Tag: supreme court

New regulations require Supreme Court permission for attending overseas events

The Supreme Court has formulated new regulations making it mandatory for judges and judicial employees to seek permission to attend overseas workshops, seminars, conferences, or training programmes.

Made public yesterday (May 20), the regulations (Dhivehi) require judges and staff to submit an “overseas travel permission” form to the Supreme Court for approval if expenses are provided from the judiciary’s budget or by a foreign party.

The regulations appear to lend credence to what critics regard as the increasing centralisation of judicial administration, with the potential effect of compromising independence and increasing tension within the system.

Should permission for overseas travel be granted, the regulations state that a second form providing details of expenses must be submitted to the Department of Judicial Administration, after which approval must also be sought from the Ministry of Finance and Treasury.

Moreover, a report must be submitted to the Supreme Court at the end of the trip.

The regulation also states that equal opportunity must be provided for judges and judicial employees to participate in overseas programmes while all expenses must be made in accordance with public finance rules.

The regulations, however, exempt overseas travel by judges and judicial employees for participation in workshops or seminars in their personal capacity, so long as expenses are not covered by the state.

“Centralising administrative decisions”

The Supreme Court stated that the rules were formulated under authority granted by articles 7, 141, and 156 of the constitution.

While Article 141(b) states that the Supreme Court “shall be the highest authority for the administration of justice in the Maldives,” Article 156 states, “The courts have the inherent power to protect and regulate their own process, in accordance with law and the interests of justice.”

Referring to the articles, the Supreme Court earlier this month introduced new regulations requiring the Department of Judicial Administration (DJA) to function under its direct supervision.

The DJA – tasked with management of the courts – was formed by the Judicial Service Commission (JSC) in October 2008 to replace the Ministry of Justice following the adoption of the new constitution.

While the DJA was to function under the JSC, in December 2008 the Supreme Court brought the department under its control before the Judicature Act in 2010 transferred the DJA to the new Judicial Council.

The Judicial Council was subsequently abolished by the Supreme Court in late 2010, however, in a ruling that struck down the relevant articles of the Judicature Act.

The apex court’s move to cement control over judicial administration is in contravention to the constitutional concept of the independence of courts, former JSC member Aishath Velezinee told Minivan News earlier this month.

The new regulations were the culmination of a “systematic takeover” of the DJA, she contended, as the department “should stand as an independent institution solely facilitating administration of the courts.”

In a comprehensive report on the Maldivian judiciary released last year, United Nations Special Rapporteur Gabriela Knaul wrote that “the dissolution of the Judicial Council and the direct control of the Supreme Court over the Department of Judicial Administration have had the effect of centralising administrative decisions in the hands of the Supreme Court.”

“This has undoubtedly contributed to the strong impression that lower courts are excluded from the administration of justice and decision-making processes,” the report stated.

Knaul also expressed concern with reports of the Supreme Court “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. Such misinterpretation of the independence of the judiciary needs to be urgently resolved both with regard to the public perception of the judiciary and the internal functioning of the justice system,” she advised.

“The Special Rapporteur heard several complaints about internal tensions in the judiciary, where lower courts are left with the feeling that the Supreme Court only works for its own interests, without taking into account the situation of other judges and magistrates.”

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Maldives’ criminal justice system no longer delivers justice, says MDP

The opposition Maldivian Democratic Party (MDP) has said the criminal justice system in the Maldives has stopped delivering justice, expressing concern over the “awe-inspiring things” that are happening to cases involving Supreme Court Judge Ali Hameed

In a statement issued today, the party said that investigators and the court are acting in a bizarre way when dealing with the accusations concerning Judge Hameed being blackmailed, and engaging in sexual misconduct with prostitutes.

The MDP highlighted the fact that the police have suspended investigations in to Hameed’s sexual misconduct, his potential blackmail and his suspected sex videos, and that Judicial Service Commission had stopped pursuing all cases against the judge.

