Maldives: Arbitrary removal of Supreme Court judges deeply concerning, UN expert warns

GENEVA (22 December 2014) – The United Nations Special Rapporteur on the independence of judges and lawyers, Gabriela Knaul, expressed today serious concern about the recent removal of former Supreme Court Chief Justice Ahmed Faiz and Judge Muthasim Adnan.

The removal of the two justices was approved by the People’s Majlis on 14 December, three days after the enactment of the First Amendment to the Judicature Act, which brought the number of Supreme Court judges down from seven to five.

“The procedure followed for the removal of the two Supreme Court judges by the Judicial Service Commission was characterized by lack of transparency and due process,” Ms. Knaul said. “The fact that the grounds for removal were not publicized is particularly unacceptable.”

“This decision seriously undermines the independence of the judiciary in the country and will have a chilling effect on the work of the judiciary at all levels,” the human rights expert stressed.

The Special Rapporteur recalled that judges can only be removed for reasons of incapacity or behaviour that renders them unfit to discharge their duties after a fair procedure subject to independent review. “International human rights standards are clear,” she noted.

“Article 154 of the Constitution of the Maldives itself states that a judge may be removed from office only if the Judicial Service Commission finds the person grossly incompetent, or guilty of gross misconduct,” Ms. Knaul added.

“Since my visit to the Maldives in February 2013 I have been closely following a series of developments in the country that point at a serious deterioration of respect for the rule of law and the independence of the judiciary,” she warned.

“I call upon the authorities of the Maldives to reconsider the removal of former Chief Justice Ahmed Faiz and Judge Muthasim Adnan and to engage in a transparent, impartial and independent process in line with its international human rights obligations and the recommendations I made in my report*”, the UN Special Rapporteur added.

(*) See the Special Rapporteur’s report on the Maldives: http://ap.ohchr.org/documents/dpage_e.aspx?si=A/HRC/23/43/Add.3

Gabriela Knaul took up her functions as UN Special Rapporteur on the independence of judges and lawyers on 1 August 2009. In that capacity, she acts independently from any Government or organization. Ms. Knaul has a long-standing experience as a judge in Brazil and is an expert in criminal justice and the administration of judicial systems. Learn more, log on to: http://www.ohchr.org/en/topics

The Special Rapporteurs are part of what is known as the Special Procedures of the Human Rights Council. Special Procedures, the largest body of independent experts in the UN Human Rights system, is the general name of the Council’s independent fact-finding and monitoring mechanisms that address either specific country situations or thematic issues in all parts of the world. Special Procedures’ experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. They are independent from any government or organization and serve in their individual capacity.

Check the UN Basic Principles on the Independence of the Judiciary: http://www.ohchr.org/en/instruments-mechanisms/instruments/basic-principles-independence-judiciary

UN Human Rights, Country Page – Maldives: http://www.ohchr.org/en/countries/maldives

For more information and media requests please contact Amanda Flores (+41 22 917 9186 / aflores@ohchr.org) or write to srindependencejl@ohchr.org

For media inquiries related to other UN independent experts:
Xabier Celaya, UN Human Rights – Media Unit (+ 41 22 917 9383 / xcelaya@ohchr.org)

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