Day: September 25, 2013

Supreme Court hears closing statements in annulment case

The Supreme Court has concluded hearings in the case filed by resort tycoon and presidential hopeful Gasim Ibrahim’s Jumhoree Party (JP) against the Elections Commission (EC), requesting the apex court annul the first round of the presidential election.

Submitting his closing statement the JP lawyer and running mate of Gasim, Dr Hassan Saeed, told the Supreme Court that the party was seeking three remedies from the court.

The first remedy the party sought, explained Saeed, was for the Supreme Court to declare that the voters list used during the election had undermined the constitutional right of the citizens to cast their ballot.

The second request, he continued, was for the Supreme Court to declare that the EC had formulated the list in contradiction of the general election laws, as well as the prerequisites set forth in its own pre-election ruling.

This ruling in question ordered all relevant authorities ensure facilitation of a free and fair presidential election, with the EC remaining duty bound to address any possible errors regarding details on the voter registry.

The third and final request made was for the apex court to declare that the presidential election held on September 7 is void and invalid, Saeed told the seven-member Supreme Court bench.

Attorney General’s contribution

In summing up his case, Saeed said that the party’s allegations – including double voting, voting in the names of deceased people, and underage voting – had been given additional weight after being acknowledged by the Attorney General during hearings.

Saeed also repeated his criticism of the security features on the ballot paper, as well as the under-performing of the Ballot Progress Reporting System (BPRS) – a web based application used by the EC officials at polling stations.

Saeed stressed that the BPRS system’s failure had left polling stations prone to double voting.

Referring to the statements given by the JP’s witnesses, Saeed noted that the party had produced sufficient documentary evidence to substantiate its claims.

He explained that the JP – being a private party – did not have the same resources as a state institution, and therefore the evidence provided was intended to prove that the entire election process was a systematic failure rather than to prove individual cases of misconduct.

In the closing statement given by the Attorney General’s Office, the Solicitor General Ahmed Usham told the court that the state did not wish to take sides in the matter and had only intervened in the case to present the complaints that President Dr Mohamed Waheed Hassan had received through government agencies.

Meanwhile Ahmed Zaneen Adam, representing the PPM – which had also intervened into the case, told the court that it was imperative it uphold the rights of the people to elect their ruler.

He said that issues concerning the elections had caused doubts among the public regarding the sincerity of the EC.

Zaneen followed Saeed in reiterating the JP’s request that court annul the first round of elections and call for a fresh presidential election with the discrepancies amended.

Election Commission’s closing remarks

Responding to the remarks made by Saeed, EC lawyer Hussain Siraj stressed to the court that the JP had not been able to prove any of their allegations against the commission.

Siraj also requested the court distinguish between procedural irregularity and substantive irregularity in deciding the case. He argued that Saeed’s allegations, even if proven to have happened, would indicate only procedural irregularity rather than a substantive irregularity.

This would be insufficient grounds to annul the election, argued Siraj.

The EC lawyer also responded to the claims made in the JP’s closing statements, but was frequently interrupted by the judges – most notably the former Chief Justice Abdulla Saeed, whose name had appeared on the injunction ordering the run-off’s postponement. Abdulla Saeed requested Siraj to shorten his speech.

The EC lawyer, in his plea to the court, requested that it rule there were no reasonable grounds to declare the voters list invalid and thereby there were no reasonable grounds to void the September 7 elections.

In concluding the hearing, the Chief Justice Ahmed Faiz announced that unless the court required clarifying matters from the parties, it will issue a verdict at the next hearing.

However, shortly after the hearing concluded, an additional case requesting the court delay the run-off was filed by Dr Mohamed Jameel Ahmed – running mate of PPM presidential candidate Abdulla Yameen.

A member of EC’s legal team told Minivan News that a hearing of Jameel’s case against the EC had been scheduled for Thursday at 2:00pm.

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Police appeal for public assistance in locating man wanted by Civil Court

Police have asked for public assistance in locating a person identified as Mohamed Abdul Latheef of Madhadhu house in Villimale’, to present him before the Civil Court.

In a statement police said Latheef had ignored several summon chits sent to him by the Civil Court and that the court has ordered police to bring him to court under police charge.

Police asked anyone who knows Latheef’s whereabouts contact police custodial at 9991442 or police headquarters at 3322111.

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Man arrested for molesting a minor

Police have arrested a man on the island of Feydhoo in Shaviyani Atoll on charges of molesting a male minor.

