Nasheed

Former President Mohamed Nasheed’s team of lawyers has expressed concern over the process planned for the pending trial against him.

Nasheed has been summoned to Court for 1 October at 16:00, in relation to the illegal detention of Chief Judge of Criminal Court Abdullah Mohamed in Girifushi Island.

Nasheed’s legal team held a press conference at Nalahiya Hotel today to voice their concerns.

Lawyer Hisaan Hussain said that article 141(a) of the Constitution states that all Courts must be established by law, and Hulhumale’ Court was established illegally.

“Hulhumale’ Magistrate Court was established by the Judicial Service Commission against the Constitution. Supreme Court is currently processing a case which questions the legitimacy of Hulhumale’ Magistrate Court,” Hisaan said.

Lawyer Hassan Latheef said that while a bench of three magistrates have been appointed to preside over this case, they are not magistrates of Hulhumale’ Court, which makes it a violation of the Judges Act.

“The panel was constituted entirely against article 67 of the Judges Act. The panel does not include a single magistrate of Hulhumale’ Court,” he said.

They highlighted that one of the three magistrates had been accused of corruption and sexual misconduct, which facilitates deprival of the defendant’s rights.

Hisaan said that in the past, more than one Judge has resided only over serious cases, and Nasheed’s case in itself is not that serious.

Nasheed is being charged under article 81 of the Penal Code, which states that it is an offence for public servants by reason of the authority of office to arrest or detain innocent persons in a manner contrary to the Law.

The penalty for anyone convicted of such a crime is exile or imprisonment for not more than three years, or a fine of not more than MVR2,000.