Dr. Shainee hits back at UN working group

Minister of Fisheries and Agriculture, Dr. Mohamed Shainee has hit back on United Nations Working Group on Arbitrary Detention, saying it did not have authority over Maldivian laws and Constitution, and that Maldives would be run based on Maldivian laws and Constitution.

In an interview with “Sun” this Saturday, Dr. Shainee said demands by former Maldivian President Maumoon Abdul Gayoom and former Maldivian President Mohamed Nasheed, as well as a number of other political figures to release former Minister of Defense Colonel (Retired) Mohamed Nazim from prison based on UNWGAD’s findings was “irresponsible”.

Shainee said that UNWGAD had no authority over Maldivian laws and Maldivian Constitution, noting that UNWGAD also released a report calling for Nasheed’s release.

He said that government extended invitation for political dialogue with political parties in Maldives following allegations of such issues within the Maldivian system.

“With the initiative of Maldivian President, we, the government, provided invitation for political dialogue. To solve issues within Maldivian system if such issues exist. But ignoring the invitation and making such demands is irresponsible on their part,” said Shainee.

When Col. (Rtd) Nazim was arrested, I said he was framed. Today, the UNWGAD agrees. Nazim must be released immediately. https://t.co/JxsUiMlb50

— Mohamed Nasheed (@MohamedNasheed) January 26, 2017

Shainee said that UNWGAD had no say over Maldivian laws and Maldivian Constitution, and that Maldives would be run based on Maldivian Constitution and Maldivian laws.

He said that Constitution prescribes specific procedures to address such issues, and that there would be no deviations from the procedure.

UNWGAD found Nazim’s 11- year prison sentence to be a violation of both Maldivian and international laws. It asked for Nazim’s immediate release. And asked that Maldivian government needs to compensate him for the violation of his rights in accordance with international laws.

I call on Maldives government to release Col Nazim immediately on the basis of the opinion of the working group of UN human rights council.

— Maumoon Abdul Gayoom (@maumoonagayoom) January 27, 2017

The group also asked that Maldivian government invite it for a visit to Maldives.

Shainee said that he found UNWGAD’s demand that Maldivian government invite it to Maldives after releasing a report without visiting Maldives or proper evaluation of the trial preposterous.

“How about compiling the report after coming to Maldives and proper evaluation. Compiling the report without visiting Maldives, and then asking for an invitation to visit Maldives is absurd,” he said.

Shainee said Cabinet received the report over the weekend, and that the government would release an official statement regarding the report after discussion.

UNWGAD noted in its report that:

• Weapons and bullets found in Nazim’s bedroom were planted there by police. And there was therefore an attempt made to frame Nazim.

• 5-day period provided by Criminal Court is insufficient based on the severity of the charge. And defense was blocked from calling a number of witnesses for testimony, and testimony of multiple witnesses were not heard.

• Nazim was not sufficiently provided information on State witnesses.

• Criminal Court failed to provide Nazim’s lawyers with reports and other documents needed for appeal during the appeal duration.

• Responsibility of proving the weapons found belonged to Nazim was shifted off State prosecution, and responsibility of proving the weapons found did not belong to Nazim fell to the defense.

• High Court taking five months to hear the appeal. And Supreme Court rejecting request to order High Court to expedite appeal.

UNWGAD concluded that the Maldivian government violated Nazim’s human rights, civil rights and political rights; as well as rights guaranteed to Nazim through Maldivian Constitution and Maldivian laws.

The group asked for the charges and sentence against Nazim to be retracted, and the be re-investigated justly and in accordance with international law, and due legal process be executed.