Tag: prosecutor general

Police officers “negligent” in Raajje TV arson attack: PIC

The Maldives Police Services was negligent in protecting opposition-aligned broadcaster Raajje TV from an arson attack that destroyed the station’s headquarters on October 7, the Police Integrity Commission (PIC) has said.

In a report released today, the PIC has recommended that the Prosecutor General file criminal charges against two unnamed officers – the Inspector of Police and the Shift In Charge (Shift IC) – who were on duty at the Galholhu Police Station on the night of the attack.

Reporters Without Borders (RSF) had issued a statement on the day of attack condemning the police’s failure to protect the station.

“This criminal act is a direct blow to freedom of information and we deplore the attitude of the police, who failed to do what was necessary to prevent the attack although the head of TV station requested protection a few hours before it took place,” RSF said.

Raajje TV had received credible information of an impending attack, and sent a letter asking for police protection, the report noted.

Senior police officers, on the orders of then Commissioner of Police Abdulla Riyaz, instructed the inspector of police in charge of the Galholhu Police Station to maintain a presence at the Raajje TV offices.

Further, upon realising there weren’t enough police officers to maintain static duty, a superior instructed the inspector of police to get additional officers from the operational duty department to carry out the task.

The inspector of police delegated the task to the shift IC, and falsely informed his superiors that police officers were on static duty at Raajje TV headquarters without checking to see if his orders were actually followed through, the report said.

Moreover, the Inspector of Police had not even asked the CCTV Command Center to aim the CCTV cameras at the Raajje TV building despite knowing the Maldives Police Services did not have enough officers to patrol the area that night.

The shift IC had “not done anything to find additional police officers to oversee security at Raajje TV,” the report stated. Moreover, the Shift IC had not informed any police officers patrolling Malé City that night of the possible attack on Raajje TV.

The PIC undertook the investigation on the Maldives Media Council’s request.

Meanwhile, the police say they have arrested eight adults and one minor for suspected involvement in the attack. Mohamed Meeaadh, 35 years, was arrested on December 2 after a manhunt.

The police have urged the public to forward any information regarding the attack and have pledged to provide protection to informers.

CCTV footage of the attack shows six masked men armed with machetes and iron rods breaking through a reinforced steel grill and a second wooden door before dousing the station’s control room and lobby with petrol. The ensuing fire destroyed the station’s offices, control room, computer system, and broadcasting and transmission equipment.

The station returned to air the same day with donated equipment.

Further footage shows an additional six masked men breaking and entering the building located next to the BKT Builing where Raajje TV’s offices are located. Raajje TV has said it believes the six men were attempting to find the station’s second studios.

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President proposes nephew for Prosecutor General post

President Abdulla Yameen Abdul Gayoom has proposed his nephew Maumoon Hameed for the post of Prosecutor General (PG).

Hameed is a lawyer by profession and is the son of former Atolls Minister Abdulla Hameed. Hameed has to win approval by a parliamentary majority before he can be appointed to the position.

Former PG Ahmed Muizz resigned from his position on November 25 shortly before parliament was set to debate a no-confidence motion against him.

The opposition Maldivian Democratic Party (MDP) filed the motion against Muiz on October 24, claiming that that he had failed to take action against the police and the military officers who mutinied against former President Mohamed Nasheed on February 2012.

Former Tourism Minister during the MDP government Mariyam Zulfa and current Deputy PG Hussain Shameem had also submitted applications for the vacancy.

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Government reopens 2006 ‘Namoona Dhoni’ case, filing criminal charges against two activists

The Prosecutor General’s (PG) Office has filed criminal charges against both the former Defense Minister Ameen Faisal and former President’s Office Spokesperson Abbas Adil Riza, over their involvement in the 2006 ‘Namoona Dhoni’ incident.

A Criminal Court Media Official was quoted in local media as stating that the court had received the charges from the PG’s Office seven days ago.

The infamous incident involved the expedition of pro-democracy activists from the country’s southernmost atoll in an attempt to join a national demonstration organised by the Maldivian Democratic Party (MDP) during the final years of the Maumoon Abdul Gayoom regime.

Gayoom’s Progressive Party of Maldives returned to power last month after his half-brother Abdulla Yameen defeated MDP candidate Mohamed Nasheed in the presidential election.

According to local media, both Ameen Faisal and Abbas Adil Riza are facing the charge of disobeying a lawful order under section 88 of the penal code.

The state has also charged Ameen Faisal with obstructing a state employee from executing his duty under section 86 of the penal code.

