Human Rights Watch calls for reinstatement of suspended SC judges

Human Rights Watch has urged the Maldives government to immediately reinstate three Supreme Court justices who were suspended earlier this year and to stop actions that undermine judicial independence.

In a statement issued Thursday, the rights group said the suspension of the justices — Dr. Azmiralda Zahir, Mahaz Ali Zahir, and Husnu Al Suood — by the Judicial Service Commission (JSC) raises serious concerns. Suood has since resigned.

“The Maldives government should immediately reinstate three Supreme Court justices who were improperly suspended and cease other efforts to undermine judicial independence,” Human Rights Watch said.

The JSC suspended the justices on February 26, and initiated disciplinary proceedings against them. The move came as the Supreme Court was preparing to rule on a petition challenging a constitutional amendment that would remove lawmakers from office if they left or were expelled from the party under which they were elected. The JSC submitted a report recommending dismissal on April 19 and scheduled a hearing to decide on the matter. The justices were given until April 24 to respond.

Elaine Pearson, Asia director at Human Rights Watch, said: “The Maldives judicial commission’s disciplinary actions raise grave concerns about improper interference by President Mohamed Muizzu in the functioning of the Supreme Court. The Maldives cannot be a rights-respecting country so long as the courts are not able to independently rule on critical constitutional issues.”

In March, the three justices released a statement alleging that the attorney general had sent agents to threaten them with misconduct proceedings unless the petition was dismissed. They also said their legal counsel was not allowed to speak during the proceedings. One justice later resigned, accusing the president and attorney general of using intimidation to force dismissals.

The 2008 constitution mandates that the JSC be an independent and impartial body responsible for investigating complaints against judges and taking disciplinary action. According to Article 154 of the Constitution, a judge can only be removed from office if found to be “grossly incompetent” or guilty of “gross misconduct.”

Human Rights Watch noted that successive Maldivian governments have used the JSC for political ends. In 2018, under President Abdulla Yameen, three justices were arrested and jailed as part of a broader crackdown on dissent.

Referencing international standards, Human Rights Watch cited the United Nations Basic Principles on the Independence of the Judiciary, which state that judges should only be suspended or removed “for reasons of incapacity or behaviour that renders them unfit to discharge their duties,” and that disciplinary proceedings must be fair and allow for a proper hearing.

“President Muizzu should take immediate steps to ensure judicial independence and respect for human rights in the Maldives,” said Pearson. “Donors and concerned countries should send the president a clear message to end these threats to the judiciary and the country’s democratic institutions.”