The UN Special Rapporteur on the Independence of Judges and Lawyers, Gabriela Knaul, arrived in the Maldives on Saturday (February 16) for a visit scheduled to last until February 24.
During her visit, Knaul will “examine measures taken to ensure the independence of the judiciary, prosecutors and lawyers, as well as their protection, and the obstacles encountered for an adequate, impartial and independent administration of justice”, the UN said in a statement.
Knaul, a judge from Brazil, will then submit her report and recommendations to the government and the UN Human Rights Council.
In its concluding statement following the Maldives’ Universal Periodic Review in 2012, the UN Human Rights Committee expressed concern that the composition and functioning of the Judicial Service Commission (JSC) “seriously compromises the realisation of measures to ensure the independence of the Judiciary as well as its impartiality and integrity.”
“The Committee is also concerned that such a situation undermines the judicial protection of human rights and fundamental freedoms in the [Maldives]. The [Maldives] should take effective measures to reform the composition and the functioning of the Judicial Service Commission (JSC),” the UN report stated.
“It should also guarantee its independence and facilitate the impartiality and integrity of the Judiciary, so as to effectively protect human rights through the judicial process,” it added.
Although unrelated, Knaul’s visit comes days after former President Mohamed Nasheed sought refuge from a court summons inside the Indian High Commission in Male’.
The Hulhumale’ Magistrate Court, which is trying Nasheed for his detention of Chief Criminal Court Judge Abdulla Mohamed during his final days in office, was created by the Judicial Services Commission (JSC).
The JSC, which includes several of Nasheed’s direct political opponents including rival presidential candidate Gasim Ibrahim, also appointed the three-member panel of judges overhearing Nasheed’s trial.
Parliament’s Independent Institutions Oversight Committee had declared that the JSC’s creation of the Hulhumale’ Magistrate Court was unconstitutional.
However, the Supreme Court declared parliament overruled, issuing a statement that “no institution should meddle with the business of the courts”, and claiming that as it held authority over “constitutional and legal affairs” it would “not allow such interference to take place.”
“The judiciary established under the constitution is an independent and impartial institution and that all public institutions shall protect and uphold this independence and impartiality and therefore no institution shall interfere or influence the functioning of the courts,” the Supreme Court stated.
A subsequent request by the JSC that the Supreme Court bench rule on the court’s legitimacy resulted in a four to three vote in favour. The casting vote was made by Supreme Court Judge Adam Mohamed, also President of the JSC.
A troubled judiciary
Besides the UN Human Rights Committee, numerous international organisations and reports have challenged the political independence of the JSC and the judiciary.
A report by independent observers of the Nasheed trial from the UK Bar Human Rights Committee concluded that “a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives.”
A report by the International Committee of Jurists (ICJ) in February 2011 found that many judges were lacking in qualifications and independent attitude.
“How often do ordinary Maldivians look to the courts for justice? Is there a sense that ‘We [Maldivians] have an independent judiciary that is capable of resolving problems?’ I think the answer is no,” surmised Roger Normand, former Director of the ICJ’s Asia Pacific operations at the time.
“Historically, [independent resolution] has not been the role of judges [in the Maldives]. Judges were an outcome or a product of the executive power. This is not a controversial statement, this is an outline of what their legal role was in the previous [government],” Normand said.
The ICJ was highly critical of the the JSC, which it said was “unable to carry out its functions” to impartially vet and reappoint judges on the basis of qualification and background.
“To date, JSC decision-making has been perceived as being inappropriately influenced by a polarised political environment,” Normand said.
Former JSC member and whistleblower Aishath Velezinee first raised problems in the judiciary and JSC in August 2010.
“My experience, from being part of the complaints committee in the JSC, is that whenever a complaint is received, we have two judges on the complaints committee who will defend the [accused] judge, trashing the complainant, and talk about ‘taking action’ against these people ‘who are picking on judges’,” said Velezinee, in a 2010 interview.
“Then they will put out a press release: ‘Nobody should interfere with work of judges.’ Their interpretation is that ‘nobody should criticise us. We are above and beyond the law.’”
She was subsequently stabbed three times in the back in broad daylight on Male’s main tourist street in January 2011.
