President Nasheed is being denied his constitutionally-guaranteed right to an appeal, in the latest legal twist in his surprise trial for ‘terrorism’.
Since the start of the trial, President Nasheed’s legal team has tried, in vain, to appeal the Criminal Court’s decision to keep him in jail until the end of his trial.
The legal team first tried to file an appeal on Monday 23 February, but the Criminal Court refused to give the lawyers the necessary application form, citing administrative reasons.
The lawyers were finally able to submit the appeal on 24th February 2015.
However, until this day, the Criminal Court has failed to submit the documents to the High Court, where the appeal would be heard.
In a separate legal move, apparently aimed at undermining President Nasheed’s rights, the Supreme Court sent an ‘information note’ on 27 January, narrowing the appeals process. The note overturns the appeal procedure as prescribed under the Judicature Act.
The right to appeal and the right to legal representation are fundamental rights guaranteed by the Constitution of the Maldives.
Commenting on the matter, Maldivian Democratic Party (MDP) spokesperson Hamid Abdul Ghafoor said:
“The Criminal Court is deliberately obstructing efforts to lodge an appeal. The court’s behaviour is unlawful and unconstitutional.
“This trial becomes more ridiculous by the day. It is blatantly politically-motivated. This kangaroo court doesn’t even pretend to be impartial.”
President Nasheed’s trial is due to restart on Monday 2 March at 8 pm local time.
During the first hearing of President Nasheed’s surprise trial for ‘terrorism’, on Monday 23 February, his legal team was barred from entering court.
President Nasheed was also denied medical attention despite obvious injuries, sustained when police forcibly dragged him into court.
In the second hearing, held on Thursday 26 February, the bench refused to allow President Nasheed to sit next to – or near – his legal team, thus effectively denying him the right to legal counsel.