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 DO  EXCLUSIVE
Members Appeal to the High Court of Maldives regarding the refusal of the Criminal Court to hear the case


Mariyam Mohamed, Male’, 29th July 2004  


 
Honourable Members of the Peoples' Special Majlis, Ahmed Shafeeq, Dr. Hussain Rasheed Hassan and Ilyas Hussain Ibrahim submitted the case to the High Court of the Maldives
 
Honourable Members of the Peoples' Special Majlis Mr. Ilyas Hussain and Mr. Ibrahim Sobir, Asst. Executive Director of the High Court

Members of the Special Majlis of the Maldives (Parliament) are trying desperately to launch a lawsuit against the incumbent Speaker of the Majlis and Atolls Minister, Abdulla Hameed, President Gayyoom’s brother.

An appeal was submitted to the High Court of the Maldives today to find a way to hear the case either in Criminal Court or for instructions on which court to submit the case. It is clear that a crime, specified in the constitution such as 'High Treason' must be allowed to be heard in some court in the Maldives. The appeal was submitted by Special Majlis Member Ahmed Shafeeq.

The case [attempting to undermine the constitution of the Maldives] was initially filed at the Criminal Court of the Maldives on 20th July by 3 members of the Special Majlis who were amongst the members who walked out of the first session on 19th July in protest of the unconstitutional conduct of the temporary speaker Hameed.  

The charge is for High treason Under Article 12 (1) of the Constitution of the Maldives “Any person who, by the threat or use of force or in violation of the Constitution, abrogates or attempts to abrogate the Constitution or attempts to undermine the Constitution or conspires to commit any of the said acts shall be guilty of high treason”.

To the dismay of the members however, in a statement by the Criminal Court of the Maldives, Gayyoom’s government 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 on 21st July and a subsequent letter sent to the members from the Criminal Court said that the Criminal Court only conducts cases filed after investigation and only those brought by the State Attorney Generals’ office.

These members are determined to find justice and to uphold the constitution of the Maldives


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