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PPM says defense team prevented from meeting Yameen

Mohamed Rehan
23 July 2023, MVT 17:15
Former Maldives President Abdulla Yameen faces slim to none chance for an election bid with High Court trial's noticeable delays-- Photo: Mihaaru
Mohamed Rehan
23 July 2023, MVT 17:15

The main opposition party, Progressive Party of Maldives (PPM), has accused Maldives Correctional Service of preventing former President Abdulla Yameen's defense lawyers from meeting him.

According to PPM, officers from the Correctional Service denied access to Yameen's lawyers when the advocates declined to show a file they had in their possession to the officers.

PPM's spokesperson, Heena Waleed, sent a message to local media stating that Correctional Service had scheduled an attorney-client meeting for Yameen on Sunday, July 23. However, Yameen's lawyers were denied access to see him when they visited the prison. The denial occurred after the lawyers refused to show a file they had in their possession to the officers.

PPM alleged that Correctional Service denied Yameen's lawyers access to visit him on the instruction of Minister of Home Affairs Imran Abdulla.

“We strongly condemn [Correctional Service] for preventing Yameen’s lawyers from meeting him upon Minister Imran’s instructions,” Heena’s message to the media read.

In response, a media official from Correctional Service spoke with Mihaaru News stating that any document in possession of a visitor can be brought inside the prison after inspection, which the lawyers had refused.

A senior Correctional Service officer further said that its prison officers are required to inspect documents carried by lawyers when meeting their clients, to ensure that the documents are related to the defendant’s case.

The prison authority's refusal to allow Yameen's lawyers to meet him came amid PPM's attempts to nominate the imprisoned former president for the upcoming presidential election. The party has maintained that despite an ongoing sentence, its only candidate would be Yameen.

The Elections Commission earlier announced that the nomination window for candidates in the presidential election will be open from July 23 to August 7.

Obstruction to Attorney-Client meeting in breach of the law

The incident has drawn the attention of the Maldivian legal fraternity, with some expressing concerns over the denial of access to Yameen's lawyers.

Abdulla Shiyaz, one of the lawyers representing Yameen said that the documents shared or made in relation to the defendant’s case is protected under Article 38 of the Legal Profession Act, which enforces attorney-client privilege and confidentiality. Shiyaz added that under this article, prison officers cannot inspect such documents.

"The moment prison officers demanded from the lawyers to disclose the documents in order to meet the defendant, they had breached the Maldives Constitution," Shiyaz said.

While his defense team was barred from meeting Yameen, they have already filed a constitutional case with the aim of securing his eligibility for the upcoming election.

However, due to his 11-year prison sentence due to the money laundering and graft convictions related to the lease of Vaavu atoll Aarah, he lacks eligibility to contend in the election.

According to Article 109(f) of the Maldives Constitution, an eligible presidential candidate must “not have been convicted of a criminal offense and sentenced to a term of more than twelve months unless a period of three years has elapsed since his release or pardon for the offense for which he was sentenced.”

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