Tag: terrorism

Adhaalath party president denies terrorism charges in court

The criminal court has ruled tonight to keep the president of the Adhaalath Party, Sheikh Imran Abdulla, in police custody until a verdict is issued in a terrorism trial.

Sheikh Imran is charged under the 1990 Anti-Terrorism Act with threatening to harm police officers and inciting violence at a historic antigovernment protest on May 1.

Imran has denied charges at the case’s first hearing tonight.

The Prosecutor General has also filed the same charges against Jumhooree Party’s deputy leader Ameen Ibrahim and council member Sobah Rasheed. Hearings were scheduled for Ameen at 8:30pm and Sobah at 9:00pm tonight, but cancelled as the pair are out of the country.

Imran is represented by lawyers Ali Zahir and former Attorney General Husnu Suood.

Citing a secret police intelligence report, state prosecutors claimed Imran was a threat to society and requested the three-judge panel detain Imran until the end of his trial.

Defence lawyers asked for five days to answer charges and requested Imran be kept under house arrest, noting the high court had last week overturned a May 17 criminal court order and transferred Imran from police custody to house arrest because of his diabetes.

Judges Abdul Bari Yoosuf, Abdulla Didi and Sujau Usman rejected the request.

They adjourned the hearing after saying Imran will be allowed time to answer charges, but did not specify the date for the next hearing.

Imran was kept in cuffs throughout the hearing.

He was arrested last night from his home on a criminal court warrant.

The same three-judge panel overseeing Imran’s trial had sentenced ex-president Mohamed Nasheed to 13 years in jail on terrorism charges, relating to the arrest of a judge during his tenure.

Foreign governments and international bodies, including the UN and Amnesty International, have criticized the trial for apparent lack of due process.

Nasheed was not given adequate time to prepare defence, denied the opportunity to call defence witnesses and at times denied the opportunity to seek legal counsel, observers have noted.

The three judges had also sentenced ex-defence minister Mohamed Nazim to 11 years in jail on weapons smuggling charges.

Nasheed’s Maldivian Democratic Party (MDP) and the Adhaalath Party had allied after the ex-president and the ex-defence minister’s arrest. Imran had been at the forefront of the ‘Maldivians against tyranny’ campaign.

The May Day rally – the largest protest in Maldivian history – was the second mass protest staged by the opposition calling for Nasheed and Nazim’s release.

Nearly 200 people were arrested from the May Day demonstration following a police crackdown after protesters attempted to enter the restricted Republic Square at dusk.

Imran was arrested at 11:00pm on May 1 and held in police custody for 26 days.

The criminal court authorized his release shortly after the high court ordered police to transfer Imran to house arrest.

“I have never encouraged anyone to create unrest, fear, harm anyone, at any time,” he said on his release.

Photo from social media

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Terrorism trials for Adhaalath, Jumhooree Party leaders set to begin

The terrorism trials of opposition Adhaalath Party and Jumhoory Party (JP) leaders are set to begin at the Criminal Court tonight.

Adhaalath Party president Sheikh Imran Abdulla’s trial is set for 8:00pm, while trials for JP deputy leader Ameen Ibrahim and council member Sobah Rasheed have been set for 8:30 pm and 9:00pm, respectively.

The three are charged with inciting violence at a mass antigovernment protest on May 1. If convicted, they face between 10 and 15 years in jail.

At tonight’s hearings, state prosecutors will read out charges against the three and judges are expected to give them a three-day period to appoint lawyers.

Imran is in police custody at present. He was arrested from his home at 11:00pm last night on a criminal court warrant.

“The warrant stated Imran should be brought to court tonight under police guard,” a police spokesperson said.

A warrant is usually issued only if the accused repeatedly fails to attend court, or if the accused may abscond or flee from trial. The Adhaalath Party said Imran only found out about the hearing at the time of his arrest.

It is not yet clear if a warrant has been issued for Ameen and Sobah’s arrest. The police declined to comment on the issue. The criminal court was not responding to calls at the time of going to press.

Minivan News understands Imran, Ameen and Sobah are charged under Article 2 (f) of the 1990 Anti –Terrorism Act that states inciting fear and issuing threats to harm individuals or damage property is an act of terrorism.

Imran and Ameen were arrested after the May Day protest and accused of encouraging violence in their speeches, which police contends led to protesters assaulting police officers, damaging property, and disrupting public order and safety.

Sobah Rasheed was arrested from an opposition street protest on May 3.

The main opposition Maldivian Democratic Party (MDP) chairperson Ali Waheed was also arrested on May 1, but the PG office has reportedly not made a decision on prosecuting the former MP.