It was also noted that the criminal corruption case against him is on hold after a coffee spill over the case documents.

The statement said that these incidents of failing to investigate or prosecute Judge Hameed were a clear indication of the status of the Maldives’ criminal justice system.

“Such a judge sitting on the supreme court bench is not recognised by any judicial or legal system in the world. And surely it is the general public who are facing injustice because of this,” MDP has said.

Images and symbols depicting scenes from the sex-tape formed a prominent part of protests against the court’s repeated interference in the presidential election of 2013, serving to further undermine the court’s public credibility.

In the statement the party accused the President Abdulla Yameen’s government of desiring to keep a “blackmailed judge” on the Supreme Court bench as a tool to legitimise coup d’etats, unlawful activity carried out by the government and to cancel legitimate elections.

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Sun Shiyam’s alcohol possession trial delayed again

The second hearing in the alcohol possession and smuggling trial of Maldives Development Alliance (MDA) leader and MP Ahmed ‘Sun’ Shiyam has been cancelled for the third time in two months.

According to the Criminal Court, a scheduled hearing was cancelled today as the court was unable to deliver the summons chit.

Media reports that the presiding judge has been changed have today been denied by the court.

In March 2012, customs officers at Ibrahim Nasir International Airport (INIA) discovered a bottle of alcohol in the MP’s luggage. After a police investigation, the case was forwarded to the Prosecutor General’s (PG) Office in August 2012 before being returned to police due to incomplete information.

The relative speed at which cases related to opposition MPs have travelled through the justice system prompted the Maldivian Democratic Party to seek a no-confidence motion against then PG Ahmed Muizz.

Muizz’s subsequent resignation last November has indirectly led to the current crisis in the country’s courts.

Shiyam was eventually charged – more than a year later – although a hearing scheduled for November 7 2013 was cancelled after a summons chit was not delivered to Shiyam.

The Criminal Court subsequently ordered police to present the MP in court, after which he appeared for the first hearing on March 13, 2014.

With local media reporting that Shiyam was kept in the guest area of the court – unlike other suspects – Shiyam denied the charges and requested more time to research the case.

A scheduled hearing for April 10 was again cancelled due to Shiyam’s absence from the capital, with the rescheduled hearing also cancelled as the court was unable to deliver the chit.

An unannounced hearing was attempted on March 27 prior to these official hearings, while Judge Ahmed Sameer Abdul Aziz – who is presiding over the case – was on leave. Citing an anonymous source at the court, local media outlet CNM reported that Criminal Court Chief Justice Abdullah Mohamed was behind this attempt.

“[Criminal Court Chief] Justice Abdulla [Mohamed]was to finish the case. In this regard he sent summoning chits to witnesses while they have not even been presented [by the state], and tried to hold a hearing today at 10am,” CNM quoted the official as saying.

The attempt eventually failed after after a number of court officials were absent from work, CNM was told.

While the case was not on the hearing schedule published on their official website, the court’s spokesperson told CNM such arrangements were not unlawful.

Replacing the judge

Meanwhile local media has reported that the court has now replaced Judge Abdul Aziz with Judge Shujau Usman upon Shiyam’s request.

The Criminal Court has denied these reports, saying that today’s hearing had also been scheduled to be conducted by Judge Abdul Aziz.

The media has published contents of a letter attributed to Shiyam which requests the removal Judge Abdul Aziz from the case stating the he has a personal grudge against the Meedhoo MP.

The letter, dated 24 April 2014, and addressed to to Chief Justice Ahmed Faiz is said to states that, during the first hearing, Judge Abdul Aziz displayed hand gestures and facial expressions which suggested the possibility of acting impartially against Shiyam.

It stated that Judge Abdul Aziz was also displeased with the MDA leader following his complaints, and that Shiyam had received information the judge may be considering a hastened and strict verdict against him.

The letter described the case against Shiyam as “a devious plot by some powerful people” and a politically motivated lie invented by Shiyam’s enemies.

