Tag: JSC

Candidates threaten boycott after judicial interference in JSC lawyer election

Four of the five lawyers competing in an upcoming poll to elect a lawyer to the Judicial Services Commission (JSC) have threatened a boycott after judicial interference.

Lawyers Hussein Shameem, Mohamed Fareed, Anas Abdul Sattar, and Mohamed Faisal expressed concern over reports the Supreme Court may allow judges in magistrate courts in the islands to vote via fax on July 13 – a move, which would violate the secrecy of the ballot.

The attorney general had initially compiled regulations barring judges who have lawyer permits from voting to elect a representative from the lawyer community.

But the Supreme Court on June 23 ruled that all licensed lawyers, including judges and MPs, would be eligible to vote in polls.

Lawyers have said the decision allows judges undue influence in electing a representative from the legal community, pointing out judges already have three representatives on the ten-member commission.

AG Mohamed Anil then extended the initial deadline for candidates to submit applications from June 24 to June 30.

Subsequently, a public relations staff member at the Department of Judicial Administration (DJA), Latheefa Qasim, applied for the position. Latheefa worked at the DJA until she was appointed as President Dr Mohamed Waheed Hassan’s representative to the ten-member commission.

Latheefa was replaced when new President Abdulla Yameen took oath of office in November 2013.

The four candidates have said Latheefa appears to be backed by the judiciary.

“There is a conflict of interest when an individual employed with the judiciary to improve its image is running for an oversight body,” Shameem said.

Fareed said Latheefa running in the election is like disgraced Supreme Court Judge Ali Hameed standing for the position.

Meanwhile, both Anas and Faisal have raised questions over Latheefa’s eligibility, noting JSC regulations state no JSC member can run for consecutive terms.

Faisal said he believed Latheefa had completed a term as she had sat in the commission as a presidential appointee in the current term.

If Latheefa is eligible to run, any current member could resign now, and run again claiming they have not completed a full term, he said.

“There is doubt over whether Latheefa Qasim is standing on her own initiative or is being fielded by other interests. I say this because she submitted her application after the Supreme Court ruling, when the deadline was extended,” he added.

Latheefa was not responding to calls despite repeated attempts at the time of press.

All four candidates insisted the criticisms were not a personal attack on Latheefa.

The four met last week and discussed whether to field a single candidate against Latheefa, but decided to run separately, claiming they still stand a fair chance of winning elections as long as the secrecy of the ballot is protected.

Polling booths are to be set up in Arabiyya School in Malé and in islands where more than five eligible voters are registered to vote. They are Haa Alif atoll Ihavandhoo, Haa Dhaal atoll Kulhudhuffushi, Thaa atoll Veymandoo, Laamu atoll Fonadhoo and Gaaf Alif atoll Villingili.

“There is no point of contesting elections if the secrecy of the ballot is affected. There are approximately 136 magistrates court judges – a number than can significantly change the election outcome. If there is a perceived judiciary backed candidate, they will be forced to vote for the candidate endorsed by the judiciary, if the secrecy of ballot is violated,” Faisal said.

Fareed said the four candidates are still ready to field a single candidate or boycott the election if necessary should the judiciary interfere in election procedures.

“We will not blindly obey the Supreme Court’s decisions,” Fareed said.

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Majlis calls for applications for public’s representative on JSC

Parliament on Sunday announced it will be accepting applications for the pubic’s representative on the Judicial Services Commission.

In an announcement released yesterday, the parliament stated that applications for the seat on the judicial watchdog can be sent in until noon on July 13.

Currently, the post is being filled by Sheikh Shuaib Abdul Rahman.

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JSC vote to proceed after new voter lists brought no complaints

The Attorney General’s Office announced yesterday (July 1) that it had not received any complaints regarding the voters’ list for the election of a lawyer to the Judicial Services Commission.

The Supreme Court last week amended regulations in order to allow previously judges and MPS – previously excluded – to take part in the election of the legal representative on the judicial watchdog.

Subsequently, the office has announced the list to be the final version, placing the number of eligible voters at a total of 788 persons.

According to the announcement, the election will be held in five other islands in addition to capital city Malé – Ihavandhoo in Haa Alif atoll, Kulhudhuhfushi in Haa Dhaal atoll, Veymandoo in Thaa atoll, Fonadhoo in Laamu atoll, and Villin’gili in Gaafu Alif atoll.

In Malé, voting booths will be placed in Arabiyya School on Chandhanee Magu.

The election is scheduled to be held from 9.30am to 3.30pm on July 13.

