The lawyers of Jumhoory Party’s leader Qasim Ibrahim proclaimed that the strict conditions imposed on Qasim by the Criminal Court upon his release were unlawful as they deprive him of certain basic rights assured by the Constitution.
After 19 days in custody, Qasim was released Wednesday at the end of his second remand. The High Court had upheld his first remand of 15 days when it was appealed by his lawyers.
Some of his lawyers say that the conditions imposed upon his release contradict Subject 49 of the Constitution. They added that though Qasim is staying in his house, Maafannu Villa, he has not been fully granted freedom due to these constrictions.
The court has imposed several conditions for Qasim’s release, including:
- Cooperate with the investigation
- Obtain permission from Police before travelling out of capital Male
- Halt meetings and gatherings with people that incite dispute
- Refrain from tampering with evidence
- Refrain from making any statements that could incite dispute
- Halt use of his properties (namely Jumhoory Party’s main hub) to hold gatherings and activities that incite dispute
- Refrain from allowing others to use his properties to hold gatherings and activities that incite dispute
- Refrain from making any statements that evoke disquiet against the three powers and their leaders
The conditions will be in place for a period of 60 days.
Lawmaker of JP Ali Hussain claimed that during the appeal of Galolhu South MP Ahmed Mahloof’s case at the High Court, the court had decided that all conditions except those issued by the High Court in that specific case were against the Constitution.
These conditions noted in the case are the ones mentioned in Subject 9 of the remand regulation. These include obtaining permission before leaving Male, withholding permission of reaching a certain vicinity, conditioning to give signature to a certain institution and informing a change in address or phone number. These lawyers unanimously agree that no conditions can be made except for these four.
Ali Hussain added that the Constitution does not criminalize making comments regarding government top officials and, therefore, this right cannot be suppressed for Qasim.
He stressed that Qasim has been denied from freedom of expression and right to use property.
Furthermore, some other lawyers are claiming that Qasim was conditioned as such to halt the joint opposition’s reform works. They declared that the courts cannot deny the right to conduct political activities and right to protest.
Meanwhile, the trial against Qasim is still ongoing at Criminal Court for bribing lawmakers in relation to the no confidence motion against Parliament Speaker Abdulla Maseeh earlier this year.