If found guilty, Shiyam could lose his seat in the parliament as per Article 73(c)(2) of the constitution which states that members will be disqualified upon receiving a criminal sentence of more than twelve months would.

Import and possession of alcohol without a special permit form the Ministry of Economic Development is is a criminal offence in the Maldives. The penalty for the crime under the Unlawful Imports Act is 1-3 years imprisonment, banishment or a fine between MVR1000 – 5000.

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President Yameen defends nomination of Maumoon Hameed for prosecutor general post

President Abdulla Yameen has defended the nomination of his nephew Maumoon Hameed to the vacant post of prosecutor general (PG), announcing his intention to nominate the lawyer to parliament for a second time.

Parliament rejected Hameed – son of former Atolls Minister Abdulla Hameed – on April 14 after the nominee fell three votes short of securing parliamentary approval.

Addressing supporters in the Feydhoo ward of Addu City last night (May 18), President Yameen insisted that Hameed was chosen based on competence and qualification rather than family connection.

“I don’t want in any case for the People’s Majlis to appoint Maumoon Hameed to the post of Prosecutor General  because he is my brother or a member of my family,” Yameen said.

“But even tonight, I want to say proudly, standing before the public, that yes, it is true, there are educated and competent persons in my family. They want to serve the Maldivian government and the Maldivian people. They will be brought before the law when they violate the law. I am sending Maumoon Hameed’s name [to parliament] this time as well.”

He added that he wished for parliament to approve “approve a trustworthy and experienced person as prosecutor general.”

Opposition members of the Majlis involved in the previous approval process have suggested that he had failed to meet the oversight committee’s assessment criteria, suggesting that he had shown a poor understanding of current legal issues concerning the country’s legal system.

Yameen observed that the nomination of his nephew has been the subject of criticism in the media, noting that the names of other applicants would be forwarded to parliament as well.

Earlier this month, the President’s Office invited applications for the PG post for a third time after too few candidates put forward their names.

President’s Office Spokesperson Ibrahim Muaz revealed this week that the applicants included four judges in addition to former Tourism Minister Mariyam Zulfa and state prosecutor Aishath Fazna Ahmed.

The PG’s post has been vacant since November following the resignation of Ahmed Muiz ahead of a scheduled no-confidence motion in parliament.

The criminal justice system was meanwhile temporarily brought to a halt with the resignation on May 4 of Deputy Prosecutor General Hussain Shameem – who had been fulfilling the responsibilities of the PG – citing “obstruction” by the Criminal Court.

In the wake of Shameem’s resignation, state prosecutors refused to attend trials in the absence of both the PG and his deputy. However, the prosecutors resumed work after a week-long hiatus following a Supreme Court order last week.

18th People’s Majlis

Following parliament’s rejection of Hameed last month, opposition Maldivian Democratic Party (MDP) Spokesperson Hamid Abdul Ghafoor suggested that the failure to secure a simple majority of 39 votes was down to either poor organisation on the part of the ruling Progressive Party of Maldives (PPM) or a sign of discord within the governing coalition.

“MP Gasim Ibrahim [Jumhooree Party leader] was openly lobbying against the PG nominee 30 minutes before vote but voted with PPM,” Hamid claimed, noting the conspicuous absence of a number of prominent government-aligned MPs for the vote.

Hamid predicted that Maumoon Hameed’s name would be resubmitted to the newly-elected parliament as the Progressive Coalition secured a comfortable majority in the March 22 polls.

Tension has however arisen between the PPM and coalition partner JP over the post of speaker. While Gasim announced his intention to stand for the post, President Yameen said the speaker should be a member of the ruling party as it won the most number of seats in the 18th People’s Majlis.

The Progressive Coalition won a combined total of 53 seats in the March 22 parliamentary polls, well above the simple majority of 43 required to approve presidential nominees and pass legislation.

