Tag: Prosecutor General Muhthaz Muhsin

Nasheed calls on prosecutor general to appeal terror charges

Former president Mohamed Nasheed has called on the prosecutor general to appeal his terrorism conviction and 13 year jail term amid growing international criticism of the flawed trial.

Nasheed’s lawyers say they were unable to lodge an appeal at the high court within the shortened ten day period due to the criminal court’s failure to provide a full report of case proceedings, but say the PG can lodge an appeal at any time, “without discussions, without permission.”

Lawyer Hassan Latheef said PG Muhthaz Muhsin has an important role in “bringing an end to the distresses of the international community on his own initiative.”

The PG can uphold the constitution and “save the Maldives from the storm that is about to come from international pressure,” he added.

The UN office of the human rights commissioner on Friday said Nasheed’s trial “was vastly unfair and his conviction was arbitrary and disproportionate.”

The EU parliament last week urged the government to free Nasheed immediately, while US secretary of state John Kerry said Nasheed’s imprisonment is an “injustice that needs to be addressed soon.”

Nasheed’s wife, Laila Ali, has also asked the UN working group on arbitrary detention to rule Nasheed’s imprisonment illegal.

PG Muhsin, however, has dismissed Nasheed’s call, saying the high court would accept an appeal despite the expiration of the appeal period.

“The High Court regulation allows Nasheed to appeal the case still. Why doesn’t he do it himself? I personally think this case has a high possibility of being accepted at the high court since Nasheed is a former president, since it is related to a judge and since it is a terrorism charge.”

Muhsin said Nasheed’s lawyers are now politicizing the case.

The Supreme Court had shortened the appeal period  from 90 days to 10 by annulling provisions in the judicature act, just a month before Nasheed’s arrest. The high court has previously said judges have the discretion to accept late appeals, but lawyers say the apex court’s ruling had removed the discretionary powers.

Nasheed’s lawyers had previously called on President Abdulla Yameen to reduce Nasheed’s sentence and release him under special provisions in the Clemency Act. But the president’s office has refuted the claims.

On Friday, in Geneva, a legal advisor to the UN, Mona Rishmawi also noted the clemency act provided an avenue for Nasheed’s release.

Following a visit with Nasheed in late April, Rishmawi said Nasheed “seemed to be in good spirits, but was not relaxed as he was facing 13 years in prison; he also worried a lot about his safety.”

According to the main opposition Maldivian Democratic Party, tens of thousands have signed a petition calling on the president to release Nasheed. Supporters attempted to deliver the petition to the president’s office on Thursday, but were turned back by the police.

The opposition’s daily protests over the imprisonment of Nasheed is continuing. Two former defence ministers and an MP have also been jailed on various charges last month.

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Legal status of penal code thrown into doubt

The new penal code is now in force despite parliament delaying its enforcement to July 16, the state human rights watchdog and prominent lawyers have contended .

A provision for postponing implementation of the new penal code was included in an amendment bill passed on April 12, a day before the new law was due to come into force.

The new penal code was ratified on April 13, 2014 with a one-year period for preparation.

The bill changed the date of enforcement from April 13 this year to July 16.

However, the bill stated that the amendments – including the provision for postponement – “will come into force starting from July 16, 2015.”

The provision for postponement was therefore inconsequential as it has not become law, the Human Rights Commission of Maldives (HRCM) and lawyers Maumoon Hameed and Shaheen Hameed argued.

By following the old penal code, Maumoon Hameed said the state is presently enforcing “a law that does not exist.”

The HRCM wrote to the attorney general and prosecutor general last week seeking clarification of the legal dispute, saying it is unclear which criminal law the police, prosecutors, and courts are presently following.

The commission said it was “extremely concerned” about resulting human rights violations in the investigative and judicial processes.

Prosecutor general Muhthaz Muhsin told Minivan News that “as a common rule the old penal code would be in force now”.