The arrest was confirmed to media by the police but no further information was provided.

A council member of the island told local newspapers that the man arrested was a duty officer at the island’s power house.

According to the council member the parents first complained about the abuse to the council, who reported it to police.

The council member said the incident occurred last Sunday [23 September].

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Indian naval ships to arrive in Male for training

Indian Naval Ship, INS Sharda and Coast Guard Ship, ICGS Varuna, will arrive in Male’ harbour tomorrow for training purposes, according to a statement from the Indian High Commission in Male’.

“INS Sharda is the sixth of the Offshore Patrol Vessels (OPV) acquired by the Indian Navy and the third to be indigenously built. INS Sharda is a versatile platform capable of undertaking a wide variety of missions such as coastal and offshore patrolling, protection of off shore installation/ EEZ, Sea Lines of Communication (SLOC) Monitoring and providing Logistics Support to the littoral territories of India in the Arabian Sea,” read a statement from the High Commission.

“ICGS Varuna is a multi-role vessel capable of operating under all weather conditions. Equipped with state of the art Navigation and Communication aids, armed with 2A42 30mm Medak Gun and empowered by an integral flight of Chetak helicopter, she is capable of meeting all the challenges while enforcing maritime regulations in the Indian Exclusive Economic Zone (EEZ),” the statement continued.

During the visit, the ships will also be carrying spares and equipment for the Maldives National Defence Force (MNDF)’s Advanced Light Helicopter, Dhruv’, renamed “Kurangi”, which is stationed in Addu.

“The helicopter was gifted by the Indian Government to the MNDF in 2010 and is operated by an Indian Coast Guard contingent, denotes the robust military cooperation between the two nations,” the statement concluded.

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Nasheed calls for tourism workers to strike should election be delayed

Former President and Maldivian Democratic Party (MDP) presidential candidate Mohamed Nasheed has called on tourism workers to strike, should run-off elections scheduled for September 28 be delayed.

Following Nasheed’s appeal, the Maldives Association for Tourism Industries (MATI) issued a statement warning of “irreparable consequences” to the Maldivian economy unless the election is expedited.

“It is absolutely important to expedite the election and settle the issue or else there would be irreparable consequences to the Maldives, and especially to tourism which is the back bone of the economy. Therefore, it is important for everyone to see the importance of this in the interest of the country at large,” said MATI Chairman M.U. Manik, one of pioneers of the country’s 40 year-old tourism industry.

The Supreme Court ordered the Elections Commission (EC) on Monday to indefinitely postpone run-off polls until it issues a verdict in an ongoing case filed by the Jumhooree Party, which placed third and is now seeking to annul the vote.

Nasheed emerged as the front runner in the first round of the polls with 45.45 percent (95,224 votes), followed by Progressive Party of Maldives (PPM) candidate Abdulla Yameen who received 25.35 percent (53,099 votes). JP candidate and resort tycoon Gasim Ibrahim narrowly missed out on the run-off with 24.07 percent (50,422), and contested the results at the Supreme Court alleging electoral fraud despite unanimous positive assessments of polls by local and international election observers.

“I call on tourist workers to strike if there is no election on Saturday. For everyone to strike. There is an election scheduled on Saturday – whether that election happens or not is in one sense in your hands and mine,” Nasheed told tourism workers, at an event on Monday evening to explain the party’s manifesto.

Secretary General of the Tourism Employees Association of the Maldives (TEAM), Mauroof Zakir, told Minivan News the organisation was holding discussions on whether to endorse Nasheed’s call.

“We are discussing whether TEAM as an organisation will back [Nasheed’s] call or leave it up to individual resort workers. We have to think about the consequences on employees’ jobs. Many resort workers are calling us and are saying they are willing to go on strike, but in such a way that resorts continue to operate,” Mauroof said.

The tourism industry is indirectly responsible for upwards of 70 percent of the Maldives’ GDP, and a substantial majority of Maldivian resort workers support the MDP.

Results from resort ballot boxes in the first round revealed overwhelming support for the party, even at many properties owned by Nasheed’s political opponents such as Vice President Waheed Deen’s Bandos Island Resort (51 percent MDP).

The trend was particularly notable at prominent international chains in the luxury tourism sector, famous for providing relaxing and idyllic escapes for honeymooners, including Sheraton Maldives Full Moon Resort and Spa (58 percent MDP), Dusit Thaani Maldives (73 percent MDP), Conrad Maldives Rangali Island Resort (62 percent MDP), and One and Only Reethi Rah (75 percent MDP).