The police had also accused the opposition leaders of threatening President Abdulla Yameen and other senior government officials.

The terrorism charges follow the president’s invitation for separate talks with the three allied opposition parties. Imran, Ameen, and Ali Waheed are among the representatives of their respective parties.

Following his release last week after 26 days under police custody, Imran denied the allegations.

More than 20,000 people took to the street on May 1 calling for the release of imprisoned former President Mohamed Nasheed and ex-defence minister Mohamed Nazim, whose arrests sparked the ongoing political crisis.

The May Day demonstration was the largest anti-government protest in Maldivian history. Some 193 were arrested and scores were injured.

Nasheed was charged with terrorism over the detention of a judge during his tenure and sentenced to 13 years in prison in March.

Nazim was sentenced to 11 years in jail on weapons smuggling charges. The retired colonel maintains the weapons were planted at his home by rogue police officers.

Foreign governments and international bodies including the UN criticized Nasheed and Nazim’s rushed trials for apparent lack of due process. The parliament of the European Union has called for Nasheed’s immediate release.

The opposition alliance has meanwhile called for a mass protest on June 12.

The terrorism charges against Sheikh Imran also comes after President Yameen threatened to prosecute the religious conservative party’s leader over allegations linking the president to the murder of MP Afrasheem Ali in October 2012.

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Adhaalath Party, Jumhooree Party leaders charged with terrorism

Adhaalath Party (AP) president Sheikh Imran Abdulla, Jumhooree Party (JP) deputy leader Ameen Ibrahim and JP council member Sobah Rasheed have been charged with terrorism for allegedly inciting violence during the May Day anti-government demonstration.

The prosecutor general’s (PG) office reportedly filed the terrorism charges at the criminal court today. The charges under the 1990 Anti-Terrorism Act carry a sentence of between 10 to 15 years in prison.

Imran and Ameen were arrested after the May Day protest and accused of encouraging violence in their speeches, which police contend led to protesters assaulting police officers, damaging property, and disrupting public order and safety.

Sobah Rasheed was arrested from an opposition street protest on May 3.

Main opposition Maldivian Democratic Party (MDP) chairperson Ali Waheed was also arrested on May 1, but the PG office has reportedly not made a decision on prosecuting the former MP.

The terrorism charges follow President Abdulla Yameen’s invitation for separate talks with the three allied opposition parties. Imran, Ameen, and Ali Waheed are among the representatives of their respective parties.

Following his release last week after 26 days under police custody, Imran denied the allegations of encouraging violence. The police had also accused the opposition leaders of threatening President Yameen and other senior government officials.

More than 20,000 people took to the street on May 1 calling for the release of imprisoned former President Mohamed Nasheed and ex-defence minister Mohamed Nazim, whose arrests sparked the ongoing political crisis.

The May Day demonstration was the largest anti-government protest in over a decade.

Nasheed was charged with terrorism over the detention of a judge during his tenure and sentenced to 13 years in prison in March.

The PG office has also filed terrorism charges against the driver of a pickup that broke through police lines during the May Day demonstration.

The pickup used at the protest drove through barricades and the line of Specialist Operations police officers at high speed and was stopped near the Islamic centre.

The police said at the time that the driver was instructed and paid by protest organisers to break through the police lines.

Riot police cracked down on the May Day demonstration with tear gas, pepper spray and baton charges after protesters attempted to enter Malé’s restricted Republic Square at dusk.

Nearly 200 people were arrested and scores of protesters and some police officers were injured during violent clashes.

The opposition alliance has meanwhile called for a mass protest on June 12.

The terrorism charges against Sheikh Imran also comes after President Yameen threatened to prosecute the religious conservative party’s leader over allegations linking the president to the murder of MP Afrasheem Ali in October 2012.

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New bill grants president authority to declare groups ‘terrorist organisations’

The Attorney General’s (AG) office has drafted a new anti-terrorism bill that would grant exclusive authority to the president to declare groups as terrorist organisations.

The 39-page draft defines terrorist organisations as a group of people acting as a whole, which carries out or has the purpose of destroying properties or carrying out acts of brutality.

The draft legislation proposes restricting constitutional rights upon arrest for terrorism suspects – including the right to remain silent and access to legal counsel – and criminalises flying overseas to fight in foreign wars.

Inciting violence at demonstrations and threatening the country’s independence and sovereignty will be considered acts of terrorism.

Other terrorism offences include kidnapping, abduction, hijacking, endangering public health or safety, and damaging important infrastructure. The bill specifies penalties of up to 25 years in jail.