Apart from Faisal and Riza, the state has also charged Ali Abdulla, Ibrahim Sabree, Mohamed Azmy, Abdulla Asrar, Ahmed Mohamed, Ahmed Didi – the Captain of Namoona Dhoni – and Shahuruzman Wafir – the owner of Namoona Dhoni – who had all been part of expedition.

Both Abbas Adil Riza and Ameen Faisal – who were pro-reform activists of then-opposition Maldivian Democratic Party (MDP) at the time – were part the group which set off from Addu Atoll Maradhoo Island on November 6, 2006, to join the opposition-led demonstrations in Male’.

Faisal was president of the MDP’s Malé branch at the time of the incident.

The activists had planned to use the demonstrations to pressure then-government of Maldives thirty-year autocrat Maumoon Abdul Gayoom to speed up the drafting of the constitution.

The state prosecutors in the case claimed that on November 6, 2006, local authorities –  having come to learn of the expedition and the intention to join the anti-government demonstration, had sent a letter to Shahuruzman Wafir – the owner of Namoona Dhoni – ordering him not to embark on the journey.

The letter, according to the prosecution, had stated that “the government had come to learn” of the plot by the activists to set off to Male with the intention to “unlawfully sow discord among the public and to disrupt the public order and therefore orders Shahuruzman Wafir to not let his Dhoni to embark on the journey”.

Despite the letter ordering Shahuruzman Wafir to not allow anyone other that the regular fishermen that regularly used the vessel for fishing, the prosecutors claimed that Wafir had confessed to having accepted and cashed a cheque of MVR 10,000 given by the MDP’s Addu Atoll Office.

The famous ‘Namoona Dhoni’ incident

Despite the orders by the Maradhoo Island Office, the crew of Namoona Dhoni chose to depart to Male with the MDP activists.

The trip to Male was part of the MDP’s Addu wing’s collaboration with a previous resolution passed by the MDP’s National Council calling upon members from across the nation to gather in Male’ for the demonstrations.

Half-way through the journey, approximately three nautical miles away from Gaaf Alif Atoll Kolamaafushi Island, the Coast Guard intercepted the vessel and informed the crew to change its course to any island other than the capital.

Following the Coast Guard’s interception, the prosecution claimed that the Captain of Namoona Dhoni Ahmed Didi had demanded Ameen Faisal agree to an additional payment of MVR 150,000, should the journey be continued as according to the plan of activists.

Faisal finally agreed to pay the demanded sum when the vessel had entered the outer seas of Thaa Atoll near the Kimbidhoo Island, claimed the prosecution. Furthermore, the prosecutors also claimed that  Abbas and other activists had pressured the captain to continue the journey regardless of the orders given by the Coast Guard.

After some confrontations between the activists and Coast Guard officials, the Namoona Dhoni was brought under Coast Guard custody in the morning of November 8, 2006.

The incident was widely reported by then opposition-aligned newspapers as a ‘brutal seizure by the Coast Guard’  though the allegations were denied by the officials.

Prosecutors also alleged that Abbas, at the time of Coast Guard interception, had given false alarms and reports about the seizure of the vessel.

According to local media reports at the time, 44 people were aboard the vessel during the time of incident, including three women.

Charges were pressed against Faisal, Abbas, and others even in 2007, but were later dropped by the PG.

Whilst Faisal is still an active MDP member, Abbas has since defected from the party, becoming a vocal critic of the post-2008 MDP government.

Abbas went onto serve as President’s Office Spokesman for Nasheed’s successor Dr Mohamed Waheed before sparking a diplomatic incident with criticism of Indian High Commissioner D.M. Mulay in 2012, after which he moved into a position with the Finance Ministry.

Correction: The previous version of this article described Ameen Faisal as having headed the activist group – an unsubstantiated claim which Faisal himself denies. Minivan News regrets the error.

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Prosecutor General resigns before no-confidence debate

Prosecutor General (PG) Ahmed Muizzu has today tendered his resignation, shortly before parliament was set to debate a no-confidence motion against him.

The President’s Office has confirmed that Muiz wrote to newly elected President Abdulla Yameen, following through on a previous promise not to allow the censure motion to reach the floor of the house.

The opposition Maldivian Democratic Party (MDP) filed the motion against Muiz on October 24, claiming that that he had failed to take action against the police and the military officers who mutinied against former President Mohamed Nasheed on February 2012.