A more recent report produced by local NGO the Raajje Foundation and supported by the UNDP and the US State Department, noted that the JSC’s mission under the 2008 constitution to ensure the new judiciary was was clean, competent, and protected from political influence, “has sadly gone unfulfilled.”
“The courts have essentially been able to capture the JSC so as to ensure that the old judiciary remained in place under the new constitutional order,” the report noted, predicting the most likely national outcome a cycle of failed states.
President Dr Mohamed Waheed Hassan Manik has insisted on the government’s independence of the judiciary, stating that the court case “”has nothing to do with my government. Upholding the rule of law means nobody is above the law. I would like to assure the people of Maldives that the law and order will be maintained,” he said, in a statement on Sunday.
“My government has upheld the rule of law and respected all independent institutions. I am pleased to note that unlike in the past, within the last year, the President has not interfered in the work of the judiciary, the police, or the independent commissions,” Waheed’s statement read.
Meanwhile, Home Minister Mohamed Jameel – formerly Justice Minister under the 30 year autocracy of Maumoon Abdul Gayoom – told local media that it was “crucial [the judiciary] conclude the case against Nasheed before the approaching presidential elections, in the interests of the nation and to maintain peace in it.”
“Every single day that goes by without the case being concluded contributes to creating doubt in the Maldivian people’s minds about the judiciary,” Jameel said.
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What wd the name of the report be? Corny Report?
Jameels a nut, Nasheeds a psychopath
Yes Nasheed case should be completed now than later.
Nasheed have the right to defend his case and he need to prove that he arrested the judge within his jurisdiction .
Nasheed has the right to defend himself of explaining before the court why he locked the supreme court.
Nasheed has the right to defend himself why he arrested political party leaders outside the constitutional rights .
Nasheed can not defend himself by hiding in the indian high commission and need to face the court trail and then defend.
Fili Nasheed ( Run way or hide and seek) need to come pout from his hiding place and face the court and prove his innocence.
Affordable Housing
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3 Years in Govt. MDP achievements!!
Every day in maldives, we can hear atleast a problem which is created against foreigner. there is no way of escaping from the global communities if they can’t reduce the crime rate against foreigner, expats. Maldives going to be a big threat to other nations, if they continues to restricting the civilians through religion-ism, idealism, and other ……… stuffs. For a democratic country it is the basic thing to be followed. Punishment for the crime is not severe here, But in the case of political game it is damn severe, as we saw in the last year happenings for the president Nasheed, and that is the main reason he is hiding himself in Indian embassy. No security for a Ex.President in a country clearly shows in how pathetic situation the country is.
Also the maldives eye wash judicial service commision will do what the current president wish.
Now the international community is keenly watching maldives, and we hope it will results to a real democracy to the civilians.
A BEAUTY WITH A BRAIN....SHE COULD TAME ANY MAN INCLUDING IMRAN.
BHRC is concerned that a primary motivation behind the present trial is a desire by those in power to exclude Mr Nasheed from standing in the 2013 elections, and notes international opinion that this would not be a positive outcome for the Maldives.
@kuribee: You do realize that Nasheed would have to defend himself in a Kangaroo court with some of the judges being his political opponents including Ibrahim Qasim; one of the people who lead to his downfall.
Yes, Nasheed should be held accountable for his actions but in a court that is not politically coloured, has qualified judges and a jury and one that is not influenced by political opponents.
Waheed shouldn't be so proud to say that he did/does nothing while a corrupt judiciary runs the whole nation to the ground.
And for the man who tried to do something has to take refuge in a foreign embassy in the country that he tried to save.
Nasheed case is special. He broke laws of country. He needs to be sent to prison for long time. This government does not need UN or US. We can do this by our self.
Jameel is right. Nasheed is no. 1 priority for government. Send him to prison, and then we can have peaceful election. Without Nasheed, better for country and everyone.
"President Dr Mohamed Waheed Hassan Manik has insisted ... that the court case has nothing to do with my government. "
Of course it doesn't. Nothing, zero, nada is the business of his government, because his government has done absolutely nothing since it took power by illegal means. He has no opinion on anything, doesn't comment on anything, doesn't get involved in anything.
One wonders why he's paid a salary. What does the guy do all day? Surf the web, perhaps. Ah, but of course, that's what he did for over 3 years as Vice President, i.e. did sod all!
