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Page added on September 27, 2012

Nasheed case proceedings against laws and norms: Nasheed’s legal team

Nasheed case proceedings against laws and norms: Nasheed’s legal team thumbnail

Former President Mohamed Nasheed’s legal team has expressed concern that Nasheed is not being given the opportunity to have a fair trial.

At a press briefing held on Wednesday they detailed concerns about the procedural and legal matters around the case against Nasheed, stating much of the proceedings were against both the constitution and the laws of the Maldives.

Nasheed has been currently placed under island arrest, with regard to a case concerning his arrest of Criminal Court Chief Judge Abdulla Mohamed last year.

Hulhumale’ court’s legality in question

Member of Nasheed’s legal team Hisaan Hussain voiced concerns that the Hulhumale’ Magistrate Court, tasked with presiding over the case, was formed unconstitutionally. Quoting Article 141 (a) of the Constitution and Articles 53 (b) and 62 of the Maldives Judicature Act, Hisaan stated that it was clear the Hulhumale’ Magistrate Court was established out of the boundaries of law.

Hassan also noted that there was an existing case in the Supreme Court, where the court had been asked to rule on whether the Hulhumale’ Magistrate Court had been formed in accordance with existing laws. She said that although they did not know who had filed the case, it had been filed prior to the decision to have the court preside over the case against Nasheed. The Supreme Court has not yet made a ruling on the case.

However, an official from the Hulhumale’ Court who did not wish to identify himself said to Minivan News today, “We are not officially aware that such a case regarding this court exists.”

He further said that the Department of Judicial Administration was mandated to provide details on similar issues to the media.

However, Department of Judicial Administration’s Spokesperson Latheefa Gasim said that they did not wish to comment on the issue at this point in time.

Panel of Three

Former Minister of Youth and Sports and member of Nasheed’s legal team, Hassan Latheef stated that the panel of three magistrates which are to preside over the case was selected in violation of Article 67 of the Judicature Act, which specifically outlines how magistrates can be assigned to courts. He said that none of the three magistrates assigned by JSC were appointed to the Hulhumale’ Magistrate Court.

Latheef said that in contrast to international practices, the magistrates for this particular case had been “handpicked from around the country”. According to him, this was in direct violation of the Maldives Judge’s Act.

In addition to this, Hassan revealed that one of the three magistrates assigned by the Judicial Services Commission (JSC) was currently being investigated by the commission on two different offenses, a charge of corruption and of sexual offence.

Latheef further said since the strongest penalty against Nasheed in this case was a 3 year jail sentence, the case could not be considered an offence serious enough to warrant three magistrates to preside over it. He confirmed that this was the first time a case regarding an offence against Article 81 of the Penal Code was being overseen by a panel, rather than a single judge.

The legal team noted that they believed Nasheed was being discriminated against due to his political views. They pointed out that this was in violation of Article 17 of the constitution.

JSC Media Officer Hassan Zaheen spoke to Minivan News today regarding the concerns raised by MDP.

“It is not MDP that gets to decide whether or not a panel needs to be formed. In Islamic Shariah there is nothing to stop us from doing something just because it hasn’t been done before,” he said.

Zaheen further stated that it was constitutional to bring in magistrates from any part of the country to sit on the case and that this was clearly defined in law.

“JSC can bring in judges from anywhere, as long as they are of the same level. It is clearly defined in the Judges Act, or the Judicature Act, or some relevant law. These are all magistrates,” he said.

Zaheen denied that Nasheed was being discriminated against.

“Has another president of Maldives had a criminal case against him? No. Now, if a similar case has not occurred before, there is no room to claim there is discrimination. What are they comparing with?”

Violation of fundamental rights

Nasheed’s legal team expressed concern that the case was being handled outside of all norms.

They pointed out that the Prosecutor General, Human Rights Commission of the Maldives (HRCM) and the Ministry of Gender, Family and Human Rights had so far stayed silent on the matter, although it was within their mandate to protect the rights of the people.