In his speech last night, President Yameen strongly criticised the outgoing parliament, reiterating the importance of parliament’s cooperation for implementing the government’s policies and carrying out infrastructure projects.

“I want a member of our party to become speaker of the People’s Majlis in this term. I don’t want a member of another party to hijack our party,” he said.

Speaking at the function, former President Gayoom also said that the PPM needed to ensure public backing for the government.

“The government needs the sincere support of the Maldivian people at this time. We can provide that support to the government by increasing the number of members in our party,” he said.

The PPM leader launched a recruitment drive to increase party membership earlier this month.

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Week in review: May 10 – 16

The reverberations of the the deputy prosecutor general’s resignation continued to be felt across the criminal justice system this week.

Despite the Supreme Court’s order for confused state prosecutors to return to work, the majority of cases continued to be cancelled as the courts struggled to adjudicate on the leadership vacuum at the PG’s Office.

This confusion was typified by Drug Court Judge Mahaz Ali, who expressed his disagreement with the government’s suggestion that a ‘state of necessity’ existed, enabling the most senior state prosecutor to assume the office’s responsibilities.

While the Supreme Court announced the formation of a committee to review current judicial laws, the judicial watchdog said it would look into Judge Mahaz’s blogging.

Further examination into a large crack in the Meedhoo Island reef will be required as experts admitted that the long-term effects of the 13 metre fissure were unknown.

The discovery was made amid a mammoth 20 hectare reclamation project on the island conducted by Boskalis International. The Dutch company – currently conducting numerous projects in the country – came under this fire week for what local NGOs have called “environmental crimes” during its recent dredging activities.

The accusations did not stop authorities mooting Boskalis as the likely partner for the government’s second reclamation phase of the Hulhumalé development project.

Speaking at the launch of another Boskalis project in Thulusdhoo, President Abdulla Yameen urged the Anti-Corruption Commission to expedite stalled cases concerning infrastructure projects.

Reclamation projects could take on a new urgency should this week’s prediction from climate change experts prove true, as it was revealed that the collapse of antarctic glaciers has the potential to increase sea levels by 1.2 metres in coming centuries.

The completion of a Japanese sponsored solar energy project this week will be scant consolation to pessimists.

Pessimism regarding the buoyancy of the country’s democracy was evident in Transparency Maldives ‘Democracy at Crossroads’ survey this week which revealed extraordinarily high levels of cynicism within the electorate.

Skepticism was also evident at the Human Rights Commission’s ‘National Inquiry on Access to Education for Children with Disabilities’ as parents questioned the state’s efforts to provide education to all.

The Capital Market Development Authority meanwhile was optimistic that the country can be developed into a global financial centre, while the Maldives Monetary Authority (MMA)warned that further fiscal “slippages” would undermine the country’s debt sustainability.

The prospect of increased wage expenditure by the government receded once more, however, as the president returned the pay commission bill to the Majlis for the third time this week.

The MMA’s warning was not enough to prevent President Yameen pledging MVR1 million to the national football team, should it reach the last four of the AFC Cup – scheduled to start in Malé and Addu next week.

Visiting football fans who take a liking to the country’s southernmost atoll will soon be able to return to stay in one of the 2000 guesthouse beds that Addu City Council aims to develop via its Guesthouse Tourism Promotion Board.

Finally, suggestions by the US State Department that Maldivian authorities were aware of funds being raised for terrorism abroad were rejected, as were the Maldivian Democratic Party’s suggestions that the extremist ideologies were becoming prevalent within the security services.

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Majority of criminal trials cancelled for third day

Majority of criminal trials have been cancelled for the third day over legal issues caused by an ongoing leadership vacuum at the independent Prosecutor General’s (PG) Office.

State prosecutors ended a weeklong strike on Tuesday and started attending trials following a Supreme Court ruling, but the majority of hearings were cancelled for the third day today as courts remain unclear on how to interpret the ruling.