Committing any of the offences for the purpose of creating terror among the public or promoting a political or religious ideology will also be a terrorist offence.

The bill also authorises the home ministry to carry out extensive surveillance of suspects.

Encouraging terrorism, an act which carries a 10 to 15 years jail sentence, is defined as “a speech or statement perceived by the public as encouragement of terrorism.”

Circulating messages or statements of a terrorist organisation is also a crime with a jail sentence of seven to 10 years.

A draft of the bill has been shared with the Maldives Police Service and the prosecutor general’s (PG) office.

Attorney general Mohamed Anil told CNM today that his office is seeking comments from stakeholders and that the bill will be submitted when parliament returns from recess next month.

The bill is likely to pass as the ruling Progressive Party of Maldives and coalition partner Maldives Development Alliance controls a simple majority of the 85-member house.

The PG office will have to file charges against a person suspected of terrorism within 15 days and the courts will have to reach a verdict within 30 days.

The home minister will meanwhile have powers to apply for a ‘monicon’ (monitoring and control) order to tag, intercept communications and conduct surveillance on terrorism suspects.

The minister can seek a monicon order if the suspect commits an act that endangers the community.

The minister does not have to inform the suspect and the court is not obliged to summon the suspect before issuing the order.

If a monicon order has been issued the police can order the person to live at a selected house if the suspect has multiple residences, restrict travelling and search the person, his home, suspected whereabouts on any time without an additional court order.

If the law is passed, the Anti-Terrorism Act of 1990 will be dissolved.

Former president Mohamed Nasheed and ex-minister Tholhath Ibrahim were charged under the terrorism law over the military’s detention of a judge in January 2012. The pair were found guilty and sentenced to 13 years and 10 years in prison, respectively, last month.

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Ex-president transferred to jail

Former president Mohamed Nasheed has been transferred from police custody today to a low security jail an hour away from the capital Malé.

Nasheed is serving a 13-year jail term on terrorism charges relating to the detention of a judge during his tenure.

He was convicted on March 13, but was held at the Dhoonidhoo Island remand centre until the home ministry finished constructing a special apartment at the high security prison on Maafushi Island.

The Maldives correctional services today transferred Nasheed to Asseyri jail on Himmafushi Island temporarily, saying Nasheed will be taken to Maafushi jail when his apartment is completed.

The office said it is not yet certain when the apartment will be ready.

The opposition leader’s lawyers meanwhile expressed concern over the police’s alleged failure to inform them of the transfer.

“We continue to have grave concerns over his safety. The police should in any case inform lawyers before they transfer any prisoner from one place to the other,” lawyer Hassan Latheef said.

Former first lady Laila Ali in March appealed to President Abdulla Yameen to give her assurances of Nasheed’s safety, saying she had received information from credible sources that he may be assassinated in jail.

Home minister Umar Naseer has previously said the government “guarantees the safety, welfare and protection of former president Mohamed Nasheed while in custody.”

He was to be incarcerated in a 264-square foot furnished prison apartment in Maafushi jail with air-conditioning, a sitting room, a television and VCD player.

The special apartment would have a 1,087 square foot garden and Nasheed would be able to “live with other inmate friends,” Naseer said.

In response, the office of former President Nasheed released a statement claiming the cell being prepared to house the opposition leader was in an area of the jail deemed unfit for human habitation.

“The use of the cell being prepared in Maafushi jail was discontinued after the Human Rights Commission of Maldives and the International Red Cross and Red Crescent determined in 2009 that it was unfit to hold people,” the statement read.

“The toilet of the cell currently being prepared is inside the cell. It was built such that unclean odours and bacteria fans out to the whole cell. It is adjacent to the jail’s garbage dump. Germs, bacteria and unclean air constantly circulate inside the cell.”

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Chief judge praises criminal court over Nasheed’s trial

Chief judge Abdulla Mohamed has praised judges and staff at the criminal court for the swift conclusion of former president Mohamed Nasheed’s terrorism trial which related to the judge’s arrest in 2012.

The criminal court handed Nasheed a 13-year jail term, sparking international outrage and daily protests across the country.

“The Maldivian military was brought to alert, tents set up at the justice building, scan machines were kept, and the whole country was brought to alert,” Judge Abdulla was quoted as saying by local media.

“A three-judge panel was formed, and a verdict was delivered in 19 days by criminal court judges and staff in a case that couldn’t be concluded in three years,” the chief judge said at a function held last night to mark the court’s anniversary.

Nasheed’s rushed trial was widely criticised by foreign governments, the UN, and Amnesty International for its apparent lack of due process.

