Former President Mohamed Nasheed’s legal team has issued a fresh appeal to President Abdullah Yameen to reduce Nasheed’s 13 year jail term.
Nasheed has been serving a 13 year jail term since March 13th, after Criminal Court found him guilty of the arbitrary arrest and detention of Criminal Court Judge Abdullah Mohamed in 2012. He is serving the sentence in K. Maafushi jail.
Nasheed’s legal team’s lawyer, Hassan Latheef said that they were waiting for the decision of President Yameen. He added that the legal team wished to see President Yameen taking their request seriously and announce a decision at an early time.
The law states that the President cannot reduce the jail term if convicted on terror charges. However, Nasheed’s lawyers state that the President can make an exemption to the rule under special considerations. They added that clause 29 subsection (c) of the Clemency Act grants the President power to do so, from a humanitarian point of view taking into consideration the prisoner’s medical condition and present status.
Hassan Latheef stated that this was clear evidence that the President can reduce the sentence at his discretion. He added that the clause talked of the “present situation” of the convict and not the crime he had been sentenced for.
He also stated that the President had to take initiative for such a reduction. Hassan said that even though his team had filed such a letter, which is not something they had to do.
Hassan stated that even though terrorism charges cannot be reduced, there were no restrictions for such a measure. He added that the legal team had not asked to pardon the sentence, but for a reduction.
He also stated that they have presented their case for freeing Nasheed from jail to President Yameen citing that many foreign parties had called for his release.
Hassan said that calling for a reduced sentence did not mean that the legal team had accepted the validity of the trial process. He said that as Nasheed was serving the sentence, it was vital that a reduced sentence was sought out.
He added that the international lawyers in Nasheed’s team had also agreed that a reduced sentence was vital. He added that the international lawyers had pressed for such a move with the understanding that Nasheed was a political figure. He added that the legal team would be pressing for a reduced sentence within the legal means.
He noted that the Attorney General himself had not stated that there were no restrictions barring a request for a reduced sentence.