Court Sentences Man Over Attempt to Join Foreign War but Rules Sentence Served

The Criminal Court has convicted a Maldivian man for attempting to travel abroad to join a foreign war, though he will serve no further time in prison owing to extensive pre-trial detention.

Judge Aishath Nuzuha sentenced Ali Arham Mohamed, of R. Kandholhudhoo, to five years’ imprisonment under the Prevention of Terrorism Act after finding him guilty of attempting to participate in a foreign conflict with the Islamic State – Khorasan Province (IS-K).

However, court records noted that Arham had already spent five years, ten months, and 26 days in custody from the investigation phase through to sentencing, satisfying his custodial term under the Criminal Procedure Code.

According to the judgment, the prosecution linked Arham to a 2020 counter-terrorism investigation involving an extremist cell in Th. Thimarafushi. The group was accused of constructing an improvised explosive device (IED) aboard the vessel Nasaah-3 with the intention of endangering national security.

During a search of Arham’s apartment in Malé, authorities seized a mobile phone containing media supporting Islamic State (IS). Forensic analysis revealed searches regarding travel to Pakistan, local living costs, accommodation rates, and transit routes into IS-K territory. 

State prosecutors presented evidence showing that Arham travelled from R. Dhuvaafaru to the capital on 6 November 2020, obtained a passport, and attempted to depart the Maldives to join the foreign militant group.

While prosecutors sought the maximum statutory sentence of seven years citing the severity of the offense, the defence requested leniency on the grounds that Arham had no prior criminal record. 

In determining the five-year sentence, Judge Nuzuha noted that the offense constituted an attempt rather than a completed act, alongside Arham’s clean prior record and prolonged period in detention.

In a related charge regarding the possession of documents indicating support for a terrorist organisation, Arham received a sentence of two years, one month, and four days. 

Co-defendants Ali Muneez and Abdulla Imad were also sentenced on similar charges, though both were deemed to have served their terms through pre-trial detention. Three other co-defendants Abdulla Shareef, Shamah Shareef, and Ahsan Mohamed were acquitted of the possession charge due to insufficient evidence.

The court further cleared all six defendants Arham, Imad, Abdulla Shareef, Shamah Shareef, Ahsan Mohamed, and Ibrahim Looth of separate charges alleging a plot to carry out an act of terrorism, ruling that the prosecution failed to prove the allegations beyond reasonable doubt.