"Home Minister Mohamed Jameel – told local media that it was crucial [the judiciary] conclude the case against Nasheed before the approaching presidential elections".
Either Waheed is deaf, blind or just totally incompetent. He keeps insisting his government has nothing to do with the Courts. Quite obviously, he has no idea what "his government" is actually doing!
Jameel is part of "his government", and quite keen on telling the Courts what to do. Shortly after Jameel gave the orders, those Courts issued an arrest warrant for Nasheed! Someone ought to sack Waheed from his job for failing to do it properly.
@kuribee: Oh so, you don't care whether he gets a fair trial anda chance to prove his innocence so long as you get fulfill your own desires and goals.
Wah chaaley! you would make a fine politician.
Poor Jameel, Riyaz, Masood Imad and the rest who speak and act on behalf of the government that Waheed is ruling by the law!
Pity you blokes!
Waheed has passed the buck over to you in front of UN!
You guys must thank him and bow to him!
And Waheed; what cowardice!
"The ICJ was highly critical of the the JSC, which it said was “unable to carry out its functions” to impartially vet and reappoint judges on the basis of qualification and background."
To forego this, the Judiciary recently have brought in many corrupted judges from the atolls for a 2 month course and I suppose it is still ongoing!
This will solve all Judiciary problems and will fill all gaps and cracks!
@Damn on Sun, 17th Feb 2013 3:41 PM
Jameel, more than once have proved himself nutty. This I can understand and accept.
But Nasheed - a psychopath, I cannot understand!
Without prejudice - He, in the short time in office does seem to have done more good than bad!
I would give him benefit of the doubt!
I am sure if he had done more bad than the good, while in office, he could not have the support he has!
Looks like you changed your name, Modi
What a waste of effort,Kuribee.
get with the times.
The people are rising not for Nasheed , but for ourselves. We are rising, for our children, for our nation.
You may beieve that the Maldives is the tharika mudhaa of Gayoom and hs family.
Aharamenneh thihen viakah nudheynan.
We will fight to our last blood drop to cleanse our land of the Rannamaari Gayoom and his mafia that hijacked or nation.
Heylaashey Kuribee Heylaashey Kuribee thin vana tsunami eoh annanee ey. Dhuvaahshey Kurimbee dhuvaashey Kurimbee mi faharu salaamaiy vaanehenneh hiyeh nuvey.
Looks like you changed your name, Modi
What a waste of effort,Kuribee.
get with the times.
The people are rising not for Nasheed , but for ourselves. We are rising, for our children, for our nation.
You may beieve that the Maldives is the tharika mudhaa of Gayoom and hs family.
Aharamenneh thihen viakah nudheynan.
We will fight to our last blood drop to cleanse our land of the Rannamaari Gayoom and his mafia that hijacked our nation.
Heylaashey Kuribee Heylaashey Kuribee thin vana tsunami eoh annanee ey. Dhuvaahshey Kurimbee dhuvaashey Kurimbee mi faharu salaamaiy vaanehenneh hiyeh nuvey.
So when are the Maldivian taliban going to call for the flogging of this evil, possibly christian, white missionary, non-veil wearing woman?
Dr Waheed,the last I read the constitution the Police are under YOUR command and so is the Home Minister.
Every day that goes with you in command allowing police brutality against our people you lose credibility as a leader who will look after our interests.
As for your very lofty assertions of not interfering with the juduciary. Is Dr Jameel your Minister of Home Minister Affairs or not? Why have you not take disciplinary action against this man who is telling the courts what to do?
And why, Dr Waheed did you appoint a man for Home office who got away with fabrication of truth, slander and public pronouncements of racism and xenophobia?
Maldives PG must not mislead the Judiciary and the people, sending Nasheed's case to an illegal Court illegally. This dirty act of PG clearly tell legal experts and lawyers that he is now a victim of all political figures except Nasheed because they all understand none of them could win next Presidential election if Nasheed is given participation in the election
UN ha ha ha ha I we haven't forgotten CONI report.. wonder whats next ..... I have no respect.... we have wasted more than 12 months......
hey , some MDP thugs like my comments and that is why some people are making comments here under " kuribee" .
Good luck