Tourism Minister Ahmed Adheeb has meanwhile told local media he will not allow politicians to sacrifice the tourism industry and its workers, and appealed to staff not to strike.

“They plan and involve the tourism industry every time there is political turmoil, every time things do not happen as they want. They called for a tourism boycott in international media. There were effects from that. We are seeing the same thing now. We cannot allow any politician to involve the tourism industry in politics. We cannot allow politicians to sacrifice the tourism industry and its workers every time things are politically turbulent,” he told newspaper Haveeru.

The Supreme Court will be hearing closing arguments this evening.

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Maldives democratic transition in “limbo”: Institute for Defence Studies and Analyses

“With the Maldivian Supreme Court postponing second round of elections, the democratic transition in the Maldives has gone into limbo,” writes Anand Kumar in a comment piece for the Institute for Defence Studies and Analyses (IDSA).

“The confusion prevailing in the country after the first round of elections has also made it clear that whosoever emerges victorious after the second round if it is held at all, he may find opposition quite difficult to handle in the aftermath of elections,” added Kumar.

“The much awaited multi-party elections in Maldives took place on September 7, 2013. As expected the first round failed to throw up a clear winner. This has now necessitated a second round which was earlier scheduled for September 28, 2013, and has now been postponed.

In the run-off election top two candidates from the earlier round would contest. They are Maldivian Democratic Party (MDP) candidate, Mohamed Nasheed and Progressive Party of Maldives (PPM) candidate Abdulla Yameen. However, the third candidate, Qasim Ibrahim from Jumhooree Party who lost by a whisker does not seem satisfied with the results and has gone to the court. In response to his petition the Supreme Court of Maldives has suspended presidential elections sparking protests and fears of instability in the archipelago country.

The polls in Maldives generated lot of enthusiasm among the people. They turned out in large numbers and nearly 88 percent of eligible voters used their franchise. In Maldives, the total number of voters is 2,39,593 out of which 2,11,890 cast their ballot. Former president Mohamed Nasheed managed 95,224 (45.45 per cent). Yameen, half brother of former president Maumoon Abdul Gayoom came second with 53,099 votes (25.35 per cent) and business tycoon Qasim Ibrahim came a close third with 50,422 votes (24.07 per cent). President Mohamed Waheed Hassan Manik finished last with 10,750 votes (5.13 per cent).

The interesting part of first round of polling is that business tycoon, Qasim Ibrahim who is also supported by the fundamentalist Adhaalath Party lost by a whisker. This has made swallowing defeat little difficult for him. Similarly, incumbent President Mohamed Waheed Hassan Manik polled just five percent of the votes and probably is the first sitting president anywhere in the world to get such low percentage in a re-election.

This clearly shows that his was not a popular government though earlier a Commonwealth-led probe had stated that the transfer of power was done according to the constitution. The Commission of National Inquiry (CoNI) set up by the Maldivian government last year had also found no evidence of a coup.

Qasim Ibrahim who came third with less than 3000 votes has alleged irregularity in polling. He alleged that there are several flaws in the voter list. He has claimed that he could have easily got between 10,000 to 30,000 more votes. He has disputed the result in the High Court, Supreme Court, at rallies, and on his television station – Villa TV – declaring that he should have been placed first. Interestingly, PPM has also extended support to Qasim Ibrahim and has accepted the Supreme Court’s decision to delay the elections.

There is nothing wrong with Qasim Ibrahim going to the courts. But Maldives judiciary has its own problem. Supreme Court Judge Ali Hameed has been implicated in a series of widely circulated obscene videos, but the judicial oversight body Judicial Services Commission (JSC) decided not to suspend the judge against the recommendation of a subcommittee it set up to investigate the matter. This happened because Qasim Ibrahim was a member of the JSC at the time and he stopped all action against the judge.

Read more.

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Retired South African judge to host public lecture on elections

The UNDP will host a public lecture – ‘Elections: Beauty or Beast?’ – by prominent retired South African Judge, Johann Kriegler, on Thursday September 26 at 4:00pm in the SHE Building (3rd floor) in Male’.

Judge Kriegler headed the South African Independent Electoral Commission and chaired the first permanent Elections Agency in South Africa for a number of years.

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Global concern as Maldivian court suspends presidential election

The international community has expressed alarm over the Maldives’ sudden suspension of the second round of presidential elections, initially scheduled for September 28.

