Nasheed has called for Indian protection and intervention, claiming he fears President Abdulla Yameen may impose a state of emergency as the Maldives’ current political crisis deepens.

“I fear Yameen could impose emergency as he loses further ground. Under such circumstances he will ensure mass arrests, including my arrest. I urge India, as our closest neighbour, to intervene at that stage to ensure safety and security of political activists,” he told the Indian Economic Times.

The call comes in the wake of an alliance between MDP and former ruling coalition partner Jumhooree Party (JP) against what they allege to be Progressive Party of the Maldives’ (PPM) repeated violation of the constitution.

The opposition has called for President Yameen’s resignation and the MDP has since pledged to help JP Leader Gasim Ibrahim to assume the presidency.

Speaking to Minivan News today, PPM’s parliamentary group leader MP Ahmed Nihan condemned Nasheed’s “irresponsible” call on India to intervene in the Maldives’ internal affairs.

“Urging India to intervene in a sovereign nation’s internal affairs is a betrayal of our constitution. Its results will be bitter, especially on the Maldivian public,” he said.

Meanwhile, Foreign Minister Dunya Maumoon in a tweet expressed confidence that India would not intervene in Maldives’ domestic politics.

Fresh polls

Nasheed accused President Yameen of authoritarianism, alleging he had undermined independent institutions and illegally sacked the Chief Justice and the Auditor General.

He told the Economic Times the opposition coalition is “certain to win majority on the floor” when the People’s Majlis resumes parliamentary sessions in March.

Afterwards, the opposition coalition would force Yameen to resign and pave way for fresh presidential polls in which they would field Gasim as an opposition candidate, he said.

“While any president of Maldives can continue without majority in parliament, it is morally difficult for him or her to continue in office. Besides the president will find it difficult to function as appointments of ministers need parliamentary approval,” he explained.

“Under such circumstances, Yameen will have to resign and there will be fresh presidential polls. MDP has decided to support Gasim as president in this elections and MDP will have ministers in that government. In 2018, MDP will field presidential candidate and Gasim’s Jumhooree Party will support that candidate. We are trying to work on this formula for long-term stability in Maldives.”

The JP and MDP at present control ten and 21 seats respectively. Two JP and one MDP MP recently defected to the PPM, increasing the ruling coalition’s seats to 51 in the 85-member house.

Nasheed has previously predicted ten ruling party MPs would soon join the opposition coalition.

“Jumhooree and our MDP will have a majority in parliament and that will be proved next month. To preempt this, I fear, Yameen will prorogue parliament, prorogue constitution and impose emergency. He may then want to rule by emergency for the rest of three years of presidency. That will be the worst case scenario,” he said.

Nihan countered Nasheed’s statement saying an opposition majority in Majlis “is near impossible” even if PPM MP Ahmed Mahloof leaves the party as rumours suggest.

The Vilimalé MP also dismissed Nasheed’s claim that PPM leader and former President of 30 years Maumoon Abdul Gayoom was “uncomfortable with his half brother, Yameen, the president.”

“There is no political disagreements between Maumoon and Yameen, and there are no fights within the PPM,” he said.

The PPM has held rallies of its own in support of Yameen on Thursday, with a 400-strong youth march in Malé followed by a rally attended by at least 2000 people.

President Yameen has called for the opposition to prove allegations of constitutional breach at court and said the opposition’s claims are “baseless.”

Nasheed had called for Indian help last week, claiming he may be arrested as the judiciary made moves to restart a trial over the controversial detention of Criminal Court Chief Judge Abdulla Mohamed. The Prosecutor General has since withdrawn charges.

Nasheed also sought refuge inside the Indian Embassy in Malé in February 2013 after a court order on the police to present him at court over the judge’s trial.


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Further pursuit of Nasheed case not in public interest: MDP

The Maldivian Democratic Party (MDP) has called on the state to drop the criminal charges against former president and party leader Mohamed Nasheed.

Describing the charges against Nasheed as the reason for many “unjust obstacles to the party and President Nasheed”, the MDP said that the pursuit of the case any further would not reflect “public interests” but rather “serves political agendas” of the government.

Charges pending in the Hulhumalé Magistrates’ Court regarding the detention of Criminal Court Chief Judge Abdulla Mohamed in January 2012 were withdrawn yesterday (February 17) by the Prosecutor General’s Office for further review.

PG Media Officer Adam Arif told Minivan News today that the office had informed the court that the charges had been withdrawn, requesting the case files be sent back. He did not provide any further details.

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

Nasheed’s legal team had been in the process of challenging the assembly of the Hulhumalé Court bench in the Civil Court. Similar cases against the controversial court had seen Nasheed’s case stalled since April 2013.

“As President Mohamed Nasheed is a politician who continuous to receive support and love from a substantial portion of the Maldivian population, the decision to continue pursuing the case against public interests cannot be anything but an act of ridicule against the Maldivian people”, said the MDP statement today.

Minivan News was still awaiting a statement from Nasheed’s legal team at the time of publication.

