:: Dhivehi Observer :: Peoples Press ::

DO EXCLUSIVE
Gayyoom rejects lawsuit against his brother on the charge of high treason

Mariyam Mohamed, Male’, 21^st July 2004

Honourable Members of the Peoples' Special Majlis at the counter of the Criminal Court submitting the lawsuit yesterday.

Thousands of Maldivians gathered near the Presidents' Office and the Parliament House in support of the Members who staged the protest 0n 19th July 2004. As always Gayyoom showed his military muscle.

In a statement by the Criminal Court of the Maldives, Gayyoom has refused to even accept the case charging his brother Abdulla Hameed of high treason for attempting to undermine the Constitution of the Maldives. A press release today said that the Criminal Court only conducts cases filed after investigation and only those brought by the State Attorney Generals’ office. The case of undermining the constitution of the Maldives was brought up by the distinguished Honourable Members of the Special Majlis is dismissed by Gayyoom’s government as a simple ‘systematic problem’.

Yesterday, several Parliament Members of the Maldives filed a lawsuit to the Criminal Court of the Maldives, charging the Speaker of the Majlis Abdulla Hameed with High Treason for attempting to undermine the Constitution of the Country whilst temporarily chairing the first assembly of the People’s Special Majlis held on 19^th July 2004.

The Exclusive Report by Dhivehi Observer yesterday made the Government of Maldives react. However the statement released today by the Criminal Court can only be described as total disregard for the rule of law and more importantly an absolute disgrace to humanity.

Following Press Statement (translated) by the Criminal Court was released today apparently to explain that the case could not even be filed, let alone conduct a trial. What is also worth mentioning is that this press release was announced by the state owned Television Maldives but only in the Dhivehi new bulletin and nothing in the English bulletin, which is an indication that Gayyoom is very apprehensive about this kind of news being spread to the world media.

Gayyooms' illicit activities such as this which shows no regard for the Constitution of the Maldives is the prime example of his total disregard for the rule of law in the Maldives. When it comes to him and his family, there is no law. As the Constitution of the Maldives clearly sets provisions for the case of High Treason in Article 12, and as it also have provisions for a Justice System in Article 4, it is only humane to think that there should be a court that can investigate and try such people for committing the biggest crime of all, High Treason. A Circular of the Ministry of Justice cannot nullify a constitutional right that we have as citizens of the Maldives.

Criminal Court
Male’
Maldives

Press Release

The People’s Special Majlis Members, Mulaku Atolls’ Mr. Ahmed Shafeeq, H. Radiant, Kolhumadulu Atoll’s Dr. Hussain Rasheed Hassan, South Ari Atolls’ Mr. Ilyas Hussain Ibrahim submitted 3 Case Submission Forms to the Criminal Court against Mr. Abdulla Hameed, H. Meenaz, who presided over the Peoples’ Special Majlis meeting held on 19^th July 2004 with regard to the ‘systematic’ problem that occurred. [not agreeing to allow a secret ballot to elect the President of the Majlis as well as not giving members the opportunity to nominate or discuss the credentials of the nominated candidates despite please from several members which resulted in 24 members of the 108 member council to walk out in protest and the meeting being subsequently postponed]. These 3 forms were brought in sealed envelopes. From amongst the 3, Dr. Hussain Rasheed Hassan gave the Forms to the counter and said to the staff that this is a Case Submission Form. The staff then opened the enveloped and found out that it had a Personal Case Submission Form. According to Circular 98/3 of the Ministry of Justice, cases to the Criminal Court can only be submitted after investigation and through the Attorney Generals’ Office. Therefore, they Criminal Court could not accept these forms but when the staff turned to inform them (the Members who brought the case forms) had already gone. There were other people who were also present at the court at this time.

The court will send a reply to those who submitted these forms to the court accordingly. In courts, the arrangement for submission of forms and letters is that answers to forms submitted before 9 am will before 12 noon the same day and if submitted after 9 am reply will be given the next day. All other letters will be replied within 3 days. Although this is the agreed general procedure for dealing with the cases submitted to the courts, the 7^th July 1998 circular 98/3 states that the Criminal Court can only accept cases by the State, the Criminal Court is exempted from replying under this procedure. We are stating this because some media organisations are exposing this case in a way that confuses the general public, and because the general public are discussing this issue in various ways without knowing the proper procedures.

21st July 2004

(Seal of the Criminal Court)