The Supreme Court issued an interim order on Monday evening, signed by four of the seven-member bench, halting the election until the court rules on allegations of electoral impropriety filed by third-placed presidential candidate, Gasim Ibrahim.

Gasim is seeking annulment of the first round in which he received 24.07 percent of the vote, alleging that he received at least 20,000 more votes and declaring that “God Willing, Gasim will be President on November 11″.

The Elections Commission has dismissed the credibility of evidence submitted to the court, mostly speculation by anonymised witnesses, and noted that even if factual the claims were insufficient to impact the results of the first round. It has also pointed to unanimous positive assessments of the polling by international election observers.

The case is continuing today after the EC’s lawyer, former Attorney General Husnu Suood, was yesterday thrown out for ‘contempt of court’. Suood had argued that the injunction violated Article 111 of the constitution requiring a second round to be held a maximum of 21 days after the first.

India

India, whose observers monitored a third of the ballot boxes across the country, called upon all concerned in the Maldives “to address the current situation at the earliest so that the electoral process could be resumed in a manner that respects the will of the Maldivian people.”

“It is important that the second round of the Presidential elections is held as scheduled and the candidate elected by the people of Maldives assumes the Presidency on 11 November 2013 as mandated by the Constitution,” stated the spokesperson for India’s Ministry of External Affairs.

“India has consistently conveyed its support for the democratic process in Maldives. It was in this regard that India had called for free, fair and credible Presidential elections in meeting the aspirations of the people of Maldives. The first round of Presidential elections was held on 7 September 2013 in a transparent, organised and peaceful manner. This was acknowledged by domestic and international observers, including those from India,” the spokesperson stated.

“We have seen recent reports that the Supreme Court of Maldives has postponed the second round of Presidential elections scheduled to be held on 28 September 2013. This development has resulted in uncertainty concerning the second round, which may have an impact on peace, stability and security in the country,” the spokesperson noted.

Read the Indian statement

United Kingdom

UK Foreign Office Minister Alistair Burt said the country was “extremely concerned” at the Supreme Court’s decision to delay the second round of presidential elections.

“I recognise the right of the Maldivian courts to ensure legitimate allegations of electoral malpractice are investigated appropriately. However, it is vital to avoid any unnecessary disruptions to the national electoral process, and for representatives from all sides to be represented during any legal proceedings,” Burt stated.

“In light of the widely held judgment of both international and domestic observers that elections were free and fair, I hope that the second round of elections will go ahead without further delay. It is especially important that the second round of elections is held within the timescales specified in the Maldives constitution,” he added.

Read the UK’s statement

Canada

Canadian Minister of Foreign Affairs John Baird said Canada was “very concerned” over the delay in the run-off election, and indicated that it would push the Commonwealth’s human rights and democracy arm to put the matter on its agenda..

“International election observers, including from the Commonwealth, as well as domestic election observers, all viewed the September 7 election as free and fair. This delay is troublesome and can only lead to more instability,” said Baird.

“We call on the people of the Maldives to work together in a calm and democratic fashion and on judicial authorities to not unduly delay the expression by Maldivians of their democratic will. We believe that the Commonwealth Ministerial Action Group should discuss this issue at its Friday meeting in New York City,” he added.

Read the Canadian statement

United Nations

UN Secretary General Bai Ki-moon said he was concerned about the Supreme Court’s decision ordering the postponement of the second round, given that the first round was “widely recognised as a success by international and domestic election observers.”

“It is of the utmost importance that the will of the people be respected in deciding the future of the country. These are pivotal elections for reaffirming the democratic process in the Maldives,” read a statement from the UN Secretary General.

“The people of the Maldives have exhibited great patience and should have the opportunity, without undue delay, to exercise their vote. The Secretary-General urges all Maldivians to exercise restraint, renew their commitment to the Constitutions and work toward conducive conditions for peaceful, credible run-off polls to take place as soon as possible.”

Read the UN statement

European Union

The European Union has noted the temporary injunction issued by the court, but also recalled that the international community recognised the outcome of the first round as inclusive and credible, and considered that it reflected the will of the Maldivian people.”

“I call upon the responsible Maldivian authorities to ensure that the second round takes place without delay and in accordance with the constitution of the Maldives. I urge all Maldivians to work together to safeguard the integrity of the democratic process and ensure that the second round takes place in the same impartial and effective spirit as the first,” stated EU High Representative Catherine Ashton.