“I cannot say anything specifically about the issue until the office has responded to the HRCM’s letter. Also, it is not my role to criticise laws but rather uphold it,” he said.

Former Chief Justice Ahmed Faiz meanwhile dismissed the legal questions surrounding the penal code as an unjustifiably narrow approach in interpreting the law.

He said the “amendment makes it clear that the new penal code will come into effect starting July 16.”

“The amendment will also become part of the law. So the penal code now states the date it would come in to effect. We cannot simply single out one article and interpret the whole law. I think it’s quite clear,” he told Minivan News.

However, lawyers Maumoon Hameed and Shaheen Hameed insisted that the new penal code has replaced the old law.

There are presently no obstacles to enforcing the new penal code, Maumoon Hameed told Minivan News today.

“The new penal code states the old law would be dissolved when the latter law comes into effect. So I believe that the state is implementing a law that does not exist,” Hameed said.

Shaheen Hameed, former deputy speaker of parliament, also said he believes “the new penal code is in effect now”.

The current penal code was adopted in the 1960s and has been widely criticised as outdated, draconian and unsuited to the 2008 constitution.

The main opposition Maldivian Democratic Party had said the postponement was a “politically motivated attempt to continue using the current penal code as a means to harass and intimidate the opposition.”

Under the new code, the punishment for protesters who do not have a criminal record will be less severe as judges are required to take mitigating factors into consideration under new sentencing procedures.

However, the ruling party said more time was needed to raise public awareness and address concerns of religious scholars.

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Prosecutor general questions timing of MMPRC audit report release

Prosecutor General (PG) Muhthaz Muhsin has questioned the timing of the Auditor General’s Office’s release of a special audit report of the Maldives Marketing and Public Relations Company (MMPRC) implicating Tourism Minister Ahmed Adeeb in corrupt transactions worth US$6 million.

Muhsin told Sun Online yesterday that the report’s release on the same day (Thursday, October 30) that President Abdulla Yameen ratified amendments to the Audit Act that could see Auditor General Niyaz Ibrahim replaced was questionable.

The timing of the report’s release would create doubts and questions among the public, Muhsin said.

“I am not questioning the status of his post,” he added.

The Progressive Party of Maldives (PPM) meanwhile issued a press release on Thursday contending that the report was politically motivated, “baseless” and intended to defame Adeeb – also the party’s deputy leader.

The ruling party condemned Auditor General Niyaz Ibrahim for basing the report on “falsehoods”.

The opposition Maldivian Democratic Party has meanwhile called on the PG to prosecute the tourism minister for corruption and abuse of office.

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Prosecutor General’s Office drops charges against CNM journalist Haseen

Additional reporting by Zaheena Rasheed

The Prosecutor General’s (PG) Office has dropped criminal charges against Channel News Maldives (CNM) senior journalist Abdulla Haseen for obstruction of police duty during an opposition street protest in July 2012.

PG Muthaz Mushin told CNM yesterday that the decision to withdraw the case was made as the PG Office had found that such a case had not been prosecuted in the past after considering the incident and prosecuting guidelines.

Speaking to Minivan News, Haseen said the Prosecutor General’s Office has not yet formally informed him of its decision to withdraw charges.


“These are false charges raised by the state against press freedom and an attempt to defame me. They have absolutely no evidence. Until the Criminal Court annuls its court summons for September 28, I will go.”

A second hearing of the case had been scheduled to take place on September 28. Haseen had been accused of shoving police barricades at the Chandanee Magu-Orchid Magu junction and using obscene language to address riot police officers during an MDP protest.

At the first hearing of the trial, he pleaded not guilty and noted that he had attended political rallies and street protests to cover them as a journalist.

Haseen expressed concern over a “prevailing climate of press intimidation,” noting an increase in threats against journalists by anonymous sources, politicians, religious radicals and gangs, and arbitrary arrests by the police.

