Nasheed,Tholhath responsible for Judge Abdulla's arrest: HRCM

The 30 page report published by the HRCM yesterday following its investigation of the matter stated that their investigation proves that Judge Abdulla Mohamed had been arrested on January 16 and kept detained at Kaafu Atoll Girifushi for 22 days in violation of international conventions and regulations on human rights. The report also states that though the Judge had not been physically harmed the former government had attempted through a psychologist that was sent to visit the Judge to force him to do certain things including removing him from his post and forcing him to migrate abroad. “Evidence from the investigation shows that the highest authorities responsible for the arrest and detaining Judge Abdulla at Girifushi and depriving him of fundamental human rights are former President Mohamed Nasheed and former Minister of Defence and National Security Tholhath Ibrahim Kaleyfaanu who had issued orders to the Maldives National Defence Force (MNDF) whilst serving under Nasheed. And it can also be concluded that given the operation had been carried out by the Maldives National Defence Force, the commission believes that the Chief of Defence Force Moosa Ali Jaleel is also responsible for the inhumanity that took place. Furthermore the investigation concluded that those had issued unconstitutional orders and those who obeyed these orders are also responsible for the violation of human rights to various degrees,” the statement read. It was stated in the report that following the arrest of Judge Abdulla by the Police and MNDF the commission had tried to find out his location by contacting the then President Nasheed and Defence Minister Tholhath and other government officials but that the commission was only able to find out where he was 48 hours after his arrest. The report stated that HRCM had attempted to free the Judge by meeting with government officials and issuing statements to relevant ministries but that the government had paid no heed and that when a team from HRCM had gone to Girifushi on January 19 to meet the Judge they had not been allowed on the island. It also read that the Home Ministry had also failed to cooperate with the commission. HRCM had included several Articles and clauses from international conventions and the constitution to back its claim that Judge Abdulla Mohamed had been arrested in violation of the constitution and human rights and that the report proves that even the Police and MNDF had acted in violation of the constitution. The report highlights former Defence Minister Tholhath claiming that the government must take responsibility for arresting the Judge as it was done as a matter of national security and that no officer should have to take responsibility. The report also quotes a senior officer of MNDF claiming that President Nasheed had also said that he will take responsibility. The report alleges that former Defence Minister Tholhath had been behind sending a psychologist to see the Judge and proposing to send the Judge and his family to live abroad. It is revealed in the report that during Judge Abdulla Mohamed’s time in Girifushi he had met with a team representing Nasheed twice and proposed to set him free on certain conditions including asking him to leave his job. “It is apparent to the investigation that President Nasheed had not executed his responsibility as the President when Judge Abdulla had been arrested and kept under MNDF custody depriving him of several human rights,” the report states. The commission states that though the government had used the pretext of a threat to national security to arrest Abdulla Mohamed given that a meeting of the National Security Council had not been held it proves otherwise and that the investigation believes that the Judge had been arrested to influence the work he had been doing as Chief Judge. The commission had also provided suggestions to relevant authorities in tandem with the report. It was suggested to the Police Integrity Commission to investigate the role played by the Police in the illegal detainment of Judge Abdulla and to take related action. The commission had requested the Police and MNDF to screen potential employees and employees gaining promotions for human rights violations and also requested that MNDF investigate the role of the institution in the unconstitutional arrest of Judge Abdulla. In light of the report HRCM has requested that the Prosecutor General (PG) to review the report and take legal action towards those who are responsible for the Judge’s arrest. HRCM requested the Attorney General (AG) to set up terms and conditions for a Maldivian national to be considered a threat to national security, policies under which such an individual can be brought under the custody of the security forces and dealt with there on. HRCM also suggested necessitating parliamentary consent for members appointed by the President to positions in the national security forces with amendments to Police and MNDF Acts.
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