Dear Madam Ambassador Michele J Sison,
I write to you as a member of the Maldives Judicial Service Commission 2009 to 2011, and as an advocate for rule of law and constitutional democratic government in the Maldives, to express my concern following the recent remarks attributed by the Maldives’ Judicial Service Commission to yourself, Madam Ambassador, in a statement published on the said Commission’s website on May 8, 2013.
The original statement in Dhivehi is to be found on http://jsc.gov.mv/2013/05/1561.
The Dhivehi statement claims that “Ambassador Michele J Sison approves of the functioning of the Maldives’ Judicial Service Commission”, and agrees the actions of the Commission are up to the “best possible standards”.
The statement further suggests that, thus, the Commission is cleared of all the long standing, very serious allegations against it.
The statement appears to be another attempt by the Maldives Judicial Service Commission to cover up its breaches, political activism, abuse of powers, and continued actions against Constitution and State through political activism, misconstruing dialogue, and misleading the public.
Hence, I would like to recall to your kind attention the very serious allegations against the Maldives’ Judicial Service Commission that remain pending without proper Inquiry by the State. These include:
- Breach of trust, refusal to uphold its constitutional duties, and cover up of judicial activism and corruption;
- Unconstitutional nullification of Constitution Article 285, and the deliberate and willful corruption of the Judiciary, the silent coup;
- Corruption of the High Court by cherry picking judges;
- Corruption of the Supreme Court by the Judicial Service Commission failing to follow due process, and fulfill its constitutional duties and responsibilities.
Further, I would also like to bring to your attention the reports of some major independent fact finding missions and international bodies which consistently conclude that the Judicial Service Commission acted outside its mandate, failed to respect Constitution or the democratic principles therein, misconstrued law and legal concepts, is highly politicised and partial, and is not fulfilling its constitutional mandate of building trust in the judiciary by holding judges to account.
- Report of the International Commission of Jurists (February, 2011)
- Dialogue and Concluding Observations of the UN Human Rights Committee, Geneva (June, 2012)
- Report of Professor Tom Ginsburg supported and funded by the United States Embassy and UNDP, and prepared for Raajje Foundation (December, 2012)
- Observations by the UN Special Rapporteur on the Independence of Judges and Lawyers at the conclusion of visit to the Maldives (February, 2013)
- Press Release and Report of the South Asians for Human Rights (SAHR) mission led by Justice Leila Seth (India) to the Maldives in August 2012 (April, 2013)
Having been a part of the Judicial Service Commission, and being very familiar with the modus operandi of the Commission and its current Chair, Supreme Court Justice Adam Mohamed Abdulla, it is plausible to me that the statement of the Judicial Service Commission is its own politics and does not necessarily reflect the United States’ endorsement of the Maldives’ Judicial Service Commissions’ constitutional breaches or the sitting bench permitted to continue without check or due process as required by section 285 of the Maldives’ Constitution (2008).
Further, the Judicial Service Commission’s role leading up to the February 7, 2012 transfer of power, and in its close personal engagement with prosecuting President Mohamed Nasheed has only confirmed to the Maldives’ public that the Commission is not deserving of public trust, and that the Judiciary is hijacked as I have consistently maintained.
It is also very telling that I have continued to strongly and continuously criticize the Judicial Service Commission and Courts without any legal action whatsoever against myself for “contempt of court” or “tainting the image of the Courts and judges” in a situation where others have been investigated and prosecuted for the said “crimes” for saying far less than I have and continue to do.
It stands to reason the Maldives cannot consolidate democracy with a flawed judiciary; or the questions that hang upon it, and haunt us in the Maldives today.
Yours sincerely,
Aishath Velezinee
Velezinee is a former member of the Judicial Services Commission (JSC) and an outspoken whistleblower on judicial corruption. She was stabbed three times in the street in broad daylight in early 2011.
All comment pieces are the sole view of the author and do not reflect the editorial policy of Minivan News. If you would like to write an opinion piece, please send proposals to [email protected]
(0)Dislikes
(0)Related Posts
JSC appeals Civil Court injunction against investigation of Abdulla Mohamed
Nine persons apply for vacant High Court judge post- JSC’s transfer of superior court judges termed “unlawful” by Chief Justice
Comment: Mutiny in the Supreme Court
Three years ago, the JSC colluded to reappoint Gayoom’s judges: Aishath Velezinee
Comment: Courts now more a source of comedy than justice
Wow!! I think the US Ambassador should reccommend the JSC model to be adopted for the American judiciary!
V have seen how this lady was behaving on an event that was telecasting live. She was acting like a monkey and if she has any good ethics , she would not have done it . Since was appointed by Nasheed, her behavior was a big blow on Nasheed face too.
Its a joke when this lady speaks of moral values and non alignment with politics and corruption. All these well within her and her actions speaks itself.
@Kuribee
Are you not contradicting yourself when you call Velezinee acting as a monkey and then call her a lady. How about you look at what "lady" means in the dictionary?
@Kuribee we fully support and applaud velezinee for single handedly standing up against the JSC during this event you have mentioned.
ISSUE: A government authority claims on their official website that a visiting diplomat had praised their work.
Is this legal?
Yes. Positive reporting of one's own progress is also to be expected.
My opinion?
First off I am not attempting to promote a blanket endorsement of anything and everything any institution does least of all the JSC. However I see no issue with the statement published on the JSC's website for three main reasons;
1. It is after all their own website so they are not bound to be overly critical of themselves on that forum.
2. They are citing a visiting foreign diplomat who cannot be expected to pummel them with hard-hitting criticisms when her aim most probably is to promote engagement between her government and independent institutions in the Maldives.
3. Being outspokenly critical is not the only way to right wrongs. In my experience much more can be done quietly behind closed doors than through the media.
At the same time I applaud the writer for her outspokenness. Activism is necessary in order to keep the public engaged in the workings of the State. However I am sure the writer herself would not expect a foreign diplomat to have the luxury of being an activist.
@'tsk tsk':
To answer your points, in order:
1. This is Minivan News website, where Ms. Velezinee has made observations as per the facts.
2. Without good rules of engagement diplomacy does not work. Therefore, Ms. Velezinee is simply deconstructing the overall context pertaining to the relations between US State department and JSC of Maldives.
3. Then you might want to read about great men like Mandela, Martin Luther King and Gandhi. All these men brought about social revolutions by being highly outspoken. Some through actions and some words, but all covered by world media.
Velezinee... You should change your name to masculine gender. from any angle you don't look like a lady.
Yes this lady action was like a " Monkey"
So Ahmed, people like you who have been infested with yellow virus will see no wrong doing by any of your activist .