Hailam's Victory Day greeting is in violation of human dignity: Committee

Criminal Court Chief Justice Ahmed Hailam’s Victory Day greeting sent a Viber group, over which he has since been suspended, is in violation of human dignity as it unequivocally encourages inhuman and degrading treatment, says Parliament’s Human Rights and Gender Committee.

The committee released a statement on Saturday night, condemning the image shared by Hailam on a Viber group, stating that the use of the image which depicts “cruel, inhuman and degrading” treatment is punishable under the Anti-Torture Act.

As such, the committee cited the act reading that every human is “entitled to inherent dignity of the person”, to respect that dignity at all times and that the dignity of every human is “entitled to the protection of the law”.

It further reads that every person has the constitutional right to be protected from degradation of their inherent dignity.

Highlighting that torture and cruel, degrading treatment are acts of physical and psychological pain inflicted by a state official, the committee stated that officials must resist from any conduct that encourages or promotes “any form of violation” of the right to freedom from torture and inhuman, degrading treatment.

This “flagrant misconduct” by the suspended judge is also a violation of the UN Convention Against Torture and Cruel Inhuman Degrading Treatment and Punishment, said the committee, adding that it calls upon states to take measures to prevent such acts instigated by a state official.

Hailam was suspended for a period of 60 days on 5 November, following JSC’s investigations into a Victory Day message the judge had shared with a Viber group, which was leaked on social media.

JSC revealed that Hailam refused to turn up after a summon by the commission for questioning regarding the disrespectful message, for which Hailam has since apologized to President Ibrahim Mohamed Solih and Parliament Speaker and Former President Mohamed Nasheed, who are portrayed in the image shared, as cartoon figures, chained and being pulled by Victory Day martyr Corporal Hussain Adam along with several others.

In a letter addressed to the commission, Hailam stated that he had made the matter clear via a statement on Monday and that he does not believe he should share more details regarding it, with the commission. JSC suspended the judge after deeming the reason he gave, inexcusable.

In his apology, Hailam asserted that he was “not aware” Nasheed or the President was portrayed in the image shared, and maintained that he had only shared it after seeing Abdulla Luthufee, the mastermind behind the 1988 coup, at the front of the line.

Following his suspension, the verdict hearing in former President Abdulla Yameen’s money-laundering trial was also cancelled. JSC added that it believes if Hailam were to preside over former’s case, it will obstruct the judicial proceeding of the case. The verdict hearing has since been set to 17 November.

Hailam is accused of issuing verdicts in favor of senior officials of the former administration of ex-President Abdulla Yameen, with incumbent government officials maintaining that he had received bribe money to issue a verdict in Yameen’s favor in the money-laundering trial against him.

JSC has launched an additional probe into the suspended judge over reports of him having received funds from former lawmaker Alhan Fahmy.