International bodies send open letter urging President Muizzu to reverse dismissal of Supreme Court judges

International bodies including the Commonwealth Lawyers Association (CLA) sent an open letter to Maldivian President Dr. Mohamed Muizzu on Wednesday, urging him to suspend the impeachment of Supreme Court judges, which took place in May amid reports of serious procedural concerns, specifically that the disciplinary proceedings had not been conducted fairly or transparently.

On February 26, Supreme Court judges Dr. Azmiralda Zahir, Mahaz Ali Zahir and Husnu Al-Suood were suspended by the Judicial Service Commission (JSC), citing an ongoing investigation by the against them by the Anti-Corruption Commission (ACC). All three were hearing a case challenging the controversial move by the ruling People’s National Congress (PNC) – who hold a supermajority in the Parliament - to write anti-defection clauses into the Maldivian constitution.  It also came shortly after the ruling PNC used its supermajority in the Parliament to push through amendments to the Judicature Act to downsize the Supreme Court bench from seven to five justices - a bill that was later tabled following public backlash.

Suood resigned from the top court in protest of JSC’s decision, and the commission later opened misconduct cases against Azmiralda and Mahaz, accusing them of conspiring to influence the Criminal Court. Azmiralda and Mahaz - both of whom claim that the allegations against them are baseless and that the investigations by the JSC were tainted by the denial of due process to them - were dismissed by the Parliament with majority votes of 68-11 on May 14.

Four international bodies – the CLA, the Law Association for Asia and the Pacific (LAWASIA), the Bar Association of India (BAI), and the Nepal Bar Association (NBA) – shared an open letter addressed to President Muizzu on Wednesday, in which they expressed “deep concern about recent events in the Maldives that undermine the independence of the judiciary, the rule of law, and the fair administration of justice.”

They expressed concern that the Parliament voted to impeach Azmiralda and Mahaz without addressing the concerns raised by the Bar Council of Maldives and other international bodies, including themselves.

They stressed that the removal of sitting Supreme Court judges without ensuring a credible, fair, and impartial process, “undermines public confidence in the judiciary and poses a serious threat to the constitutional order.”

The international bodies urged the Maldivian government to:

• Immediately suspend the impeachment of Azmiralda and Mahaz Ali Zahir, and;
• Create a fair and transparent procedure for any removal of judges that adheres to international standards.

In the letter, the associations reminded President Muizzu of the Basic Principles on the Independence of the Judiciary, which state that:

• It is the duty of all governmental and other institutions to respect and observe the independence of the judiciary.
• A charge or complaint made against a judge in his/her judicial and professional capacity shall be processed expeditiously and fairly under an appropriate procedure.
• Judges shall be subject to suspension or removal only for reasons of incapacity or behavior that renders them unfit to discharge their duties.
• All disciplinary, suspension or removal proceedings shall be determined in accordance with established standards of judicial conduct.

The associations said they remain hopeful that the Maldivian government will take meaningful steps to restore confidence in the rule of law and the independence of the judiciary. 

The open letter urging the suspension of the impeachment of Azmiralda and Mahaz comes as the Parliament considers High Court’s sitting judge Mohamed Saleem and former judge Abdulla Hameed as their replacements at the Supreme Court. The duo, who were nominated by President Muizzu, received the backing of the Judiciary Committee earlier on Wednesday, and now face a floor vote.