Five candidates are registered to contest in the election, including former Deputy Prosecutor General Hussain Shameem, former JSC member Latheefa Gasim, as well as lawyers Mohamed Fareed, Mohamed Faisal, and Anas Abdul Sattar.

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Pro-government MPs vote against debating JSC decision on Justice Ali Hameed

Pro-government MPs have voted against a motion without notice submitted by opposition Maldivian Democratic Party (MDP) MP Imthiyaz Fahmy to debate the Judicial Service Commission’s (JSC) decision last week to clear Supreme Court Justice Ali Hameed of misconduct over his alleged appearance in a series of sex tapes.

The early motion – which would have opened the floor to a one-hour debate – was defeated with 44 votes against and 18 in favour at the ongoing sitting of parliament.

Presenting the motion, MP Imthiyaz said the JSC decision was “a permanent stain” on the Maldivian judiciary and an obstacle to judicial reform.

Following the vote, Imthiyaz tweeted:

The presence of a disgraced judge on the Supreme Court bench – who most citizens believe has lost his integrity – threatens the independence of the apex court, adversely affects decisions of lower courts, and robs Maldivian citizens of their constitutionally guaranteed right to a free and fair trial, the party contended in a press statement this week.

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JSC decision on Judge Ali Hameed’s sex tape scandal “an insult to Islam”

The Judicial Service Commission’s (JSC) decision to clear Supreme Court Judge Ali Hameed of misconduct in a sex tape scandal is “an insult to Islam,” and against principles of Islamic jurisprudence, critics have said.

The judicial watchdog yesterday ruled Hameed innocent, claiming it can only take disciplinary action if there is sufficient evidence to indict Hameed in a court as per the Islamic Shariah and Maldivian law.

The JSC justified its ruling on a police decision to close investigations after failing to gain new evidence.

The JSC member representing the public Sheikh Shuaib Abdul Rahman said the JSC had contravened Islamic principles in its decision.

“This is a misconduct case. Not a criminal case. Under Islamic fiqh (jurisprudence), misconduct complaints require less evidence than criminal and civil complaints. Judges can be dismissed if there’s too many public complaints against him,” he said.

“I believe there is enough evidence to take action,” he added.

Meanwhile, former JSC member and whistleblower Aishath Velezinee characterized the JSC decision as “the ultimate insult to Islam and Maldivian society.”

“This is a judiciary that sentences underage rape victims to be flogged. When they decide a Supreme Court judge, after being seen in a video that has gone viral, having illicit sex with multiple women, is not guilty of misconduct, what more can we say?”

Velezinee called on the public to protest, stating the decision shows the judiciary does not understand the law or the Shariah. Public silence on the matter will only allow the judiciary to “make a scandal of justice,” she added.

“To allow the Supreme Court, without protest, to decide any matter that affects you is to accept Ali Hameed has a right to judge for you. Protest!”

Ali Hameed is also accused of several counts of corruption and has been implicated in a separate tape where he appears to admit to a role in the fall of former President Mohamed Nasheed.

Criminal

Several lawyers have echoed Shuaib’s concerns arguing the JSC does not have to follow the stringent standards used in a criminal trial in a case of misconduct.

“The JSC inquiry is not a criminal trial. They do not have to prove it by the standards employed in criminal proceedings. Their task is not to see if a judge is guilty beyond reasonable doubt. The JSC inquiry is about misconduct, it is a disciplinary issue,” lawyer and former Minister of Youth and Sports Hassan Latheef said.

UN Special Rapporteur on Independence of Judges and Lawyers, Gabriela Knaul, in a 2013 report, also said disciplinary or administrative investigations entail different penalties than those arising from criminal procedures.

“Judges and magistrates, as well as other actors of the justice system are criminally accountable for their actions. Criminal actions entail consequences and penalties that are different from those resulting from disciplinary or administrative investigations,” said Knaul.

Latheef said judges must have public confidence, and Ali Hameed should have voluntarily resigned when the tapes were first leaked on social media in 2013.

“Islamic Sharia says all judges must have public confidence. Anyone who is perceived otherwise, cannot be a judge. A judge cannot be open to blackmail,” he added.

Latheef also called on the police to continue with investigations and said the police’s decision to file the case must be looked into.

According to local media, the investigation had stalled after the Criminal Court refused to provide a warrant to obtain a facial photograph of Ali Hameed and another to search his residence.

Political decision

Former Attorney General Husnu Al Suood also said the JSC had not complied with procedures in its conclusion and accused the commission of political bias.

Suood was appointed to a JSC subcommittee to investigate the case in December, but was expelled in January after the Supreme Court called for his removal after finding him guilty of contempt of court.

