After finding the judicial proceedings in former President Mohamed Nasheed’s conviction ‘contained serious flaws’, the United Nation’s Human Rights Committee has called on the Maldives to restore his right to stand for office.
The Human Rights Committee oversees implementation by state parties of the International Covenant on Civil and Political Rights (ICCPR), to which the Maldives is also party to, as well as its Optional Protocol.
According to a report released on Monday, the decision was adopted by the Committee at its 122nd session from 12th March to 6th April. The finding of violations of human rights was made in response to two individual complaints by the former president, filed in 2013 and 2016.
According to the report, the Committee found that the judicial proceedings in Nasheed’s conviction were based on ‘vague legislation’ and contained ‘serious flaws’, adding that his right to a fair trial under the International Covenant on Civil and Political Rights (ICCPR) were violated as well.
Noting that resulting restrictions on Nasheed’s right to stand for office ‘violated his right to political participation under article 25 of the ICCPR (International Covenant on Civil and Political Rights,’ the UN body noted that “political rights can be suspended or restricted only in exceptional circumstances and under certain conditions”.
It added that “judicial proceedings that violate the right to fair trial render the resulting restriction of political rights arbitrary”.
Noting that the Maldives “is under obligation to provide [Nasheed] with an effective remedy”, the human rights group said that “this requires it to make full reparation to individuals whose Covenant rights have been violated”, directing the Maldives to “quash [Nasheed’s] conviction, review the charges against him taking into account the present views, and, if appropriate, conduct a new trial ensuing all fair trail guarantees”.
It further informed the Government of Maldives to “restore his right to stand for office, including the office of President,” adding that it is under the obligation “to take steps to avoid similar violations in the future, including reviewing its legislation to ensure that any restriction on the right to stand for office is reasonable and proportionate”.
In addition, the group asked the government to provide details on “the measures taken to give effect to the Committee’s views” within 180 days, further calling on the government “to publish the present views and disseminate them broadly in the official languages of the Maldives”.
Former President Nasheed was sentenced to 13 years in prison on 13th March 2015, after a trial that barely lasted 20 days.
UN high commissioner for human rights, Zeid Ra'ad Al Hussein had noted that the sentence was handed down in a “rushed process”, in a trial that “was marked by flagrant irregularities”.