The strike came in response to acting PG Hussein Shameem’s resignation and brought the criminal justice system to a halt.

Prosecutors said they were in a “legal void” and expressed concern over lack of accountability in the absence of a PG or deputy PG.

However, the Supreme Court’s ruling on Monday ordered prosecutors to resume work “without any further excuse” claiming there was no legal basis for them evading responsibilities handed over by the prosecutor general or his deputy.

Subsequently, the Criminal Court on Tuesday said it would only proceed with cases if prosecutors had a document signed by the leadership authorising them to represent the state in a specific case.

However, local media said the courts were in disarray with only some judges following the policy.

In response, Chief Justice Ahmed Faiz Hussein sent a letter to Criminal Court Judge Abdulla Mohamed stating that cases should proceed if prosecutors were authorised by the senior most official at the PG office to represent the state.

Faiz reminded the Criminal Court that its ruling said the criminal justice system must not come to a halt.

The Supreme Court in its ruling said the country was in a “state of necessity” where extra legal actions by the government could be deemed lawful.

However, critics have said the state of necessity argument could only be valid if either the executive and legislative branches were in a situation where they cannot carry out their constitutional duty and approve a new PG.

Former PG Ahmed Muizz resigned in November 2013 shortly before a vote of no confidence at the People’s Majlis.

The People’s Majlis rejected President Abdulla Yameen’s first choice – his nephew Maumoon Hameed – for the job in March.

Deputy PG Shameem headed the office for five months in the absence of a PG, but resigned on May 6 citing the Criminal Court’s “obstruction” of criminal justice.

In his resignation statement, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

Shameem called on the state to approve a new candidate immediately, but Yameen has said he will only submit a new nominee to the newly elected parliament, which is set to convene on May 28. The ruling coalition enjoys a healthy majority in the new Majlis.

The current Majlis is in recess, but Speaker Abdulla Shahid has said an extraordinary session could be scheduled on the request of one-third of sitting MPs.

Local media has today revealed that seven candidates have applied for the vacant PG’s position. The third call for applications were closed today at 3pm.

Former attorney general and President of the Bar Association Husnu Suood said the apex court’s ruling might allow the status quo to continue indefinitely.

“I am saddened the Supreme Court did not allocate a time period in which the president and parliament must appoint a new PG. The way to uphold the constitution, the real solution to this problem, is to appoint a new PG as soon as possible,” he said.

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State prosecutors end work stoppage

State prosecutors have ended a week long work stoppage following the Supreme Court’s ruling yesterday ordering them to return to work “without any further excuse.”

Although the Criminal Court scheduled trials as normal today, it was forced to cancel a majority of hearings, local media have reported.

In the absence of a prosecutor general (PG) and a deputy PG, prosecutors do not have documents authorising them to represent the state at trials.

President of the Maldives Bar Association Husnu Suood believes prosecutors may simply be paying lip service to the order, and that little progress can be made in cases during the current situation.

Both Criminal Court officials and Juvenile Court officials told local media that hearings would only proceed in cases where a prosecutor had a document signed by the PG or deputy PG assigning the specific case to them.

Suood told Minivan News that trials would be slow to pass through the Criminal Court as state prosecutors “cannot take any decisions.”

Suood also warned that the credibility of any trials in the criminal court will be hampered, and that the return to work may just be paying lip service to the Supreme Court’s order.

“They are appearing for the sake of appearing, there won’t be much progress in the trials,” he said.

In a letter to President Abdulla Yameen on Sunday, prosecutors had expressed similar concerns over accountability and integrity stating they were not legally authorized to make decisions in the absence of a PG.

However, the Supreme Court’s ruling yesterday said the country was in a “state of necessity” where extra legal actions designed to restore order could be deemed constitutional.

The apex court also said prosecutors must return to work to ensure the criminal justice system functions under the continuity of government principle.