Judge Abdulla meanwhile said criminal court judges and staff were awake at night and during weekends while the rest of the judiciary was asleep.

The court proved that the “judiciary is awake” after “matters reached the state where some people believed the judiciary was incapable.”

In addition to Nasheed, his defence minister Tholhath Ibrahim Kaleyfaanu, then-chief of defence forces Moosa Ali Jaleel, then-Malé Area Commander Brigadier General Ibrahim Mohamed Didi, and ex-colonel Mohamed Ziyad were charged with terrorism over the judge’s arrest.

Tholhath was found guilty and sentenced to 10 years in prison.

Nasheed has meanwhile accused Judge Abdulla of involvement in a “contract killing,” and said he had blocked an investigation into his misconduct by the judicial watchdog, and obstructed the police from carrying out their duties.

Judge Abdulla last night also said unlawful arrests by the state have not come to an end, despite six years passing after the adoption of the 2008 constitution.

Seven cases of unlawful detention were submitted to the court last year, he said.

Judge Abdulla said last year’s cases of unlawful arrest included four expatriates suing the immigration department, and one expatriate suing the police. In addition, three Maldivians sued police and the correctional services.

He also referred to the arrest of then-MP Abdulla Yameen and MP Gasim Ibrahim in 2010.

“There’s no doubt that these matters will become a lesson in Maldivian history,” judge Abdulla reportedly said.

He called for more benefits and additional security to criminal court judges.

Lack of space and facilities at the court posed difficulties in providing lawyers access to their clients and the ability to study case documents, the chief judge said.

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Nasheed denied access to international lawyers

The police have denied jailed former President Mohamed Nasheed’s requests to contact his international legal team, stating they must first register with the attorney general’s office.

The opposition leader was sentenced to 13 years in jail last month on terrorism charges in a trial heavily criticised by foreign governments, the UN and Amnesty International for its apparent lack of due process.

Nasheed’s international legal team is made up of heavyweight human rights lawyers including Amal Clooney, who has advised the UN and is the wife of Hollywood actor George Clooney, Jared Genser, the founder of renowned campaign group for political prisoners Freedom Now and Ben Emmerson QC, a former UN rights chief on counter terrorism.

The international team is to push for Nasheed’s “freedom from arbitrary detention” through international lobbying mechanisms such as the UN working group on arbitrary detention, the opposition leader’s domestic legal team has said.

The working group’s decision on Nasheed’s detention will affect the international community’s policies towards the Maldives and will inform decisions on possible sanctions, lawyers said.

Speaking to the press today, Nasheed’s lawyer Hassan Latheef said Nasheed had met with a representative from the Commonwealth yesterday.

However, the former president refused to speak about his trial with the British judge Peter Beaumont CBE QC, stating an additional inquiry into his trial will serve no purpose.

“President Nasheed told the delegation he does not believe the commonwealth needs to do an additional inquiry into the Maldivian judiciary. He said the Commonwealth knows very well the state of the Maldivian judiciary and its courts, and so there is no meaning to do an additional report into his trial,” Hassan said.

Nasheed requested the Commonwealth’s aid in reforming the Maldives’ system of governance and criticised the government’s jailing of rivals, including himself and ex-defence minister Mohamed Nazim.

The result of the Commonwealth-backed inquiry into the 2012 transfer of power had undermined both the government and the opposition’s trust in the organisation, Nasheed reportedly said.

The inquiry was established after Nasheed claimed he had been forced to resign in a coup d’état following a military and police mutiny. But the commission’s report found the transfer of power to be lawful and said there was no mutiny.

Foreign minister Dunya Maumoon in February reacted harshly to Commonwealth criticism of Nasheed’s prosecution, stating the organisation had “wronged us in the past and you are still mistreating us.”

But with growing international criticism of the trial and sentence, the government invited representatives from the Commonwealth and EU to observe an appeal process.

However, Nasheed has refused to file an appeal, instead appealing to President Abdulla Yameen for a political solution. His supporters have called on President Yameen to release the former president by exercising powers granted in the clemency law.

The opposition has been protesting daily for two months over Nasheed’s arrest and imprisonment.

Correction: An earlier version of this article said Nasheed’s international lawyers were planning a visit to the Maldives. This is incorrect. Minivan News apologizes to its readers for the mistake.

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Government to stop flow of Maldivians joining jihad

The government is working on a new law to deter a growing number of Maldivians seeking to join radical Islamic movements in Iraq and Syria.

Home minister Umar Naseer told Haveeru the attorney general’s office had drafted legislation that would criminalize the act of leaving the Maldives to participate in foreign wars.

