Prosecution presents evidence against Home Minister

State prosecution today presented evidence against Minister of Home Affairs Umar Naseer for charges of disobeying State orders.

A video presented to court today shows Umar Naseer speaking at a rally against former president Mohamed Nasheed’s Maldivian Democratic Party (MDP) government, near the Maldives Monetary Authority (MMA) Building on Boduthakurufaanu Magu on the night of 23 January 2012.

The former opposition leader has been charged for calling 2000 volunteers to follow his instructions and use 50, 12-foot ladders to storm the walls of the country’s main military headquarters during the rally, part of a series of protests prior to the controversial change of power on 7 February 2012.

Judge Abdulla Didi, judge presiding over the Home Minister’s case made a ruling today to reject a procedural motion presented by the defence, saying that the clause under which Umar Naseer has been indicted - Article 88 (a) of the Penal Code, with reference to Article 8 (ii) of Act Number 4/68 (General Laws) - contradicts Article 27 of the Constitution, which grants freedom of expression.

Article 8 (ii) of General Laws prohibits remarks that might upset the peace and order of the community. Article 88 (a) deals with the breach of duty or lawfulness, or disobeying orders of the State. Article 27 of the Constitution states that, “everyone has the right to freedom of thought and the freedom to communicate opinions and expression in a manner that is not contrary to any tenet of Islam.”

At the hearing today, the defence requested the court to provide the ruling in writing, but Judge Abdulla Didi rejected the request saying that the motion was not a procedural issue and that the court is not required to provide every ruling in writing.

The defence replied that Umar Naseer is seeking to exercise the right for every individual to appeal the decisions by first-tier courts in a higher court.

The judge allowed the defence to present evidence and statements at today's hearing, but the Home Minister’s lawyers said that they do not wish to proceed with the case if the judge denies them the right to appeal the court’s decisions.

Judge Abdulla Didi concluded today’s hearing after stating that the defence will be allowed to present its statement during the next hearing.