Media Official of the Prosecutor General’s Office Hussain Nashid declined from commenting to the media.

“I will not comment about a case which is in the courts currently. The PG office will make whatever necessary statements during court sessions only.”

HRCM and the Human Rights Ministry were unable to comment on the matter at the time of press.

In January, a group of lawyers had forwarded this same case, concerning the arrest and detention of Criminal Court Chief Judge Abdulla Mohamed to the International Criminal Court.

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9 Comments on "Nasheed case proceedings against laws and norms: Nasheed’s legal team"

  1. mohamed Naseem on Thu, 27th Sep 2012 3:32 PM 

    Its is because Maumoon Abdull Gayoom thinks they might be arrest him for criminal changes, on his long running 30 years dictatorship.

    Torture in prison shooting in prison.ect and arresting political prisoners.

    That the plane coup ant workout going now is to arrest Naseed,is Gayoom to escape justice.

    Many of gayooms mistreated victims supports Naheed to have proper justice.Because of Abdulla Gazee Maldives justice is been fail.

    Dictator is the king above all bribing forces justice and to stay free from justice is the game.

    Equal rights and justice freedom and peace is what Maldivian,s are looking towards today.

    There are few working to make it not happen,Some of high ranking officers in forces and x Island chief,s and atoll chiefs.is the error for justice.

  2. Patriot on Thu, 27th Sep 2012 3:39 PM 

    What can one expect from a government run by a gang of traitors who have brought down a democratically elected president?
    This is just like it was in current Myanmar or Uganda in when Idi Amin was president!

    And still the international community does not seem to take note!

    No wonder!

  3. Saif on Thu, 27th Sep 2012 6:28 PM 

    ‘Zaheen denied that Nasheed was being discriminated against.

    “Has another president of Maldives had a criminal case against him? No. Now, if a similar case has not occurred before, there is no room to claim there is discrimination. What are they comparing with?”

    I thought all Maldivians were equal before the law. This proves beyond all doubt that this is a kangaroo court.

    We are comparing with other Maldivians, you idiot! That is why we are saying it is discriminatory. No special treatment of ANYONE. The constitution says all are equal before the law.

    Now how many criminal cases have we had in the Maldives?

  4. Chikun Dhunya on Thu, 27th Sep 2012 8:57 PM 

    Not good, eh?

  5. Democratic friend on Thu, 27th Sep 2012 9:11 PM 

    Patriot on Thu, 27th Sep 2012 3:39 PM

    You really need to make your mind up. Each day comes another change of mind. One day you call for the International community to keep their noses out of the Maldives and mind their own business and the next day you step out of the otherside of the bed and question why the International Community does nothing.

    Typical of so many Maldivians. We don’t need the rest of the world, but can we have your money and investment in our country. Thank you, now get out of our country we are a superior race to the infidels…..oh crap we’ve run out of money again……please can we have some more.

  6. Alas! on Fri, 28th Sep 2012 10:02 AM 

    It is now media officers that interpret Sharia and Islamic jurisprudence in the Maldives? Talk about the lack of qualified judges. What a sad state of affairs!

  7. santhi on Fri, 28th Sep 2012 10:15 PM 

    The problem here is, Jameel, Abdullah Riyaaz and Naazim should have made President Nasheed appear in the court on the 8th of February but fortunately or unfortunately to sleek over the attestant of the stamp down or so called “dense coup” they couldn’t do that. But now the situation is such “The Devil take the hindmost” Wish both sides all the best and may God bless our nation….

  8. Azhar Nadeem on Sat, 29th Sep 2012 1:56 PM 

    Really feel sorry for poor Nasheed and the way he was thrown out

  9. Patriot on Mon, 1st Oct 2012 2:50 PM 

    @ Democratic friend on Thu, 27th Sep 2012 9:11 PM

    There are imposters here and Patriot has not been used only by Patriot on Thu, 27th Sep 2012 3:39 PM.

    You either have not noticed or ?


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