Maldives’ judicial independence under threat: Human Rights Watch
Human Rights Watch said that the Maldivian president needs to take urgent steps to respect judicial independence and human rights in the Maldives
The Supreme Court of Maldives
The Human Rights Watch has stated that the unfair suspension of three Supreme Court judges and other efforts to undermine judicial independence must be stopped.
Human Rights Watch made this statement in a press release issued by the organization. The press release stated that the three judges were given until 24 April 2025, to respond to the report issued by the Judicial Service Commission (JSC) to dismiss them from their positions.
Dr. Azmiralda Zahir, Mahaz Ali Zahir, and Husnu Al Suood were suspended and disciplinary action against them was initiated by the Judicial Service Commission (JSC) on February 26. The judges were suspended while they were hearing a case related to the constitutional amendment that proposes members would lose their seats if they leave or are expelled from the party they were elected from.
Asia Director at the Human Rights Watch Elaine Pearson, expressed deep concern that President Dr. Mohamed Muizzu has influenced the work of the Supreme Court through JSC’s disciplinary actions. She also stated that the Maldives will not be a country that respects rights if courts cannot rule independently on sensitive constitutional matters.
In a statement released in March, the judges accused Attorney General Ahmed Usham, alleging that he sent agents to intimidate them, saying that if the constitutional case in the Supreme Court was not dismissed, things would go badly for the judges when their case is heard at the JSC, where the Attorney General sits.
The Human Rights Watch statement also mentioned that the lawyers for the three judges were not given an opportunity to speak during the upcoming disciplinary proceedings, and that one judge resigned due to allegations that the president and Attorney General were using dismissal as a threat.
JSC is an independent and impartial institution established under the 2008 Constitution of the Maldives, with the power to investigate complaints related to the judiciary and take disciplinary action such as dismissal. Article 154 of the Constitution of the Republic of Maldives, states that a judge can be removed if the commission finds the judge to be "grossly incompetent" or if the judge is found to have committed serious offenses.
The Human Rights Watch statement said that the commission has a history of politicization, with subsequent governments using it to dismiss judges for political reasons. It noted that in 2018, then-president Abdulla Yameen Abdul Gayoom ordered the arrest and imprisonment of three judges. Human Rights Watch also said that while governments have made promises of reform, none have followed through.
The United Nations Basic Principles on the Independence of the Judiciary state that "judges shall be subject to suspension or removal only for reasons of incapacity or behavior that renders them unfit to discharge their duties." Charges against a judge "shall be processed expeditiously and fairly under an appropriate procedure. The judge shall have the right to a fair hearing."
Human Rights Watch said that the Maldivian president needs to take urgent steps to respect judicial independence and human rights in the Maldives, according to Pearson. Donor countries and concerned nations should send a clear message to the president regarding the ongoing threats to the judiciary and the country's democratic institutions, to help end the dangers facing the judiciary and the Maldives' democratic institutions.