Parliament was scheduled to discuss the motion at 1:30pm today. The MDP currently holds a simple majority in parliament, recently using its position to secure the removal of Attorney General (AG) Azima Shukoor in the final days of the Waheed administration.

The MDP in its statement argued that the Commission of National Inquiry (CoNI) report had given clear evidence of gross misconduct by the police and the military on February 7 and 8 2012, which included brutalizing protesters and undermining fundamental rights guaranteed to the people by the constitution.

The party alleged that the PG – despite having the power, authority, and the mandate to look into such actions – had failed to take any action against the wrongdoing noted in the CoNI report.

Former President Mohamed Nasheed has also alleged that Muiz’s independence and impartiality had been compromised in return for his job security.

The PG is constitutionally required to act independently and impartially, with only general policy directives from the AG.

After the original hearings of the Majlis Independent Institutions Committee was disrupted by pro-government MPs, Muiz produced a written response to the charges earlier this month, maintaining that he had always executed his responsibilities in accordance with the constitution and Islamic Sharia.

President Yameen is now required to appoint to the post an individual approved by the majority of the total membership of the People’s Majlis.

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Deputy Prosecutor General resigns

Deputy Prosecutor General Dheebanaaz Fahmy resigned from her post today, being replaced with Hussain Shameem, local media has reported.

Sun Online stated that Dheebanaaz refused to disclose the reasons for her dismissal, though she was reported to have described having worked with Prosecutor General Ahmed Muizz as a privilege.

Muizz is currently facing a no-confidence motion in the Majlis after the Maldivian Democratic Party accused him of of “selectively” pursuing cases against its members while ignoring “human rights abuses” committed by police in the wake of the controversial transfer of presidential power on February 7, 2012.

Muizz has suggested that he would tender his resignation before allowing the Majlis to vote on the motion.

Muizz’s new deputy, Shameem, previously held the position until late last year before taking time to study abroad.

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Suspect in Afrasheem murder case transferred to house arrest

The Criminal Court has reportedly transferred Azleef Rauf, a former Maldives National Defence Force officer suspected of involvement in the murder of MP Afrasheem Ali in October 2012, to house arrest.

In May this year, Rauf was detained on charges of terrorism, extortion, and involvement in criminal gang activities, after which the court extended his remand detention.

While a case against Rauf over alleged involvement in the murder of the moderate religious scholar was sent to the Prosecutor General’s Office in September, the case has yet to be filed at court.

Rauf is also facing separate charges of extortion, theft, and damaging public property along with former Judicial Service Commission member Mohamed ‘Reynis’ Saleem.

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Criminal Court warns MP Ghafoor of trial in absentia

The Criminal Court has warned Maldivian Democratic Party (MDP) MP Hamid Abdul Ghafoor that it will try him absentia if he fails to attend a court hearing scheduled for 1:30pm on Thursday.

Ghafoor took refuge inside the People’s Majlis on Thursday (October 24) following several police attempts to arrest him and present him at the Criminal Court. He is being tried for refusal to provide a urine sample – an offense that carries a one year jail sentence and could disqualify him from his parliamentary seat.

“The Criminal Court orders Hamid Abdul Gafoor of H. Shady Corner, Malé to attend court at 13:00 on 31 October 2013. If Hamid Abdul Gafoor is not present at the court at the specified date and time, we inform him we will continue with and conclude the above trial in absentia as per Article 30 (a) of the Regulations on court summons,” a statement issued by the Criminal Court today said.

Criminal Court Chief Justice Abdulla Mohamed is presiding over the case.

Ghafoor has accused the criminal court of a “politically motivated personal hunt” to influence the MDP and its ally Dhivehi Rayyithunge Party’s simple majority in parliament. Ghafoor is also being tried separately for possession of alcohol.

The MP has pleaded innocent at the two hearings that have taken place so far. A third hearing was scheduled for October 23 at 9:00 am. But Ghafoor’s lawyers told the Criminal Court a day in advance that the MP could not attend due to a parliamentary proceedings scheduled at the time.

Article 11 of the Parliamentary Powers and Privileges Act sates that an MP cannot be summoned to court during Majlis sittings or parliamentary committee hearings.

However, the Criminal Court did not respond to the letter. Instead, it scheduled a new hearing for 1:00pm on October 24 and issued a court warrant ordering police to arrest Ghafoor and present him at court. The MP took refuge inside the Majlis and has not left parliament premises since.