The Maldives now ranks 108th place in the Reporters Without Borders (RSF) Press Freedom Index for 2014, marking a decline in press freedom for the third consecutive year.

Minivan News journalist Ahmed Rilwan disappeared on August 8 and is believed to have been abducted. Today marks the 41st day since his disappearance.

Earlier this month, the opposition Maldivian Democratic Party (MDP) called on the PG and the government to drop the charges against Haseen.

“We note with regret that this is the first criminal prosecution of a journalist since the adoption of a democratic constitution in 2008,” the main opposition party said.

The MDP expressed concern with the filing of charges over two years after the incident allegedly occurred, noting that obstructing police duty was the most common charge pressed by the state.

“And we note with concern that Abdulla Haseen is being prosecuted at a time when the media in the Maldives is facing serious challenges with journalists assaulted, television stations torched, death threats made against journalists, personal safety of journalists lost, and a journalist believed to have been abducted,” the opposition party said.

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MDP calls on PG to drop charges against CNM journalist Haseen

The Maldivian Democratic Party (MDP) has called on Prosecutor General (PG) Muhthaz Muhsin as well as the government to drop charges against Channel News Maldives’ (CNM) senior journalist Abdulla Haseen.

“We note with regret that this is the first criminal prosecution of a journalist since the adoption of a democratic constitution in 2008,” the main opposition party said in a press release on Wednesday night (September 3).

Haseen is currently on trial at the Criminal Court on charges of obstructing police duty during an MDP demonstration on July 21, 2012.

The former Minivan Daily reporter is accused of shoving police barricades at the Chandanee Magu-Orchid Magu junction and using obscene language to address riot police officers.

At the first hearing of the trial last week, Haseen pleaded not guilty and noted that he attended political rallies and street protests to cover them as a journalist.

“This is a charge raised deliberately by the state against press freedom,” Haseen told reporters after the hearing.

“And this is an opportunity to experience for myself how the Maldivian criminal justice system functions.”

The court granted a five-day period for Haseen to hire a lawyer.

In addition to Haseen, Abdulla Idrees of Gulfaamuge in Laamu Maavah and former opposition MDP MP Hamid Abdul Ghafoor are also facing similar charges. The cases were conducted concurrently during the trial.

The next hearing of the case has been scheduled for September 28.

Press freedom

The MDP expressed concern with the filing of charges over two years after the incident allegedly occurred, noting that obstructing police duty was the most common charge pressed by the state.

“And we note with concern that Abdulla Haseen is being prosecuted at a time when the media in the Maldives is facing serious challenges with journalists assaulted, television stations torched, death threats made against journalists, personal safety of journalists lost, and a journalist believed to have been abducted,” the press statement read.

The party added that the Maldives has plummeted in press freedom indexes of international media organisations and called on the state to ensure security for media personnel.

The Maldives dropped to 108th place in the Reporters Without Borders (RSF) Press Freedom Index for 2014, marking a decline in press freedom for the third consecutive year.

In February 2013, opposition-aligned private broadcaster Raajje TV reporter Ibrahim ‘Asward’ Waheed was nearly beaten to death, while the station’s offices and equipment were destroyed in an arson attack in October.

In June 2012, two men slashed the throat of freelance journalist and blogger Ismail Hilath Rasheed with a box cutter.

Prior to the country’s first multi-party democratic election in 2008, the Maldives was ranked 104th – an improvement on its 2007 ranking of 129th. The country’s ranking in 2009 and 2010 reflected dramatic improvements in press freedom – including decriminalisation of defamation,  rising to 51st and 52nd respectively.

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MDP condemns release of suspects in Alhan stabbing

The opposition Maldivian Democratic Party (MDP) has strongly condemned the release of two suspects arrested in connection with the stabbing of the party’s former MP Alhan Fahmy.

The Criminal Court yesterday ordered the release of the two suspects – Mohamed Sameeh of Shiny, Fuvahmulah, and Mohamed Naseem, of Ulfamanzil, Hithadhoo – who had been kept in pre-trial detention since their arrest on the night of February 1 shortly after Alhan was stabbed in the back at the Breakwater cafe’ in Malé.

