HRCM raises concerns over dismissal of Supreme Court judges
Justice Azmiralda, Justice Mahaz, and Husnu Suood who later resigned were suspended in February.
Top Stories
The Human Rights Commission of the Maldives (HRCM) on Tuesday raised concerns regarding the proposed dismissal of Supreme Court Justices Azmiralda Zahir and Mahaz Ali Zahir.
The Commission stated that the judges were being removed without being granted the opportunity to respond to the allegations against them.
The Judicial Service Commission (JSC) initiated the removal process following accusations that the judges influenced a decision by the Criminal Court concerning the arrest and detention of Dr Ismail Latheef, Azmiralda’s husband, in relation to an incident at a massage parlour. The Judiciary Committee of Parliament has also supported the decision to remove the two judges and sent its report to the parliament pending a vote.
In a statement issued Tuesday, the HRCM criticised the process by which the JSC conducted its investigation and highlighted concerns expressed by the United Nations Special Rapporteur on the Independence of Judges and Lawyers regarding the case.
The HRCM noted that the judges had requested an opportunity to respond to Parliament before any decision was made, but no such opportunity was provided. The statement also called attention to the lack of transparency in the Judiciary Committee's proceedings and suggested that the meetings should not have been held behind closed doors.
The HRCM raised the possibility that the dismissal of the judges may have affected ongoing constitutional proceedings. The case under question concerns an amendment that would result in the loss of parliamentary seats for members expelled from their political parties. The case had been scheduled for a hearing when the judges were suspended.
Justice Azmiralda, Justice Mahaz, and Husnu Suood who later resigned were suspended in February, just before the Supreme Court was due to hear a request for an interim order regarding the implementation of the new rules on parliamentary disqualification. The case has remained inactive for more than two months due to the lack of a full bench.
Following the suspension and resignation of the three judges, only four judges remain active on the Supreme Court bench. The Courts Act requires at least five judges to preside over constitutional cases. The HRCM also expressed concern over the recent decision by Parliament to reduce the number of Supreme Court judges from seven to five without any formal consultation with members of the judiciary or legal community.
The HRCM has communicated its concerns to the President’s Office and urged that Justices Azmiralda and Mahaz be allowed to respond before any final decision on their dismissal is made.