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

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

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


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Civil Court halts trials from February 15-19 for administrative overhaul

The Civil Court will halt all trials from February 15 to 19 in order to re-organise the court’s divisions and to settle other administrative matters as ordered by the Supreme Court circular of January 8.

Although all trials will come to a stop, the court will continue to accept new cases said a statement on the court’s website.

The statement came with a work plan which allocates particular works for every day in the time period including evaluation of issues in the sections, refurnishing, reallocation of responsibilities, and the redesigning of forms and other documentation.

These changes yesterday prompted the presiding judge in former President Mohamed Nasheed’s case against the Judicial Service Commission to announce:

“I cannot assure you that I will be sitting on this appeal after the said changes; therefore I cannot give out court summons for the next hearing”.

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Nasheed asks for India’s protection if jailed

Former President and opposition Maldivian Democratic Party (MDP) leader Mohamed Nasheed has expressed fears of being arrested and asked the Indian government for protection.

In an interview Nasheed with India Today, he said that he had spent half of his adult life in jail and that he did not wish to spend any more time in incarceration.

He also asked the Indian people and government to “please come and get me and take me to India,” if he gets jailed, expressing a desire to live in Bangalore.

In the interview published today (February 12), Nasheed claimed that President Abdulla Yameen is on a “witch hunt” to purge his political contenders and pointed to the example of the detention and charges against former defence minister Colonel (retired) Mohamed Nazim.

In the interview, he reiterated claims that the government is losing its legitimacy due to the exit of the Jumhooree Party (JP) from the ruling coalition, stating that the government is undermining the Constitution in an effort to consolidate power.

“..[T]hey are going back to a form of governance that they are more familiar with. They are changing all independent institutions and now the JP has decided not to back this autocratic rule and we have been able to come with it in defence of the constitution,” Nasheed told India Today.

Source: India Today

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Civil Court concludes first hearing of Hulhumalé Court challenge

Former President and Maldivian Democratic Party (MDP) leader Mohamed Nasheed’s case against the legality of the process in which the bench of the Hulhumalé Magistrate Court was heard by the Civil Court today.

Nasheed submitted the case to the lower court after the High Court decided on Monday (February 9) that it could not deliberate on the legality of the bench, citing jurisdictional grounds.

The High Court’s decision read that, under the regulation, the court can deliberate on decisions of the lower courts, but not on their composition.

According to Nasheed’s legal team member Ahmed Abdulla who spoke to the press outside the court, the trial today heard the case challenging the legality of the Hulhumalé Magistrate Court bench and also a stay order requested by Nasheed.

“We have received information the Judicial Service Commission plans to bring changes to the bench, we requested the court to order a halt to that”, Abdulla said.

He added that the JSC’s legal team requested more time to respond to the case regarding the legality of the bench but that it had responded to the stay order request.

“Firstly they stated that the bench is not in existence and then they said that we have brought no changes to the bench. Therefore what they are basically saying is that bench not being in existence is not a change. We were unable to comprehend what they were saying”.

Abdulla told reporters that in response to this, Nasheed’s legal team stated that the reason Nasheed had lodged cases in court against the JSC is because the commission insists it has powers to assemble court benches.

Nasheed’s legal team member Hisan Hussain stated that the reason the JSC is saying the bench does not exist is because magistrates who were initially appointed to the bench have now been promoted to superior courts.

“We must always assume that the JSC will assemble a bench, possibly even tomorrow and proceed with the case as long as the commission insists it has authority to do so,” she continued.

The judge will decide and rule on the stay order request in the next hearing to be held Saturday (February 14) .

While the trial continued supporters of Nasheed and the MDP gathered outside the Civil Court and expressed their discontent over the government’s “persecution and failures”.

Tensions between Special Operations police officers and those gathered grew as police started clearing the crowd from the main entrance of the civil court around 5pm.

Some pushing and shoving was observed along with heated exchanges of words between protesters and the police, although no arrests were made.

(PHOTO: LAWYER AHMED ABDULLA)


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Nasheed predicts he will soon be jailed

Opposition Maldivian Democratic Party (MDP) leader and former President Mohamed Nasheed has predicted that he will be jailed in the upcoming weeks.

Speaking at the party’s 129th National Council sitting last night (February 10) Nasheed stated that although he will be very saddened to leave his family and worldly pleasures, he is determined to patiently bear the pain and “if necessary, even torture”.

“Nevertheless, with your permission, I would like to spend my jail days as the president of this party”, Nasheed said, requesting that the party “try and free me as soon as possible” and to “try and find a way in which I could be saved without being sentenced”.

Nasheed’s challenge of the composition of the Hulhumalé Magistrates Court bench was rejected on jurisdictional grounds on Monday (February 9), paving the way for the court to resume his trial for the January 2012 detention of Criminal Court Judge Abdulla Mohamed.

Nasheed has described judicial proceedings as being influenced by the government, making them “unfair”, alleging that the government’s intention was to sentence him before the new Penal Code is implemented in April, 2015.

