UN raises concerns over Maldives judicial independence after judges removal

The United Nations on Monday expressed concern over the state of judicial independence in the Maldives following the removal of two Supreme Court judges.

Judges Azmiralda Zahir and Mahaz Ali Zahir were removed from office by a parliamentary vote on the 14th of this month.

The decision followed recommendations by the Judicial Service Commission (JSC), which alleged that the judges attempted to influence the Criminal Court’s handling of the arrest and detention of Azmiralda’s husband, Ismail Latheef, a doctor at Indira Gandhi Memorial Hospital (IGMH). The incident involved Latheef being detained at a massage parlour.

In a statement, the UN Human Rights Office reiterated its concerns regarding the implications of the removals on judicial independence.

"Concerns have been raised with respect to the conduct of the proceedings against the judges. These developments followed the Supreme Court's hearing of a legal challenge to recent constitutional amendments affecting lawmakers' ability to cross party lines," the statement read.

"We remind the authorities of their commitment to maintain and protect an independent judiciary, in line with the Maldives' constitution and international human rights obligations. Checks and balances between the different branches of the State, including a strong and independent judiciary, play a vital role in ensuring fidelity to the rule of law by all branches of government and the effective protection of human rights."

Judges Mahaz and Azmiralda, along with former judge Husnu Suood, were suspended in February. Their suspension occurred shortly before the Supreme Court was scheduled to hear an interim order related to new constitutional provisions on parliamentary seat vacancies.

The case involves a constitutional amendment permitting the loss of a parliamentary seat upon expulsion from one’s political party. The case has been on hold for more than two months following the judges’ suspension.

According to the Courts Act, constitutional matters before the Supreme Court require a minimum bench of five judges. At the time of the suspensions, only four judges remained active on the Supreme Court bench. The composition of the bench can also be changed when a judge resigns or is removed from office.

The Commission later decided to remove Judges Mahaz and Azmiralda from their positions following allegations that they attempted to influence parliamentary decisions concerning the arrest and detention of Azmiralda’s husband, IGMH doctor Ismail Latheef, in connection with an incident at a massage parlour.