Tag: Zeid Ra’ad Al Hussein

Ex-president’s wife continues high-profile campaign in Europe

Former president Mohamed Nasheed’s wife, Laila Ali, is continuing a high-profile campaign in Europe to free her husband.

The former first lady met with the president of the European Union parliament Martin Schulz in Strasbourg, France, on Tuesday and met the UN high commissioner on human rights Zeid Ra’ad Al Hussein in Geneva, Switzerland, on Wednesday.

Nasheed’s trial on terrorism charges was widely criticized for apparent lack of due process.

The UK prime minister David Cameron, the European Parliament, and US Senators John McCain and Jack Reed have called for his immediate release.

The opposition leader was transferred to house arrest in late June amidst mounting diplomatic pressure.

“We are hopeful, but cautious,” said Hamid Abdul Ghafoor, the spokesperson of the main opposition Maldivian Democratic Party (MDP).

“President Nasheed is not free, he could be returned to house arrest any minute. There are some 1400 opposition supporters and politicians facing charges. So we must continue our campaign.”

Nasheed was sentenced to 13 years in jail over the military detention a judge during his tenure.

The MDP and the government recently commenced talks, but a third meeting was cancelled tonight as some ministers are out of the country. The opposition has also backed a constitutional amendment that would allow President Abdulla Yameen to replace his deputy as a confidence building measure.

An aide who had accompanied Laila on her Europe trip said she had discussed Nasheed’s imprisonment and the human rights situation in the Maldives during her visits. She met with EU MEPs in Brussels on Monday before calling on Schulz and Al-Hussein.

“The government needs to demonstrate its sincerity by freeing all political prisoners, including Nasheed, and ensuring they can fully return to public life,” the aide said.

In April, the EU parliament adopted a resolution calling for Nasheed’s freedom, and requested member countries to warn travelers on the human rights situation in the Maldives.

Shortly after Nasheed was sentenced, Zeid said the trial was rushed and “appears to contravene the Maldives’ own laws and practices and international fair trial standards in a number of respects.”

Heavyweight international human rights lawyers including Amal Clooney, the wife of Hollywood actor George Clooney, have taken up Nasheed’s case at the UN working group on arbitrary detention.

A ruling is expected in September or October. The government has hired a law firm chaired by Cherie Blair, the wife of UK’s former prime minister Tony Blair, to respond to the petition.

Meanwhile, Cameron has called for political dialogue in the Maldives and Nasheed’s release following a meeting with Laila on June 25. The former first lady had also met UK MPs and Hugo Swire, the minister of state, foreign and commonwealth office in her visit to London in late-June.

US Senators McCain and Reed, who chair the Senate Armed Forces Committee, on June 2 urged the US government to press for the opposition leader’s release and warned that the Maldives’ decisions are “having serious adverse consequences on its relationships abroad.”

 

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Government defends Supreme Court’s HRCM ruling

A Supreme Court judgment that bars the human rights watchdog from communicating with foreign organization without oversight “clearly stresses” the commission’s independence, the Maldivian foreign ministry has said.

The 11-point guideline issued by the apex court, in a ruling that also found the a human rights assessment submitted by the watchdog to the UN unlawful, simply prescribes how the Human Rights Commission of the Maldives should operate within the law, the ministry said.

UN rights experts, the main opposition Maldivian Democratic Party (MDP) and civil society groups have denounced the guideline as one that restricts the HRCM’s work and its right to share information freely with the UN.

But the foreign ministry said the guidelines “do no stipulate, in any specific terms, any restriction or limitation on the HRCM’s ability to submit reports to the UN or any other national or international organ in the future.”

The guideline was issued under controversial suomoto regulations that allow the Supreme Court to prosecute and pass judgment.

Point 7 of the guideline orders the commission to ensure “full cooperation” from other state institutions, while point 8 says the HRCM must communicate with foreign bodies according to procedures set by the state and through the relevant state institution.

Zeid Ra’ad Al Hussein, the UN high commissioner for human rights, said the verdict was “completely unacceptable.” The guideline is “yet another example of the judiciary undermining human rights protection in the Maldives,” he said.

The UN Special Rapporteurs on independence of judges and lawyers, Gabriela Knaul, and on the situation of human rights defenders, Michel Forst described the verdict as “an act of reprisal.”

The charges relate to a report the HRCM had submitted to the Universal Periodic Review, a process that studies the human rights record of all 193 UN member states with the aim of supporting and expanding the protection of human rights.

In the report, the HRCM had said the Supreme Court controlled and influenced the lower courts to the detriment of the Maldivian judiciary.

The apex court said the report was biased and undermined judicial independence and the Maldives constitution.

Defending the Supreme Court, the foreign ministry today said: “To suggest that the Supreme Court has, in this case, deliberately sought to curtail the activities of the HRCM, as a state institution appears to be a mischaracterization, in that the substance of the suomoto case is not concerned with the substance of the report prepared for the UPR, but issues concerning the compilation of that report.”

The Supreme Court judges, in fact, did take issue with the substance of the report, and also censured the HRCM for basing its assessment of the judiciary on reports written by Knaul, the International Commission of Jurists and advocacy group Transparency Maldives.

Then- Chief Justice Ahmed Faiz, in September last year, suggested the HRCM should not cite Knaul as the judiciary had rejected her 2013 report on the judiciary.

The Supreme Court verdict, delivered eight months after the charges were first pressed, comes as the parliament prepares to appoint three new members to the HRCM as the five-year terms of three members are due to expire in August and September.

President Abdulla Yameen has nominated a former ruling party MP, the wife of a current ruling party MP and a senior official at the gender ministry for the soon to be vacant seats.

The government has meanwhile hired a law firm owned by Cherie Blair, the wife of UK’s former prime minister Tony Blair, to “strengthen the legislative framework of the government.” Omnia Strategy also specializes in public relations.

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