MDP slams deprivation of justices' rights, calls on govt to lift suspension

The main opposition Maldivian Democratic Party (MDP) on Wednesday accused the Maldivian administration of depriving the Supreme Court justices - who were suspended back in February – of their right to defend themselves.

Three Supreme Court justices were suspended by the Judicial Service Commission (JSC) on February 26 citing a criminal investigation against them by the Anti-Corruption Commission ACC; Dr. Azmiralda Zahir, Mahaz Ali Zahir and Husnu al-Suood.

Suood resigned from the Supreme Court on March 4 after raising serious allegations of government intimidation.

Their suspension came 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 People’s National Congress (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.

While the ACC has refused to disclose any information regarding the investigation, including to the justices themselves, the JSC later opened an inquiry into both Azmiralda and Mahaz regarding an allegation that they influenced the Criminal Court to secure the release of the former’s husband, Dr. Ismail Latheef, who was arrested in a raid on a massage parlor in December last year.

The allegation is denied by both Azmiralda and Mahaz.

In a statement on Wednesday, the MDP expressed concern over their continued suspension – a move the party alleges was staged by the government to “paralyze” the Supreme Court out of fear the court would rule in favor of the petitioner in the constitutional case.

The party said it views this as “a calculated move by the government to gain political control of the Supreme Court and, and a direct attack on the independence of the justice system.”

The MDP said that the manner in which the JSC established a special committee to investigate the “false allegations” lacks procedural fairness.

“We note with regret that the justices are deprived of the right to defend themselves, submit evidence and are being adequate legal representation. These are direct attacks at the justices, and amounts to clear violations of fundamental rights guaranteed by the Maldives Constitution and international standards.”

MDP said that the government’s actions encroaching on the independence of the judiciary – which is one of the three powers of the state – poses a direct threat to the democracy in Maldives.

The MDP called on the JSC and the government to “immediately cease the politically motivated investigations initiated against these justices and to immediately lift the suspension of these justices, uphold the independence of the judiciary and the rights and protections afforded to these justices under Maldivian Constitution and the laws of the Maldives.

The suspension of the Supreme Court justices has been raised by Suood with the United Nations and other international organizations including the Commonwealth and World Bank.

According to Suood, the Maldivian government has been instructed by the UN to provide its response to his complaints by June 2.