Collusion of State institutions and the executive to destroy judicial independence in the Maldives
- May 6, 2025
We are alarmed by the recent steps taken by the Judicial Service Commission (JSC) and the Muizzu Government that severely undermine judicial independence in the Maldives. On 4 May, the Judicial Service Commission (JSC) dismissed two Supreme Court judges, Dr Azmiralda Zahir and Mahaz Ali Zahir. A parliamentary committee (Judiciary Committee) at the People’s Majlis (parliament) is mandated to review all JSC decisions.[1] These actions were taken to prevent the three judges from hearing a challenge to the hastily adopted anti-defection bill.[2] Again, the JSC was instrumentalised by politicians to achieve political ends with complete impunity.
We call on the Majlis committee to afford the judges the right of reply and openly hold the JSC to account for its politicised decisions.
The acts of overreach by the legislature, the executive and the JSC began on 25 February with the move to amend the Judicature Act to reduce the size of the Supreme Court bench. The JSC then abruptly suspended the three Supreme Court judges on 26 February. On 4 March, Husnu Al Suood announced his resignation from the bench in protest of alleged State intimidation of the judiciary. One of the three Supreme Court judges filed a complaint at the Judiciary Committee, citing JSC’s procedural irregularities. To date, the parliament has not addressed this complaint. The JSC severely limited the Supreme Court judges’ right to legal representation and right of reply, while wholly disregarding evidence submitted in their defence.
We believe that these actions are in violation of the Constitution of the Maldives and international norms and obligations of due process. A judge can only be suspended or dismissed if there are findings of serious misconduct or incompetence through an impartial investigation.
The actions taken by those institutions concerning the Supreme Court judges demonstrate an apparent lack of procedural proprietary, fairness and due process. The international community must hold these institutions to account for these grave threats to the independence of judges. Political interference with the judiciary signifies a dangerous rollback of the commitment to democracy, good governance and the rule of law. A strong, independent and accountable judicial system is an essential pillar of democracy and a safeguard for the human rights of all Maldivians.
[1] According to the Section 121(i) of the Standing Order of the 20th (Peoples’) Majlis (parliament), the Judiciary Committee of the Majlis must review the decision(s) of the JSC before the Majlis Parliament can take a vote on the matter as per Article 154 of the Constitution.
[2] This was done through a Constitutional Amendment of Article 73 in November 2024 which stipulates that Members of Parliament changing political affiliation must be removed from office.