The Criminal Court scheduled a second hearing on Monday October 28 at 9:00am and issued new arrest warrant. The police wrote to Speaker Abdulla Shahid to turn Ghafoor over, but Shahid cited Article 11 of the Parliamentary Privileges and Powers Act and said Ghafoor could not be summoned to court during Majlis hours.

Speaker obliged to protect MPs, says Majlis

Ghafoor’s lawyer Hussein Shameem said his client would appeal the Criminal Court’s “unlawful” arrest warrants at the High Court, saying that the Criminal Court had not followed due process.

Shameem also argued the state had no grounds to prosecute Ghafoor as there was no legal evidence of the police having requested a urine sample. According to the Drug Act, the police are to ask for a urine sample in writing and obtain a signature from the accused if they refuse to provide a sample, he claimed.

Shameem has written to Prosecutor General (PG) Ahmed Muizz to review the case due to “procedural issues” and to carry out the PG’s duty to uphold the constitutional order and the law as per Article 223 of the constitution by taking action against the courts for issuing unlawful summons.

Ghafoor told Minivan News on Sunday that he was willing to stay inside the Majlis premises “until the judiciary is destroyed.”

“Now I know how helpless ordinary citizens are. I feel like I’m being hunted by a corrupt judiciary. You don’t feel good when you are being singled out. You feel like prey. You can never relax,” Ghafoor said.

The MDP has condemned the judiciary’s attempts to “purge” its MPs. On Thursday (October 24), the Supreme Court, in a controversial ruling, stripped MDP MP Ali Azim and DRP MP Mohamed Nashiz of their parliamentary seats over decreed debt.

Eight other MDP MPs are currently being investigated for contempt of court and disobedience to order. MP Abdulla Jabir is also being tried for refusal to provide a urine sample and possession of alcohol.

Meanwhile, former Attorney General Azima Shakoor has criticized Majlis Speaker Abdulla Shahid for allegedly helping MPs evade courts by harboring those who had committed criminal acts inside the Majlis building. Azima was voted out of office in a no confidence motion on Tuesday.

A Majlis secretariat statement has refuted the allegations, arguing that the speaker is constitutionally obliged to protect MPs.

“The People’s Majlis Speaker assures all the citizens he will uphold the rights and privileges enshrined in the Parliamentary Powers and Privileges Act for all Members of Parliament without any political bias,” it said.

The Inter Parliamentary Union (IPU) has expressed alarm over the prosecution of MPs and is to send an urgent IPU delegation to the Maldives.

“I propose that an IPU delegation returns urgently to the Maldives to discuss and agree with the relevant authorities and stakeholders effective steps to ensure that the parliament can fully discharge its legislative and oversight functions freely and independently and that its members can do their work unhindered, without fear of intimidation and harassment or attack on their physical integrity,” said the Secretary General Anders B. Johnsson.

MDP MP Ahmed Easa has submitted an amendment to the Drug Act to reduce the jail time for refusal to provide a urine sample from one year to 15 days. Easa said the specific article in the Drug Act was being used unfairly for politically motivated reasons.

Speaking to local media, the National Drug Agency’s CEO Ahmed Shahid spoke against the amendment, claiming that reducing the sentence for refusal to provide urine would obstruct identifying drug abusers and providing treatment for drug abuse.

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PG assures Election Commission it will be protected

The Prosecutor General’s (PG) Office has today assured the Elections Commission (EC) that it will do all it can to ensure the constitution is upheld after receiving a complaint regarding the behaviour of the security forces.

The PG issued a statement acknowledging receiving the EC’s complaint that the security forces had ‘hijacked’ the EC the evening before the scheduled second round of the presidential election.

In a statement the PG’s office assured the EC that it would take any action necessary to carry out its responsibilities as stated in Article 233(j) and Act Number 9/2008 15(j) to uphold the constitution, laws and rights of the people.

On September 27 when police were surrounding the EC building, commission President Fuwad Thowfeek told Minivan News “We will not be able to hold elections without support from the police. The police will stop any election preparation activity.”

Thowfeek said the EC members had been met by two officers “to get our assurance the preparation activities have been stopped.”

Special Operations (SO) police surrounded the EC secretariat with orders from Police Commissioner Abdulla Riyaz to take over the building and ballot papers.

The police barricade followed a Supreme Court order calling on the security forces to prevent anyone from disobeying a previous injunction to delay the second round of presidential elections.

The injunction was issued after the the Jumhooree Party (JP) filed a case at the Supreme Court alleging that there were major issues with the voter registration and requesting to cancel the first round of the presidential election and to delay the second round.