The court freed the pair from custody reportedly due to delays by the Prosecutor General’s (PG) Office in formally filing charges.

Police told local media that one of the suspects was released following the court order. The second suspect was still in custody as he was serving a sentence in an unrelated case.

In a press statement released yesterday, the MDP noted that the court’s decision was evidently not based on lack of evidence as judges had been granting extension of remand detention since February.

The remand detention must have been approved because the court believed the suspects posed “a danger to society” based on preliminary evidence, the party contended.

The release of suspects in a near-fatal stabbing despite evidence showed that there was “no hope for attaining justice through the Maldivian criminal justice system,” the statement read.

The party also noted that numerous and persistent death threats to MDP MPs had not been properly investigated.

“And we note with concern that the relevant authorities have so far been unable to find Minivan News journalist Ahmed Rilwan, who is believed to have been abducted,” it added.

The party accused the government of negligence in ensuring public safety following multiple stabbing incidents and escalating gang violence.

“The party calls on all relevant state institutions to fully investigate the dangerous murder attempt on Alhan Fahmy and punish the perpetrators,” the press release stated.

Following the stabbing, eyewitnesses saw police catch and arrest one of the assailants. Alhan had received stab wounds to the back and was quickly flown to Sri Lanka for spinal surgery.

The former MP for Addu Feydhoo returned to the Maldives in early March, walking with a crutch following initial fears that the wounds may have caused permanent paralysis.

Speaking to Minivan News at the time, a family member alleged that the attack was politically motivated and well organised, claiming that Alhan’s car had been followed three days prior to the incident.

Last year, Secretary General of the IPU, Anders B. Johnsson wrote to former Speaker of the People’s Majlis Abdulla Shahid requesting an urgent visit to the Maldives to discuss steps to ensure MPs “can do their work unhindered, without fear of intimidation and harassment or attack on their physical integrity.”

Alhan’s name appeared on an IPU list of 21 Maldivian MPs being monitored by the group. The list included Progressive Party of Maldives MP Dr Afrasheem Ali who was murdered in October 2012.

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PG announces policy for not prosecuting first time offenders

Prosecutor General (PG) Muhthaz Muhsin has announced a new policy for not prosecuting first time offenders for petty crimes under a “second chance programme.”

At a press conference yesterday, Muhsin explained that a special committee would consider eligibility of persons arrested by the police for various offences and sign an agreement with the offender.

As the purpose of the programme is to allow first time offenders to seek employment – which is made difficult due to a requirement for a police report – Muhsin said criminal records would be cleared once the agreement is signed.

The criteria for eligibility meanwhile includes taking into consideration the seriousness of the crime, the circumstances under which it was committed, physical or psychological harm caused, the rights of injured parties, and the penalty prescribed by law.

Persons who commit crimes for which a punishment is prescribed in Islamic Shariah would not be eligible, he noted.

In his address to the nation on Independence Day (July 26), President Abdulla Yameen revealed that criminal records have been cleared for 3,588 youth since he took office in November.

Home Minister Umar Naseer had told parliament earlier that month that criminal records of more than 2,000 youth have been cleared or expunged since the current administration took office in November.

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Police commissioner discusses expediting cases with prosecutor general

Commissioner of Police Hussain Waheed met Prosecutor General Muhthaz Muhsin this morning to discuss measures to fast-track investigation and prosecution of serious crimes following a crime wave in the capital during the past six days.

According to police media, discussions focused on expediting the investigation process with police working closely with state prosecutors to ensure that the evidence collected is sufficient to establish guilt at trial.

Senior investigating officers, senior officers in charge of operations, and members of the police executive board also participated in the meeting at the police headquarters at Iskandhar Koshi.

Muhthaz Muhsin was formerly a judge at the Criminal Court.

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