Former PG Ahmed Muizz appointed Hussein Shameem to the position shortly before he resigned ahead of a no confidence motion in November 2013. Shameem had previously held the position from 2009 – 2012.

Although the Prosecutor General’s Act requires the appointment of a new PG within 30 days of vacancy, Shameem headed the office for over five months.

He resigned on May 5, criticising the Criminal Court’s obstruction of criminal justice.

President Yameen has said he is waiting until the new parliament, in which ruling coalition holds a majority, convenes on May 28 to submit a new nominee.

The current Majlis – in recess before the end of its term – rejected the president’s nephew Maumoon Hameed for the position in March.

Critics including Drug Court Judge Mahaz Ali have previously claimed the state of necessity argument to be invalid as long as the responsible authorities — president and parliament — are able to carry out their duties.

Any trials of criminal cases in the absence of a prosecutor general (PG) and a deputy PG violates the constitution, Drug Court Judge Mahaz Ali argued.

In his resignation statement, Shameem highlighted the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

“These issues obstruct the proper functioning of the criminal justice system. I am deeply saddened to note the extreme delay on the part of those who have the power to address these issues,” he said.

The Criminal Court spokesman refused to comment on the issue when contacted by Minivan News today.

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Supreme Court orders prosecutors to resume work “without any further excuse”

Invoking its powers as the highest authority for administration of justice, the Supreme Court has today ordered state prosecutors to return to work “without any further excuse.”

Lawyers at the Prosecutor General’s (PG) Office have been on strike since acting PG Hussein Shameem’s resignation on May 6, forcing the Criminal Court to cancel all criminal hearings.

However the apex court in a ruling today ordered prosecutors to attend trials, stating “[T]here is no legal basis to allow any actions that violate societal rights and disrupt the peace in a democratic society under sovereign rule, and it is essential that the criminal justice system continues to function, for as long as the Maldivian state continues, to uphold the rule of law and protect state and citizens’ rights.”

The ruling comes a day after prosecutors sent a letter to President Abdulla Yameen expressing concern over lack of accountability mechanisms in the PG’s absence, and disagreeing with the Attorney General’s (AG) opinion that the senior most official in the office must take over the PG’s constitutional obligations.

AG Mohamed Anil had claimed the leadership vacuum had caused a “state of necessity” where extra legal actions committed by the state to restore order could be deemed constitutional.

The Supreme Court concurred with Anil’s advise and added state prosecutors must resume work to ensure the criminal justice system functions without stop under the principle of continuity of government.

However, former AG and President of the Bar Association Husnu Suood said the apex court’s ruling might allow the status quo to continue indefinitely.

“I am saddened the Supreme Court did not allocate a time period in which the president and parliament must appoint a new PG. The way to uphold the constitution, the real solution to this problem, is to appoint a new PG as soon as possible,” he said.

President Yameen has said he is waiting until the new parliament, in which ruling coalition holds a majority, convenes on May 28 to submit a new nominee.

The current Majlis – in recess before the end of its term – rejected the president’s nephew Maumoon Hameed for the position in March.

The Supreme Court had invoked both the state of necessity and continuity of government principles to legalise former President Dr Mohamed Waheed’s decision to stay on as president despite the end of his term on 11 November 2013.

Critics including Drug Court Judge Mahaz Ali have previously claimed the state of necessity argument to be invalid as long as the responsible authorities—president and parliament—are able to carry out their duties.

“A state of necessity is faced only when all legal avenues have been exhausted. In the current situation, the solution is to appoint a new prosecutor general. The current People’s Majlis is not in a situation where it cannot carry out its duties,” wrote the judge on his personal blog.

“The authority that must nominate a candidate [the President] is able to do so. Unless these two parties are in a state in which they cannot carry out their constitutional duties, a state of necessity will not be faced in the prosecutor general’s case.”

State prosecutors’ failure to follow the Supreme Court’s ruling may result in disobedience to order and contempt of court charges.

