Human Rights Watch calls to lift Supreme Court judges' suspension

Human Rights Watch has called on the Maldivian government to lift the suspension of Supreme Court justices and stop its interference with judicial independence.

The statement was regarding the suspension of Supreme Court judges, Dr. Azmiralda Zahir, Husnu Suood and Mahaz Ali Zahir, who were all suspended just minutes before a hearing was due to convene in a case petitioning a state sponsored constitutional amendment on anti-defection.

Following the suspension, Husnu Suood resigned in protest, accusing the government of interfering with the judiciary, while the Judicial Service Commission (JSC) pursued investigations against the other two justices who remain suspended since Feburary 26.

In a statement, the organisation said "the Maldives government should immediately reinstate the three Supreme Court justices who were improperly suspended and cease other efforts to undermine judicial independence."

“Maldives judicial commission’s disciplinary actions raise grave concerns about improper interference by President Mohamed Muizzu in the functioning of the Supreme Court,” said Elaine Pearson, Asia director at Human Rights Watch.

“The Maldives cannot be a rights-respecting country so long as the courts are not able to independently rule on critical constitutional issues,” she also said.

The statement also mentioned that the judges, in March, issued a statement alleging that Attorney General Ahmed Usham had sent agents to threaten justices with misconduct proceedings before the commission, on which he sits, unless the Supreme Court dismissed the petition concerning the constitutional amendment.

It also highlighted that the judges' lawyers were not permitted to speak during the investigative proceedings by JSC.

"The commission has a history of politicisation, with successive governments using it to remove judges for political reasons. In 2018, then President Abdulla Yameen ordered the arrest and imprisonment of three judges as part of a broader effort to crush dissent in the country. While governments have pledged reforms, none has carried them out," Human Rights Watch said.

“President Muizzu should take immediate steps to ensure judicial independence and respect for human rights in the Maldives,” Pearson said.

“Donors and concerned countries should send the President a clear message to end these threats to the judiciary and the country’s democratic institutions," the statement concluded.

JSC is investigating two allegations against Azmiralda and Mahaz; calling Criminal Court judges and coercing them to release Azmiralda's husband from custody, and being present when Husnu Suood berated the assistant registrar of the High Court.

Both justices were made to appear before JSC regarding the allegation, and their statements were collected before the investigative committee sent their report to the commission. However, the committee's decision regarding the judges' fate is unknown.

The next phase of the investigation would allow the judges to respond, after which the commission would issue its final decision.

When the three judges were first suspended, it was claimed that there were active investigations against them at the Anti Corruption Commission (ACC). However, these allegations have not been revealed by ACC yet.