Briefing Notes: Maldives

Briefing Notes: Maldives

A delegation from the UN Human Rights Office, headed by Mona Rishmawi, the head of the rule of law, equality and non-discrimination branch, visited the Maldives from 20 to 23 April to examine the broader issues related to the criminal case against former president Mohammad Nasheed, who is serving a 13-year prison sentence.

After meetings with Government and judicial officials, civil society members and with Mr. Nasheed, the delegation’s findings suggested that, however serious the allegations against him, the trial of Mr Nasheed was vastly unfair and his conviction was arbitrary and disproportionate.

In the absence of an adequate criminal code, evidence law, and criminal procedures, the Prosecutor-General and the judges have excessive discretionary powers that worked in this case against Mr Nasheed. He learnt about the new charge under the Terrorism Act only upon arrest. Following a rushed process that took place over less than three weeks, at night and often without the presence of Mr. Nasheed’s lawyers, he was convicted and sentenced. Importantly, the court denied Mr. Nasheed the possibility to prepare and present adequate defence, including calling defence witnesses, and examining the evidence against him.

The judicial system as a whole is perceived as politicised, inadequate and subject to external influence. For instance, in addition to the conviction of Mr Nasheed, two former Ministers of Defence, Mr Mohamed Nazim and Mr Tholhath Ibrahim and former MP Mr Ahmed Nazim, also recently received disproportionate sentences in a flawed trials.

We once again stress the need for the authorities to allow an environment conducive to political dialogue in the country. A mass protest has been planned/is underway and we urge the authorities to allow such exercise of freedom of expression and opinion without undue interference.

During our visit, we also stressed to the Government the need to ensure the safety of Mr. Nasheed. We were told that all appropriate measures to safeguard his security, wellbeing and health would be taken.

We will continue to engage with the Government on these issues and will continue to monitor the situation closely.

A fuller account of this briefing by Mona Rishmawi will be available later today at: http://www.unog.ch/80256EDD006B9C2E/httpPressReleases?ReadForm&count=10000&expand=2.1&count=10000&unid=973ECFD74E96A2F2C1257E38003B8CEA#1.2.1

ENDS

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