Attempts were made to remove Judge from his post and send him abroad: HRCM

Human Rights Commission of Maldives (HRCM) has said that attempts were made to remove the Chief Judge of Criminal Court Abdullah Mohamed from his post and send him abroad, while he was being held in custody in Girifushi by Maldives National Defence Force (MNDF).

Abdullah Mohamed of Bahaaruge, R. Hulhudhuffaaru was arrested by MNDF on 16 January 2012, during former President Mohamed Nasheed’s administration.

While providing information on the investigative report on the arrest of the Judge, President of HRCM Mariyam Azra said that even though the Judge was not exposed to physical violence, he was forced into acts which violated human dignity.

Commission member Ahmed Abdul Kareem noted that because the case is currently in Court, it is not possible to share more information with the media.

He also mentioned that HRCM’s investigations revealed that the Judge was arrested in violation of the freedom and human rights guaranteed by the Constitution and laws of the Maldives and international treaties on Human Rights.

He added that the individuals responsible for detaining the Judge in Girifushi and depriving him of his rights should be duly punished for these crimes.

“Thus we have filed the case to the Prosecutor General’s Office, to follow the necessary legal procedures to bring them to justice. Also, as the investigation revealed that illegal orders were made, and that these orders were obeyed by several individuals – they should also be held accountable to various degrees for their actions. We have asked the relevant Institutions and Commissions to take action against them,” he said.

He did not disclose who, or how many people he was talking about.

Azra said that copies of the report had been sent to groups associated with the case, and that it would not be justified to publish the full report while the case is in progress in Court.

She added that the recommendations included in the report do not request for the prosecution of any specified persons.

After assessing HRCM’s investigation report, the Prosecutor General has filed a case against former President and Commander-in-Chief to MNDF Mohamed Nasheed, former Defence Minister Thalhath Ibrahim Kaleyfaan, former Chief of Defence Moosa Ali Jaleel, Brigadier General Ibrahim Mohamed Didi and Colonel Mohamed Ziyad.

One of the defendants, Brigadier General Ibrahim Mohamed Didi submitted his resignation not long after the case was filed to Court.

Also, while former President Nasheed has asserted that he is prepared to face the allegations against him in Court, members of Maldivian Democratic Party (MDP) have called the Prosecutor General to withdraw the case.

While Judge Abdullah was in MNDF custody, a group of Maldivian lawyers had filed the case to the International Criminal Court. Similarly, the Supreme Court had proclaimed that the Judge had been arrested unlawfully, and repeatedly ordered MNDF to present him in Court – orders which were ignored by MNDF.

Judge Abdullah was released on 7 February 2012, the day the government changed. Since then, the Judge has returned to work as per normal.