LAWASIA urges Maldives to hold off dismissal of top court judges until JSC addresses concerns

The Law Association for Asia and the Pacific (LAWASIA) has called on the Maldivian government to hold off the dismissal of Supreme Court justices Dr. Azmiralda Zahir and Mahaz Ali Zahir until the Judicial Service Commission (JSC) addresses serious concerns regarding adherence to due process and procedural fairness in the disciplinary proceedings against them.

On February 26, Azmiralda, Mahaz and then-Supreme Court justice Husnu Al-Suood were suspended by the JSC, citing an ongoing investigation by the against them by the Anti-Corruption Commission (ACC). All three were hearing a case challenging the controversial move by the ruling People’s National Congress (PNC) – who hold a supermajority in the Parliament - to write anti-defection clauses into the Maldivian constitution.

Suood resigned from the top court in protest of JSC’s decision, and the commission later opened misconduct cases against Azmiralda and Mahaz, accusing them of conspiring to influence the Criminal Court judges.

On May 4, the JSC asked the Parliament to approve their dismissal. The Judiciary Committee, which reviewed the recommendation, decided on Saturday to deny Azmiralda and Mahaz the chance to defend themselves against the allegations against them. The next day, the committee voted in favor of their dismissal in a closed-door meeting that was boycotted by members of the main opposition Maldivian Democratic Party (MDP). The Parliament is expected to take a floor vote on the matter soon.

In a statement on Monday, LAWASIA joined the Commonwealth Law Association as well as the Bar Council of Maldives in expressing grave concern over the move to dismiss Azmiralda and Mahaz – both of whom claim that the allegations against them are baseless and that the investigations by the JSC were tainted by the denial of due process to them.

LAWASIA expressed concern that the JSC’s recommendation to dismiss Azmiralda and Mahaz followed reports that that their counsels were not being given the opportunity to speak at the disciplinary proceedings conducted by the commission and had initially not even been informed of the exact allegation of misconduct.

They also expressed concern over the subsequent decision by the Judiciary Committee to deny the justices the chance to speak in their defense before the committee made its decision.

“The lack of transparency by the JSC has drawn significant concern with respect to the adherence to due process and procedural fairness,” said LAWASIA. “Such actions, if true, would call into question Maldives’ commitment to the rule of law and the independence of the judiciary.”

LAWASIA called upon the Maldivian government to:

• Refrain from proceeding with the matter till the time the concerns raised by the Bar Council of Maldives in its statement are addressed;
• Ensure transparency and adherence to due process in relation to any proposed actions against serving judges including justices on the Supreme Court; and
• Ensure that the procedure adopted for the removal of judges is credible and comports to essential features of fairness including granting a full and effective hearing.

The case against the Supreme Court justices stem from the allegation that they exerted their influence over the Criminal Court to secure the release of Azmiralda’s husband, Dr. Ismail Latheef, an anesthesiologist, who was arrested during a police raid on a massage parlor in Male’. However, Criminal Court judge Ibrahim Zihunee’s statement to JSC shows Mahaz had called him after Latheef was already released from police custody.

Meanwhile, the then-assistant registrar of High Court, Hussain Mohamed Haneef, who testified against Azmiralda and Mahaz at the JSC, was recently appointed to a senior position at state-run utility company, Fenaka Corporation.

Suood, Azmiralda and Mahaz' suspension by the JSC on February 26 had come less than one hour ahead of a hearing scheduled at the Supreme Court regarding a request for an injunction to suspend the enforcement of controversial anti-defection clauses that were written into the Constitution last year. It also came shortly after the ruling PNC used its supermajority in the Parliament to push through amendments to the Judicature Act to downsize the Supreme Court bench from seven to five justices.

Meanwhile, the ACC has declined to provide any information regarding the their criminal investigation against the trio, which had triggered their suspension in the first place.

The JSC has come under fire from both local and international organizations over its decision to push for the dismissal of the Supreme Court justices.

President Dr. Mohamed Muizzu’s administration has been accused of deliberately undermining the country’s judicial independence. But he denied these allegations in a press briefing on May 3, describing the events that fueled the allegations as mere “coincidences.”