However, the attorney general’s office said only “discussions had been held on drafting a law.” Naseer was unavailable for comment as he is currently in Qatar for a UN congress on crime prevention and criminal justice.

The police chief in January said there are over 50 Maldivians fighting in foreign wars, but the main opposition Maldivian Democratic Party estimates the number to be as high as 200.

At least seven have reportedly died while fighting in Syria in the past year.

Another seven Maldivians were arrested in Srilanka and Malaysia on the suspicion of attempting to travel to Syria for jihad, but were released in Malé as the law does not recognise the act as an offence.

Prosecutor general Muhthaz Muhsin welcomed the move, but said Maldivians going abroad to fight in foreign wars could be prosecuted in provisions in the new penal code.

The penal code was due to come into force on Monday, but the ruling party delayed it by three months claiming more time was needed to raise awareness on its provisions.

“I believe putting a stop Maldivians going abroad to fight is very important. The new penal code would be helpful in these kinds of cases,” Muhsin told Minivan News.

The new penal code criminalizes participation in a criminal organization and contributing money to such an organization.

A counter-terrorism expert, who wished to remain anonymous, welcomed the government’s plans, but cautioned: “As we have seen so many times, legislation alone does not always solve the problem. The government also needs to put together a cross-governmental plan of action to tackle the wider issue incorporating the aspect of prevention.”

The law must criminalize financing and membership of terrorist organizations, and recruiting members and training in such organizations, they said.

The Police Commissioner Hussain Waheed earlier this year said that the police are tracking individuals associated with foreign militant groups.

“We know who the foreign militants are. We are monitoring their activities. My hope is, I believe we will be able to monitor them to the extent they are not able to [present a threat] in the Maldives.”

Maldivians who have reportedly left the country for Syria include immigration officers, hospital workers, members of Malé’s criminal gangs, and entire families including infants.

Suspects in the murder of an MP and the disappearance of Minivan News journalist are also reported to have left for jihad.

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Ex-defence minister jailed for 10 years on terrorism charges

Former defence minister Tholhath Ibrahim Kaleyfaanu was found guilty of terrorism and sentenced to 10 years in jail last night over the military detention of a judge while ex-president Mohamed Nasheed was in office.

Nasheed is currently serving a 13-year jail sentence over the same incident, in which criminal court chief judge Abdulla Mohamed was held for three weeks in January 2012.

Ex-colonel Mohamed Ziyad, one of the five accused in the case, was meanwhile acquitted last night.

The court said the prosecution’s evidence, witness testimony and Tholhath’s statements in court were sufficient to prove the former minister’s involvement.

However, the three-judge panel presiding over both cases ruled that Ziyad followed orders from his superiors, did not have any intention of unlawfully arresting the judge, and was not in a position to issue commands.

Several senior military officers had meanwhile said Tholhath had vowed to take responsibility for the judge’s 22-day detention on Girifushi island even if he were to be jailed for 40 years.

The judges also noted that Tholhath defied court orders demanding Judge Abdulla’s immediate release.

The verdicts were delivered last night following repeated cancellations after the hearings were concluded last month.

At a previous hearing, Tholhath said Nasheed had ordered the arrest of the judge.

The operation ‘Liberty Shield’ was initiated by Nasheed and carried out by then-Malé Area Commander Brigadier General Ibrahim Mohamed Didi, currently an opposition Maldivian Democratic Party MP for mid-Hithadhoo constituency, he said.

During the trial, state prosecutors said soldiers involved in the operation were not being charged as accomplices because senior officers of the military “used the institution as a veil to commit this atrocity”.

On Wednesday night, the criminal court acquitted Defence Minister Moosa Ali Jaleel of terrorism charges related to the judge’s arrest. The retired major general was chief of defence forces at the time, but maintained he had no role in the operation.

Of the five defendants charged with the “abduction” or “enforced disappearance” of the judge, only MP Didi’s verdict is still pending.

Didi’s trial did not progress beyond a few hearings as he had to be flown abroad for medical treatment half-way through the trial. He is yet to return to the country.

Judge Abdulla’s arrest sparked 22 nights of violent anti-government protests, culminating in a police and army mutiny on February 7, 2012. Nasheed resigned on the same day, but later said it was in order to avoid bloodshed and was in effect a forced resignation.

In January 2013, Tholhath told parliament’s government oversight committee that the events of February 7 was not a coup d’etat, after previously claiming Nasheed’s life was in danger and that the former president had no choice but to resign.

During the 2013 presidential campaign, Tholhath campaigned for Jumhooree Party Leader Gasim Ibrahim and later backed eventual winner Abdulla Yameen.

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