Intl body raises concerns over SC judges' dismissal

The International Bar Association’s Human Rights Institute (IBAHRI) on Monday expressed concern over the Judicial Service Commission’s (JSC) recommendation to dismiss Supreme Court Justices Dr Azmiralda Zahir and Mahaz Ali Zahir in the Maldives.

The Institute has cited procedural issues and potential executive influence as matters affecting the rule of law and judicial independence.

According to IBAHRI, the process leading to the justices' dismissal lacked adequate due process and raised concerns about interference in judicial functions.

Co-Chair Mark Stephens CBE urged the Government of the Maldives to halt the dismissal proceedings and to ensure that future judicial decisions adhere to principles of due process and independence. He stated that judicial protections serve as guarantees for the public to ensure impartial administration of justice.

Stephens further noted that removing justices without fair procedures may impact investor confidence. Citing research from the World Bank and Oxford University, he stated that foreign investment is often linked to strong adherence to the rule of law.

On 18 February 2025, the Supreme Court heard a constitutional challenge to anti-defection clauses. A week later, on 25 February, a bill was introduced in parliament to reduce the number of Supreme Court justices from seven to five. The bill was passed before the final hearing on the anti-defection case.

On the same day, Justices Dr Azmiralda Zahir and Mahaz Ali Zahir were suspended under Section 25(p) of the JSC Act, which allows for automatic suspension pending investigation by another body. In this instance, the Anti-Corruption Commission was conducting the investigation.

The JSC recommended dismissal on 4 May, and the Parliament voted in favour on 14 May 2025.

IBAHRI Co-Chair Hina Jilani stated that the removal of the justices without public hearings or opportunity to respond posed a risk to judicial independence. She called for a review of Section 25(p) of the JSC Act to include independent oversight and fair hearing procedures.

IBAHRI also noted that the judges’ legal representatives were reportedly denied the opportunity to speak during disciplinary proceedings and were not initially informed of the allegations. The organisation criticised the lack of a public hearing, pointing to the Maldives’ obligations under Article 14 of the International Covenant on Civil and Political Rights (ICCPR).

The Institute cited several international standards, including the United Nations Basic Principles on the Independence of the Judiciary and the Commonwealth (Latimer House) Principles, which underscore the need for security of tenure and independent disciplinary processes for judges.

On 25 May 2025, reports emerged that an investigation had been initiated against two other judges who opposed the dismissals. IBAHRI stated that such actions may deter judges from carrying out their duties without fear of reprisal.

IBAHRI concluded by urging the government of the Maldives to ensure that all actions concerning the judiciary align with international standards and constitutional obligations.