Nasheed’s legal team has subsequently submitted the case to the Civil Court, again challenging the composition of the Hulhumalé court bench. The first hearing of the case is scheduled at Civil Court today at 4pm.

In last night’s meeting held to discuss the steps that need to be taken by the MDP in defending the Constitution, Nasheed also said that more than 10 parliament members from the ruling Progressive Party of Maldives (PPM) are discussing switching to the opposition alliance.

The MDP and Gasim Ibrahim’s Jumhooree Party (JP) signed an agreement during a mass rally last Thursday (February 5) night to “defend the spirit of the Constitution and do everything necessary to guarantee the rule of law”.

The agreement pledges to prevent the passing of any propositions in the People’s Majlis against the letter or the spirit of the Constitution, both inside and outside of the Majlis. Currently, the two parties control 34 seats in the 85-seat legislature.

The MDP National Council also decided last night to pass a motion submitted by Villimalé constituency president Mohamed Ibrahim Manik to lift the disciplinary measures preventing MPs who had violated the party’s whip line from participating in votes taken in the party’s internal bodies.

It was also decided that Anas Abdul Sattar be appointed as the party’s secretary general.

Nasheed stated that the joint parliamentary group to be formed under the MDP-JP agreement will strive towards appointing Maamigili MP Gasim to post of speaker of parliament.

Gasim’s decision to stand for the position last May prompted the end of his party’s alliance with the PPM, though the JP did not officially sever ties until late last month.

Nasheed also assured that, if and when the alliance gains the majority, the current composition of independent institutions, such as the Judicial Services Commission, will be changed.

“I will be even more active from block C of Maafushi Jail,” concluded Nasheed.


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High Court cannot deliberate on Hulhumalé court bench

The High Court has decided today (February 9) that it does not have the jurisdiction to deliberate on the process in which the Hulhumalé Magistrate Court’s bench was formed.

The ruling was made with regards to a procedural issue raised by the Judicial Services Commission (JSC) after former President and Maldivian Democratic Party (MDP) leader Mohamed Nasheed had challenged the legality of the bench.

The judicial watchdog had raised a procedural issue, claiming that the High Court does not have the jurisdiction to oversee the case as the bench had been formed on the advise of the Supreme Court.

The controversial court was formed specifically to oversee Nasheed’s trial for the January 2012 detention of Criminal Court Judge Abdulla Mohamed. Legal challenges to the court have seen the case stalled since April 2013.

The opposition leader today urged Maldivians to take direct action against persistent injustices in the courts, while his legal team claimed today’s decision contradicted prior decisions by the High Court to consider related cases.

In the ruling, the High Court bench presiding over the case unanimously decided that under regulations governing the relevant procedure, “there are no grounds on which the case can proceed in this court any further”.

The High Court’s decision read that, under the regulation, the court can deliberate on decisions of the lower courts, but not on their composition.

Today’s hearing was immediately concluded after Judge Abbas Shareef – presiding over the case – read out the ruling.

Nasheed’s legal team has subsequently submitted the case to the Civil Court, again challenging the composition of the Hulhumalé court bench.

“It is not a trial that is being conducted here”: Nasheed

Speaking to press after the hearing, Nasheed said the “trial is being hastened without due process in order to prevent me from getting the protection of the new penal code which would be enacted in April”.

He also accused the government of using the judiciary to threaten and intimidate political opponents, stating that the Maldivian judiciary is unable to deliver a “free and fair trial, especially with regards to cases against me”.

Nasheed claimed that the father of one of the High Court judges was ordered by a lower court to pay a substantial amount of money owed, suggesting undue influence in the case to produce a specific ruling.

Nasheed told press that he will consult both his and other international lawyers regarding his impending trial.

“It is not a trial that is being conducted here,” commented Nasheed, urging Maldivians to stand up against injustice by “protesting and going on strikes” as “this might happen to anyone tomorrow, although it happened to me today”.

Meanwhile, a statement by Nasheed’s legal team argued that the decision of the High Court had contradicted its earlier ruling which found it had the jurisdiction to deliberate on the legality of the Hulhumalé Magistrates Court.

“The High Court had previously decided that the case can be heard in the court and the decision was announced during the trial,” read the statement, noting that two of the three judges present today had delivered the previous ruling.

Judge Ali Sameer and Judge Shuaib Hussain Zakariyya had presided over the case along with Judge Ahmed Shareef before the latter was demoted to the Juvenile Court in August 2014 and replaced by Judge Abbas Shareef.

Nasheed’s lawyers have previously challenged – unsuccessfully – the establishment of a magistrates court in the Malé suburb, arguing that Hulhumalé is considered to be part of Malé City under the Decentralisation Act and therefore does not require a separate court.

United Nations Special Rapporteur on the Independence of Judges and Lawyers Gabriela Knaul has previously noted that the “appointment of judges to the case, has been set up in an arbitrary manner outside the parameters laid out in the laws”.


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