The Supreme Court in March stripped Elections Commission (EC) President Fuwad Thowfeek and Vice President Ahmed Fayaz of their membership for alleged contempt of court and disobeying the court’s rulings.

The EC was brought to trial under new regulations that allow the Supreme Court to initiate proceedings, prosecute and pass judgment.

Shameem had resigned citing the Criminal Court’s “obstruction” of criminal justice by failing to prosecute foreigners involved in drug trafficking, delaying rulings on drug related offenses and presenting“unreasonable obstacles” in filing cases at the court.

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State prosecutors push president for action on criminal justice crisis

State prosecutors today urged President Abdulla Yameen to bring an end to the criminal justice crisis caused by the leadership vacuum at the Prosecutor General’s (PG) Office.

The ongoing work stoppage at the office has brought the criminal justice system to a halt and prosecutors have refused to attend court following acting PG Hussein Shameem’s resignation last week.

In a letter to the president, prosecutors called for the immediate appointment of a new PG, arguing “[J]ust because we are the PG office’s staff, we do not believe we are authorised to perform the constitutional obligations of the prosecutor general.”

Yameen had previously said he would only submit a new nominee for parliamentary approval when the newly elected People’s Majlis convenes on May 28.

The president’s previous choice for the role—his nephew Maumoon Hameed—failed to gain the required number of votes in parliament last month. In contrast to the current Majlis, pro-government parties will enjoy a health majority in the 18th Majlis.

In their letter, prosecutors disagreed with Attorney General Mohamed Anil’s advice that the most senior official at the office must now take over the PG’s responsibilities. Anil had justified his opinion claiming the country was in a “state of necessity”—a situation where extra-legal actions by state actors, designed to restore order, are deemed constitutional.

However, prosecutors said the state of necessity argument was not valid as long as the Majlis and the president were capable of performing their constitutional duties.

“If there is a state of necessity, the [state] must appoint a prosecutor general according to the law, instead of appointing a party, whose legal status will be questionable, to the job” the letter noted.

“We do not believe we can be forced to act outside established laws,” the prosecutors went on, claiming the constitution and the PG Act does not allow a third party to take over the PG’s responsibilities.

Questionable legal status

Quoting the PG Act, the prosecutors said the only party authorised to carry out the office’s responsibilities was the Deputy PG, while any other work can only be carried out to the extent stated by the leadership.

If a third party were to take over, there were no legal provisions to hold them accountable or ensure their work is impartial, they noted.

“The public must have the assurance that a third party will work without bias, and that accountability mechanisms are in place. This is because the PG’s work is directly connected to public rights,” the letter stated.

Prosecutors also stressed that there must be no question regarding the legal status of PG office representatives in the courtroom given the serious nature of criminal cases.

“Any case the prosecutor general files involves the legal rights of the defendant and their families. It further involves the rights of those who have been physically, psychologically, and financially harmed, victims of sexual and inhumane crimes, and rights of their families. It involves the public interest,” the letter said.

Although the Supreme Court has said criminal trials can continue in the absence of a PG, Druge Court Judge Mahaz Ali has said such trials would be unconstitutional.

Meanwhile, the Bar Association and the opposition Maldivian Democratic Party (MDP) have called for the immediate appointment of a prosecutor general through the current Majlis to end the crisis.

Shameem resigned on May 6 citing the Criminal Court’s “obstruction” of criminal justice.

In his resignation statement, he said he was unable to fulfill his duties due to the Criminal Court’s failure to prosecute foreigners involved in drug trafficking, delays in issuing rulings on drug related offenses, and “unreasonable obstacles” in filing cases at the court.

The President’s Office put out a third call for names this week, claiming the previous number of applicants had been low during the second call. Shameem had expressed interest in the position both times, while local media has speculated that a third call will allow Hameed to resubmit his application.

Office spokesman Ibrahim Muaz told Minivan News that there was, as yet, no official response to the letter sent by state prosecutors.

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