Kulhudhuffushi Dhekunu MP Mohamed Nasheed said today that the arrest of the Chief Judge of Criminal Court Abdulla Mohamed is a crime against humanity under international law, and that the international criminal court has the right to prosecute this case.
Nasheed described the arrest of Judge Abdulla by security forces as a crime of ‘enforced disappearance’, and a crime against humanity. Judge Abdulla has been arrested and denied his legal and basic rights, and forced to disappear from the system, according to Nasheed.
“Being forced to disappear from the system is ‘enforced disappearance’; this is recognized by international treaties as a crime against humanity. ‘Enforced disappearance’ is the state using its power to abduct an individual, and declining to disclose his exact location. Or even if his location is disclosed, to still hold him in custody and deprive him of his rights and protection guaranteed by the law. And the purpose of holding him in this manner, is to deprive him of the protection he is guaranteed by the law,” Former Legal Reform Minister and Lawyer said.
Nasheed further said that the Treaty of 2002 under which the international criminal court was created, has the authority to prosecute those accused in this case. Cases such as these are decided and described as crimes against humanity, and the fact that ‘enforced disappearance’ is imposed on a Judge means that he is denied the rights guaranteed to him even by the international treaties. “It is a deprivation of the rights guaranteed by international treaties, such as the civil and political rights treaty. It is an act for which no arguments or excuses can be made even under international law.”
Nasheed also said that ‘enforced disappearance’ is not acceptable even if the country was at war, in political turmoil or in any other dangerous state.
“There are people in this country who rape and abuse women. There are people who give birth and put their infants in jars and throw them in the trash yard. There are people who go out to the streets with knives and swords and cut and slice people up.
There are people who commit various serious crimes. They are all criminals, but they are guaranteed the protection of the law. They have the right to a lawyer. They can take matters to court and conduct fair and just hearings. They get the protection to carry out investigations in a dignified manner. They are treated within the principles and protection of the law,” Nasheed said.
According to Nasheed, no matter how big a crime Judge Abdulla is being accused of, the manner in which he was treated by depriving him of legal protection; that is, the manner in which he is currently being treated, means that this is a crime of ‘enforced disappearance’.