Chief Justice: Stopping undue political influence vital for judicial independence

An independent judiciary cannot be established for as long as undue political influence exists, says Chief Justice Dr. Ahmed Abdulla Didi.

Speaking during the opening ceremony of the Judicial Conference on Judicial Independence and Reform at Dharubaaruge this Tuesday morning, the Chief Justice repeatedly stressed the need free the judiciary from political influence.

Referencing the address by the Chief Justice of UK, Nicholas Addison Phillips, Baron Phillips of Worth Matravers at the Commonwealth Law Conference in Nairobi, Kenya, in 2007, the Maldivian Chief Justice said that the judiciary cannot be independent for as long as political leaders attempt to control judges.

“The judiciary cannot gain true independence for as long as political parties and political leaders attempt to control courthouses, degrade courthouses and attempt to control judges. If contempt of court by senior State officials, attorneys and other such persons are protected and encouraged by the Executive Branch of the Government and the Legislative Branch of the Government, it impedes judicial reform and progress,” said the Chief Justice.

He said the privileged mentality of the powerful and influential who believe they are above the law, weakened the rule of law.

“If the heads of the State, senior officials, political leaders, the wealthy, and others who are powerful and influential operate based on the mentality of special privilege and impunity and believe they are above the law, it weakens the rule of law and will eventually lead to its disintegration,” he said.

The Chief Justice said the key to an independent judiciary was the establishment of a system through which educated, disciplined and honorable people are recruited to courthouses.

“There will be no judicial independence if the system includes politicians and is run for the benefit of political parties and leaders,” he said.

The Chief Justice, during his speech, highlighted the Latimer House Guidelines on Parliamentary Supremacy and Judicial Independence, and said the process of dismissal of judges must not be a political process.

He said that awarding institutions under the influence of political parties and political parties the authority to dismiss judges would lead to undue political influence over judges as well as create obstacles to execution of the duties of judges.

The Chief Justice said that judges, in addition to being independent, must also be financially secure enough not to depend on anyone else.