On October 8, the Supreme Court annulled the first round of the election and ordered the elections commission to hold the first round again before 20 October.

The EC has announced the re-vote will take place on October 19, leaving voters less than 24 hours to re-register due to the upcoming Eid holidays.

EC member Ogaru Ibrahim Waheed has today resigned, reports local media, though the reasons for his departure are not yet known.

On the evening in question, the police cordoned off the area around the EC and ordered journalists at the scene to leave. One EC official told Minivan News, on condition of anonymity, that staff were not being allowed to enter the building.

The PG’s office said that the case alleged security forces had obstructed the legal duties of an independent commission established under the constitution. It stated that the office was now discussing the matter with the EC.

Shortly after its acknowledgement that conditions were not appropriate for a free and fair polls, the EC filed a report with the police following multiple death threats received by its staff.

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MDP requests Prosecutor General investigate “coup agreement”

The opposition Maldivian Democratic Party (MDP) has requested the Prosecutor General’s (PG) Office launch an investigation into the “coup agreement” that was recently leaked on social media.

MDP Spokesperson Imthiyaz Fahmy told local media today (September 5) that the request was filed at the PG’s Office along with supporting evidence that backed the authenticity of the document.

After toppling former President Nasheed’s government, the plan according to the document was for then Vice President Mohamed Waheed to take charge and form a “national unity government” that represented all the opposition parties.  It also outlined plans to dismantle and factionalise then ruling party MDP.

Despite denial from the parties implicated in the agreement, Fahmy – also MP for the Maafannu Dhekunu constituency, argued that the Prosecutor General Ahmed Muizz had the power to order investigations into such cases.

Fahmy claimed that the reason the MDP had not submitted the case to police was that senior officers “had a direct involvement in the coup and therefore they would not investigate” the case.

“The agreement, which plots to carry out acts that violate the constitution and the laws, reveals that certain members of police and the military were prepared to pledge their support to the anti-government movement. After plotting to carry out several criminal offences, they had toppled a government elected by the people using force and violence,” Fahmy claimed.

Fahmy furthermore claimed that the MDP would be closely monitoring whether the PG exercises the duty vested in him by the constitution. Former President Nasheed earlier this week questioned the PG’s ability to act impartially.

Previously, the PG Muizz had ignored a solicitation petitioned to him by former MDP Chairperson and MP Mariya Didi arguing that President Waheed had played a “pivotal” role in the “unlawful overthrow” of his predecessor on February 7, 2012,  thereby committing the offence of plotting to remove the president or topple the government by the use of an unlawful weapon, as mentioned under section 30 of penal code.

However, no decision from the PG has been made on the solicitation to this date. The media official at the PG’s Office was not responding to calls at time of press.

Authenticity denied

The leaked “coup agreement” mentions a detailed step by step manual to oust Nasheed’s government that was to commence from a nation-wide Islamic symposium on February 24, 2012 – 17 days earlier than the day Nasheed felt forced to resign from office.

The document surfaced on social media on Tuesday (September 3). According to the document, the plot included forcing Nasheed to resign the presidency, and having the Supreme Court order him to remain away from politics for the rest of his life.

The document, dated December 29, 2011, featured seals resembling those of the then-opposition parties Progressive Party of Maldives (PPM), religious conservative Adhaalath Party (AP), Dhivehi Qaumee Party (DQP), Jumhoree Party (JP), Dhivehi Rayythunge Party (DRP), People’s Alliance (PA) and the Civil Alliance.

However, all parties to the alleged agreement denied the document’s authenticity, arguing that their signatures had been forged.

Speaking to Minivan News last Wednesday, Vice President of the Civil Alliance coalition of NGOs, Abdulla Mohamed – named in the agreement – dismissed the document: “I swear by Allah, that I have never signed an agreement with any political parties both in my personal capacity and in my capacity as the Vice President of the Civil Alliance.”

“Any agreement, had we made one, would have been live on television. I even have the minutes of meetings held with political parties and I will reveal them soon,” Abdulla Mohamed said.

The unauthenticated signatures in the document appeared to include those of PPM Vice President Umar Naseer, Islamic Minister Sheikh Shaheem Ali Saeed (on behalf of the AP), Leader of the DQP Dr Hassan Saeed, Leader of the JP Gasim Ibrahim, DRP Leader Ahmed Thasmeen Ali, and Deputy Speaker of Parliament Ahmed Nazim on behalf of the PA.

Read an English translation of the document

Download the original document in Dhivehi

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