MALDIVES: Opposition party leader charged with sedition and terrorism, while protesters are arrested and detained 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that the opposition party leader Mohammed Nasheed, who is the chairperson of the Maldivian Democratic Party(MDP), was arbitrarily arrested by the police in Male, Maldives on 12 August 2005. He was later charged with sedition and terrorism under very suspicious circumstances and is currently detained at the Dhoonidhoo Detention Facility. If the court convicts Nasheed, he can be sentenced to a minimum of two years imprisonment or a maximum of life imprisonment. Moreover, Nasheed’s wife, who visited her husband, reported that he was tortured while in detention, and needs medical attention.

Meanwhile, at least 100 people who protested against Nasheed’s arrest have been arrested and detained without charge. The exact number of the arrested has not been revealed. It is feared that those arrested might face torture or ill-treatment during their detention.

In several Asian countries, sedition and terrorism charges have been used as a legal weapon to deny, rather than protect, people’s rights. In this case, if Nasheed is convicted under sedition or terrorism against the State, it will legitimize the use of the judicial system in the Maldives as a means to silence public dissent and further intimidate the Maldives’ civil sector.

We therefore request your urgent intervention in this matter. Please write a letter to the Government of Maldives to immediately and unconditionally release Mohammed Nasheed and those detained.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

The victim: Mohammed Nasheed, chairperson of the Maldivian Democratic Party (MDP)
Date of the incident: From 12 August 2005 until now
Place of detention: the Dhoonidhoo Detention Facility
Case status: The victim has been charged with terrorism and sedition and allegedly tortured during his detention. No fair trial is expected and if he is convicted, he may face life imprisonment

Case details:

On 12 August 2004, about 5,000 Maldives people held a peaceful demonstration calling for genuine democracy and the release of political prisoners. The demonstration, however, was brutally cracked down upon by the government. To commemorate this incident, on 12 August 2005, along with several other people, Mohamed Nasheed, the chairperson of the Maldivian Democratic Party (MDP), held a silent sit-in vigil in Male’s main square where last year’s incident occurred.  However, the police came to the place and assaulted the protesters, dragged them away and took them into custody. Nasheed’s wife reportedly was also assaulted by the police and arrested but she was released later. Nasheed is a vocal critic of President Maumoon Abdul Gayoom, Asia’s longest-serving ruler.

Nasheed was charged with sedition and terrorism under Clause 24 of the Penal Code and terrorism act on August 22. He was accused of trying to overthrow the government and high treason. The chief government spokesman, Mohammed Shareef reportedly said that in July 2005 Nasheed remarked that, “Unless the president holds elections or steps down, he will have to face the consequences… a violent overthrow.” At the time of his arrest, however, the government had said Nasheed was being held for his own safety and to help disperse the 600-strong crowd.

When contacted, MDP headquarters in Male told a staff of the AHRC that the Maldives government did not inform either them or his family the exact reason for Nasheed’s arrest for 10 days and then suddenly charged him with sedition and terrorism under very suspicious circumstances. The MDP claims that Nasheed has never spoken publicly or otherwise of an attempt to overthrow the government violently. The MDP spokesman in Male also alleged that the government charged Nasheed simply based on a statement of a person who claimed that Nasheed told him “privately” about his alleged offense.

If the court convicts Nasheed, he can be sentenced to a minimum of two years imprisonment or a maximum of life imprisonment. The MDP also said that there is a great possibility that Nasheed will be denied the right to fair trial. In the Maldives, the judiciary is in the hands of the president. To illustrate, the judgement of the High Court can be overturned by the Judicial Review Committee, whose members are appointed by the President. For this reason, lawyers within the country are reluctant to handle the political and human rights cases as effective remedies and protection are non existent.

Nasheed is currently detained in the Dhoonidoo Detention Facility. Some of Nacheed’s family members were allowed to visit him at the discretion of the police. According to It has been reported that Nasheed’s wife went to meet him and stated that her husband has been tortured while in detention and needs medical attention.

Meanwhile, a large number of people outraged at Nasheed’s arrest protested in Male for two days on August 12-13, before the police arbitrarily arrested and detained them. At least 100 people are still being held without charge. The exact number of the detainees is unknown as people are constantly being arrested, detained and then released. Their whereabouts are mostly unknown.

The AHRC is deeply concerned by the arrest of Mohammed Nasheed and other democratic supporters. We are particularly concerned that offences such as sedition and terrorism, which are referred to with ambiguity, have allowed the government to use the law as a legal weapon to deny, rather than protect, people’s rights. If Nasheed is convicted under sedition and terrorism against the State, it will legitimize the use of the judicial system in the Maldives as a means to silence public dissent and further intimidate the Maldives’ civil sector.

BACKGROUND INFORMATION:

The Maldives has been ruled by President Maumoon Abdul Gayoom as a one-party state since 1978. Despite fundamental rights being guaranteed in the national constitution, the government has so far resisted popular aspirations for genuine expression of these rights. However, last year Gayoom promised a raft of political reforms in the face of international criticism for a heavy-handed crackdown on thousands of protesters demanding constitutional reform and his resignation. The Maldives allowed the formation of political parties, which were effectively banned under the constitution, in June 2005. But there is still no sign of multi-party elections in the country and Gayoom’s trusted aides continue to run the government.

SUGGESTED ACTION:
Please write a letter to the people listed below and urge them to immediately and unconditionally release Mohammed Nasheed and other detainees.

To support this case, please click here: SEND APPEAL LETTER