Read the EU’s statement

Australia

The Australian government said it had noted court’s postponement of the second round of presidential elections, despite the “positive findings of international observers, including the Commonwealth Observer Group, on the conduct of the recent first round”.

“These elections are an important step in entrenching democracy following the disputed transfer of power there in February 2012,” read a statement from the Australian High Commission in Colombo, Sri Lanka.

“Australia hopes to see an early resumption of the electoral process, with the second round of elections conducted in a manner that is free, fair and transparent, in accordance with the rule of law, and gives free expression to the will of the people of the Maldives,” the statement read.

“We call on all parties to maintain calm and order and to work together peacefully and cooperatively while this situation is considered by the Supreme Court. It is important that the results of the democratic process are respected.

“The international community will continue to watch developments in the Maldives very closely.”

Read the Australian statement

United States

US Ambassador Michele J Sison visited Male on September 24-25 where she “urged Maldivian officials and political party leaders to resolve the issue of elections promptly.”

“International and domestic observers, including US government officials, all characterised the first round of Maldivian presidential elections as free and fair. The high turnout reflects the Maldivian people’s desire to elect democratically their own representatives,” read the US statement (also in Dhivehi).

“Holding the second round of elections in a timely fashion – as mandated by the Maldivian constitution – is central to the democratic process and a peaceful transition of power that reflects the will of the Maldivian people,” the statement read.

At the same time, the US Embassy in Colombo issued an alert to US citizens travelling in the Maldives recommending that they “exercise caution, avoid large crowds and monitor media coverage of local events.”

Read the US statement

Commonwealth

Commonwealth Special Envoy to the Maldives Sir Donald McKinnon said it was “deeply worrying to hear comments calling for the annulment of [the] election. No election anywhere is going to be absolutely perfect and there was no evidence or claim before the election that the voter register was manifestly so deficient as to so distort the outcome.”

He called for the Supreme Court to “deliver its judgment expeditiously in the case pending before it so that the second round can be held, and the verdict of the Maldivian people determined, without further delay.”

“The people of Maldives went to the polls in good faith on 7 September to elect a president. That election was found by national and international observers, notably by a high-level and experienced Commonwealth Observer Group, to be competitive and credible,” McKinnon said.

“As I have stated before, the Maldivian people must be the winners in this election – they are collectively more important than any one political leader. The people of Maldives worked hard to get a democratic constitution, they want it respected and it is their right that the elections deliver a result that reflects the wishes of the majority.”

Read the Commonwealth statement

Maldivian government condemns “irresponsible statements”

President Mohamed Waheed Hassan, who received 5.13 percent in the first round of presidential elections, has lashed out at “irresponsible statements by foreign governments and international organisations” which he declared are “not be helpful in consolidating democracy in the country.”

“Our statutory institutions, including the judiciary, have shown that they are capable of making sound and impartial decisions on some of the most complex issues of national importance,” read a statement from Waheed on the President’s Office website.

The comments appeared at odds with a report from UN Special Rapporteur for the Independence of Judges and Lawyers, Gabriela Knaul, who in May 2013 presented a detailed report documenting a judicial system in crisis to the UN General Assembly.

The Special Rapporteur wrote that she was “concerned that the Supreme Court is perceived as not following due process in many of its decisions. It is also troublesome that some of the Supreme Court’s interventions are perceived as arbitrary and as serving the judges’ own personal interests.”

President Waheed meanwhile called “on foreign governments, the UN, and the Commonwealth to show responsibility and to refrain from issuing statements commenting on, and speculating about, the on-going court case.”

“Local and international observers did a commendable job in observing the elections. Yet, they do not decide on the cases filed by one or more candidates in an election. It is never done anywhere in the world,” Waheed stated.

Read President Waheed’s statement

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MDP calls on Supreme Court to remain within “legal ambit of the constitution”

The Maldivian Democratic Party (MDP) has called on the Supreme Court to “restrain itself to the legal ambit of the constitution” in an open letter from the party’s chairperson ‘Reeko’ Moosa Manik to Chief Justice Ahmed Faiz Hussain on Tuesday (September 24).

The party contended that its lawyers Hassan Latheef and Hisaan Hussain were “unlawfully suspended” by the apex court in ongoing proceedings of the Jumhooree Party’s case against the Elections Commission (EC) seeking annulment of the first round of the presidential election on September 7.