“I don’t think JSC has complied with existing procedures when they concluded this matter. This is a decision that needs to be revisited when the JSC is free from executive and judicial influence,” he said.

“JSC is under the full control of the executive. It doesn’t function independently, as envisaged in the constitution,” he added.

In Knaul’s report, she stated there was near unanimous consensus during her visit that the composition of the JSC – which draws members from sources outside the judiciary, such as the parliament, lawyers, and civil service commission – was “inadequate and politicized.”

“Because of this politicization, the commission has allegedly been subjected to all sorts of external influence and has consequently been unable to function properly,” said Knaul.

Suood claimed President Abdulla Yameen is at present working to fix the JSC membership in the coming term.

Opposition MP Ahmed Hamza was removed from the JSC in January after he announced his decision to run for the March parliamentary polls.

Meanwhile, the Supreme Court this week ruled any individual licensed as a lawyer, including judges and MPs, can vote to elect a member from the lawyer community to the commission.

Lawyers have spoken against the matter, arguing the decision compromised the independence of the legal profession.

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All licensed lawyers, including judges and MPs, can vote to elect JSC lawyer, rules Supreme Court

Additional reporting by Zaheena Rasheed

Any individual with a lawyer license, including judges and MPs, will be allowed to vote in electing a lawyer to the ten member judicial oversight body, the Supreme Court has ruled on Monday.

The order voids a clause in new regulations compiled by the Attorney General’s office which prohibits judges and parliamentarians from participating in the vote to elect a lawyer to the Judicial Services Commission (JSC).

The JSC is comprised of the Speaker of the People’s Majlis, a Supreme Court judge elected by the bench, a High Court judge elected by the judges of the High Court, a judge of the lower courts elected by the judges of the lower courts, an MP elected by the MPs, a member of the public appointed by the Majlis, a presidential appointee, the Attorney General, President of the Civil Service Commission and a lawyer elected from the licensed lawyers.

The order – signed by Chief Justice Ahmed Faiz Hussain – said lawyers do not lose their license despite serving in other professions. It further noted that the High Court had rescinded a Civil Court order of 2009 which prohibited judges from voting in the lawyer election.

Faiz advised against discrimination between licensed lawyers based on their profession, and ordered the state authorities to ensure all lawyers, regardless of their current positions, are able to vote in the election.

Speaking to Minivan News, lawyer Husnu Suood said the ruling compromised the independence of the legal profession.

“I feel that allowing judges to vote in the election of a member representing legal profession in JSC compromises the independence of the legal profession. It is high time that we expedite the enactment of the much awaited legal professional Act to ensure independence of the legal profession,” he said.

Meanwhile, Hassan Latheef said the Supreme Court’s ruling was “wrong” and appears to be an attempt to limit the space for lawyers to advocate on their behalf.

The lawyer slot must be occupied by a practicing lawyer, Latheef said pointing out that judges are not allowed to practice despite having licenses. Further, judges from the Supreme Court, High Court and lower courts already have designated slots in the JSC, he added.

Meanwhile, the Attorney General’s office has extended the application deadline – set to expire at 2 pm today – to Monday (June 30).

Latheef said the extension may allow judges or MPs to apply for the lawyer slot.

“If they can vote, they probably can stand for the position? This undermines the spirit of the whole election,” he said.

The election is currently scheduled for July 13.

Minivan News was unable to contact AG Mohamed Anil at the time of press.

At present, AG office lawyer Ahmed Rasheed represents the lawyer community on the JSC.

The four lawyers who have applied for the position are former deputy Prosecutor General Hussein Shameem, Mohamed Fareed, Anas Abdul Sattar and Mohamed Faisal.

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JSC lawyer to be elected under new regulations

The Attorney General’s Office has compiled new regulations to elect a member to represent lawyers for the ten-member judicial oversight body.

The regulations publicised on Sunday set new qualifications for a lawyer to stand for the Judicial Services Commission (JSC). A lawyer must be above 25 years of age, and must not hold political party membership or a criminal record.

Further, if a lawyer has completed a five year term previously, they will not be eligible to stand again.

The election will be held at the AG office. The office will give ten days notice to all lawyers before elections take place. Polls will be open from 8:30am – 4: 30pm on election day. If the date falls during the month of Ramadan, polls will be open from 9:30am – 3:30pm.

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Only one qualified candidate in call for 27 magistrates

The Judicial Services Commission called for 27 magistrates in March, but said only one of the 12 applicants qualified for the magistrate position

Ahmed Saeed Ali of Noonu Atoll Fohdhoo Island took his oath of office today and has been appointed as the magistrate of Noonu Atoll Velidhoo Island Court.

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