Ashaab

Prisoners Including Ziya Abbas Were Pardoned On Eve Of New Constitution

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President Maumoon Abdul Gayoom has pardoned 68 convicts including his wife’s nephew Ziya Abbas and Ahmed Moosa (Jordan), who had both been jailed on terrorism charges, the Ministry of Home Affairs confirmed on Thursday.

The Wednesday pardons—which include a number of people sentenced to jail, banishment and house arrest—came one day before the president ratified a new constitution which severely limits the his powers of pardon.

Deputy Home Minister Dr. Abdulla Waheed said he does not know the offences on which the pardoned prisoners had been convicted, saying: “I did not have time to review the lists. We just got them last night.”

Ziya’s co- accused Abdullah Alexander, Ikleel Ibrahim (Ikul) and Abdullah Shabeer still remain in custody, the ministry confirmed.

Pardons

As head of the judiciary, Gayoom previously had the authority to issue pardons as well as overturn the High Court’s decisions under the old constitution. He appears to have taken final advantage of this power with Wednesday night’s pardons.

The pardons are issued after a committee under the President’s Office “reviews prisoners from time to time based on good discipline,” says Dr. Waheed.

But under the new constitution, which introduces an independent judiciary as part of separation of powers, this is set to change.

Hussein Shameem, Deputy Director at the Attorney General’s Office, said: “The President’s right to pardon is [now] very limited.”

Only criminals who have “exhausted all legal options” – including the new, independent supreme court now due to come into being – and have served a part of their sentences may now be pardoned.

Reactions

Malé MP and Social Liberal party presidential candidate Ibrahim Ismail, who played a prominent role in drafting the new constitution, said: “I think it’s something he should do,” given “draconian” sentences handed out in the past.

But he questioned the fairness of the process, saying he would query whether “there was due discussion in deciding who to pardon.”

Presidential candidate for the opposition Maldivian Democratic Party (MDP) Mohamed Nasheed (Anni) said: “The judiciary when that happened [charges of terrorism against Ziya Abbas and Ahmed Moosa] were not up to any standards at all. In that sense, the process of pardoning is part of the process of justice.”

The MDP has seen numerous members jailed, and has campaigned against politically motivated arrests.

Terrorism Convictions

Ziya Abbas and Ahmed Moosa are among six people charged with terrorism in relation to riots that occurred in 2003 after the torture and death of Evan Naseem, 19, at the hands of prison guards.

Anni welcomed Ziya’s release, saying: “He is so much a part of the reform process, I am grateful and happy he is released.”

Co-accused Jennifer Latheef was also pardoned in 2006 less than a year into her sentence, following an international outcry. Amnesty International had declared her a Prisoner of Conscience.

The reason why the other three continue to be in custody remains unclear, with reports they may be serving other sentences in addition to the terrorism charges.

Equal Treatment

Shahindha Ismail, co-ordinator of local NGO Maldivian Detainee Network called for remaining three prisoners’ terrorism charges to be commuted. “They were all sentenced on the same charges; they should all be treated equally,” she said.

“If they have committed other crimes, then they should be tried and kept in custody only over those,” she added.

Ziya had been charged with terrorism for allegedly encouraging people to commit arson and setting fire to the Indira Gandhi Memorial Hospital.

But the government allowed Ziya to travel to the UK in 2004 for health reasons, sparking allegations he was offered preferential treatment because he is the nephew of Gayoom’s wife, Nasreena Ibrahim.

On his return to Maldives in 2007, he was handed a ten year jail sentence in absentia.

A new report by the Asian Centre for Human Rights (ACHR), issued last week, finds the Maldivian judiciary to have been the second worst in South Asia during 2007, noting: “Independence of the judiciary remains Maldives’ weakest point.”

“A number of people were imprisoned without due process - there has been a lot of injustice in the courts,” Ibra says.