“Despite the Maldivian Democratic Party’s legal team claiming that proceedings cannot be held without their representation, the court’s decision to proceed regardless is in breach of the constitution, laws, regulation and juridical norms adhered to in the Maldives thus far,” the letter stated.

“Furthermore, it is of concern that during the proceedings there was apparent deferential treatment towards other parties to the case. Therefore, considering the manner in which the court has acted during these proceedings thus far, and since the party believes that proceedings will not continue in a way which guarantees the rights of the 95,000 people who publicly shown support for the party, this party wishes to revoke its inter-partes claim to the motion filed at the court.”

The MDP lawyers along with EC lawyer Husnu Suood were barred from proceedings by the Supreme Court yesterday for publicly criticising the court’s order indefinitely postponing the second round run-off of the presidential election scheduled for September 28.

“Journey to Justice”

In the wake of the Supreme Court’s stay order (Dhivehi) on Monday night (September 23), the party’s National Council passed a resolution approving continuous protests until a date was given for the run-off election.

MDP Spokesperson Hamed Abdul Ghafoor described the Supreme Court’s suspension of the election pending a judgment on the JP’s case as “a cynical attempt by President [Mohamed] Nasheed’s political opponents to delay an election they feared they were likely to lose.”

Nasheed emerged as the front runner in the first round of the polls with 45.45 percent (95,224 votes), followed by Progressive Party of Maldives (PPM) candidate Abdulla Yameen who received 25.35 percent (53,099 votes). The JP candidate Gasim Ibrahim narrowly missed out on the run-off with 24.07 percent (50,422) and contested the results at the Supreme Court alleging electoral fraud.

The JP and the PPM welcomed the Supreme Court injunction as a positive step towards ensuring a free and fair election. PPM candidate Abdulla Yameen told Minivan News that there was “nothing unconstitutional” with the court order.

“The Elections Commission got the opportunity to argue out their case and establish the credibility of the process,” he said.

The MDP yesterday relaunched its “Journey to Justice” demonstration at the Raalhugadu (surf point) area of the capital Male’ – 18 months after being evicted from the site by security forces – where it had set up a protest camp in February 2012 following former President Mohamed Nasheed’s resignation in what the party has maintained was a “coup d’etat” instigated by mutinous elements of the police and military working with the then-opposition.

The MDP chairperson’s letter to the Chief Justice meanwhile called upon the highest court of appeal to “uphold Article 8 of the Constitution [which] states that all powers of the State shall be exercised in accordance with the Constitution, Article 299 sub-article (a) that states that the administrators of justice shall wholly comply with the provisions of the Constitution, and Article 142 which stipulates that judges are subject to the Constitution and the law.”

The party contends that the court’s order disregarded article 111(a) of the constitution, which states that “a run-off election must be held within twenty one days after the first election.”

In his speech at the Raalhugadu protest site last night, Speaker of Parliament Abdulla Shahid asserted that the Supreme Court did not have the authority to override “any article of the constitution or even a letter of that article.”

Constitutional provisions could only be suspended by the president after declaring a state of emergency, Shahid explained, which has to first be approved by parliament.

Suspension of lawyers

In June 2012, lawyers held a crisis meeting following the publication by the Supreme Court of controversial regulations requiring all practicing lawyers to be registered at a court.

The regulations also authorised the courts to suspend lawyers for publicly criticising the judiciary or court decisions.

In February 2013, the Supreme Court suspended lawyer Abdulla Haseen after he criticised the judiciary on the MDP-aligned Raajje TV. Haseen was barred from advocating in any court in the country while the Supreme Court asked police to investigate him for contempt of court.

The Prosecutor General’s Office (PGO) however decided not to prosecute Haseen after police concluded its investigation.

Moreover, earlier this month, MDP MP Imthiyaz Fahmy was charged with contempt of court for allegedly defaming Supreme Court Justices on a Raajje TV programme.

In her report on the Maldivian judiciary, UN Special Rapporteur on the Independence of Lawyers and Judges, Gabriela Knaul, wrote that the “enforcement of compulsory registration of lawyers with the courts is also unacceptable.”

“The regulation of disciplinary measures against lawyers falls outside of the prerogative of the judiciary or any other branch of power and contradicts the principle of independence of the legal profession. During her visit, the case of a lawyer who had been indefinitely suspended by the Supreme Court for allegedly criticizing one of its judgements in public was reported to the Special Rapporteur. Such a suspension leaves no avenue for appeal and review and it represents a violation of the rights of the lawyer,” the report stated.

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