Abusive judicial discretion in the Maldives
The Maldivian judiciary has restricted the media’s right to report court proceedings, undermined the autonomy of independent bodies, and arbitrarily disbarred lawyers, writes Shamsul Falaah.

13 May 2017, 9:00 AM
Constitution of the Republic of Maldives, II (2008)
Id. at 5,6,7.
Id. at 4.
Id. at 8, 268.
Id. at 26.
Id. at 42, 141, 142.
Id. at 144.
Id. at 28.
Courts have banned journalists from covering the court hearings, in some cases, such journalists are from a particular news agency. The International Federation of Journalists (IFJ), Three journalists detained while covering protests in the Maldives, March 30, 2015, http://www.ifj.org/nc/news-single-view/backpid/33/article/three-journalists-detained-while-covering-protests-in-the-maldives/ (last visited Nov 2, 2016); Asian Forum for Human Rights and Development (FORUM-ASIA), The Maldives: Arrest of Journalists Condemned; Protect Freedom of Press Asian Forum for Human Rights and Development (FORUM-ASIA) (2016), https://www.forum-asia.org/?p=20529 (last visited Nov 2, 2016); Shafaa Hameed, Raajje TV latest to be banned from criminal court, Maldives Independent, March 6, 2016, http://maldivesindependent.com/politics/raajje-tv-latest-to-be-banned-from-criminal-court-122591 (last visited Nov 2, 2016).
Constitution of the Republic of Maldives, supra note 1 at 27.
Id. at 42.
Suo Moto Case Against the Elections Commission, (2014) This was the first Suo Moto case in the Maldivian apex court. This Suo Moto case was initiated only after a month after the Supreme Court had framed the regulations on Suo Moto cases.
The sentence was suspended for three years. Id.
Commonwealth Observer Group, Maldives People’s Majlis election, 22 March 2014. 18 (2014); United Nations News Centre – Maldives Supreme Court undermining democratic process – UN rights chief, UN News Centre (2013), http://www.un.org/apps/news/story.asp?NewsID=46375#.WBkH2MlFoqR (last visited Nov 1, 2016).
United Nations News Centre – Maldives Supreme Court undermining democratic process – UN rights chief, supra note 14.
According to the Article 90(a) of the Constitution, no person shall be liable to any proceedings in any court, inquiry, arrest, detention or prosecution for anything said, produced, or submitted to the Majlis or to any of its committees. Constitution of the Republic of Maldives, supra note 1 at 90(a).
Id. at 177.
Suo Moto Case Against the Human Rights Commission of the Maldives, (2015).
The SC also ordered the HRCM to refrain from repeating the act of providing false information about the SC and the judiciary. Id.
Human Rights Commission of the Maldives (HRCM), HRCM Submission to the Universal Periodic Review of the Maldives 1–14 (2014), http://www.hrcm.org.mv/Publications/otherdocuments/UPR_submission_Sept_2014.pdf (last visited Nov 2, 2016).
This approach of issuing guidelines was first started in the controversial case which nullified the first round of the Presidential election of 2013. See Jumhooree Party v Elections Commission, (2013).
See Guideline 8 Suo Moto Case Against the Human Rights Commission of the Maldives, supra note 18 at 15.
Constitution of the Republic of Maldives, supra note 1 at 189; HUMAN RIGHTS COMMISSION ACT, 20, 21, 22 (2006).
HUMAN RIGHTS COMMISSION ACT, supra note 23 at 27.
Maldivian Democratic Party, MDP Raises Concern Over Supreme Court Verdict Undermining the HRCM (2015), http://mdp.org.mv/archives/70155 (last visited Nov 2, 2016); Minivan News, The Supreme Court’s “power grab” (2015), http://minivannewsarchive.com/politics/outrage-over-supreme-court-guideline-for-human-rights-watchdog-99876#sthash.0MG3oxZp.dpbs (last visited Nov 2, 2016); Ahmed Naish, Human rights watchdog defends restrictions imposed by Supreme Court (2016), http://maldivesindependent.com/politics/human-rights-watchdog-defends-restrictions-imposed-by-supreme-court-123077 (last visited Nov 2, 2016).
International Service for Human Rights (ISHR), Maldives: Withdraw charges and end reprisals against national human rights commission ISHR (2014), http://www.ishr.ch/news/maldives-withdraw-charges-and-end-reprisals-against-national-human-rights-commission (last visited Nov 2, 2016); International Service for Human Rights (ISHR), Reprisals | Groundbreaking legal proceedings filed against the Maldives (2016), https://www.ishr.ch/news/reprisals-groundbreaking-legal-proceedings-filed-against-maldives (last visited Nov 2, 2016); UN High Commissioner for Human Rights, Supreme Court judgement gravely undermines Maldives Human Rights Commission – Zeid (2015), http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16106&LangID=E (last visited Nov 2, 2016); United Nations News Service Section, Maldives court decision undermines human rights protections in country, warns senior UN official UN News Service Section (2015), http://www.un.org/apps/news/story.asp?NewsID=51205#.WBlG7clFoqR (last visited Nov 2, 2016); International Service for Human Rights (ISHR), supra note; Office of the United Nations High Commissioner for Human Rights (OHCHR), Maldives: UN experts urge Supreme Court to reconsider decision against Maldivian Human Rights Commission (2015), http://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=16101&LangID=E (last visited Nov 2, 2016); Asia Pacific Forum, Supreme Court decision undermines human rights protections | Asia Pacific Forum (2015), http://www.asiapacificforum.net/news/maldives-supreme-court-decision-undermines-human-rights-protections/ (last visited Nov 2, 2016).
UN High Commissioner for Human Rights, supra note 26.
Gabriela Knaul, Report of the Special Rapporteur on the independence ofjudges and lawyers on her mission to Maldives 16, 18 (2013), http://www.ohchr.org/Documents/HRBodies/HRCouncil/RegularSession/Session23/A-HRC-23-43-Add3_en.pdf.
Id. at 23.
The regulatory body of the legal profession which operates under the SC.
Deparment of Judicial Administration, Announcement (2016), http://judiciary.gov.mv/viewer.html?file=/documents/Iulaan/Iulan-198-L-2016-144-lawyers-husn-al-suood-ali-hussain-suspenstion.pdf (last visited Nov 2, 2016) Ali Hussain is also an MP and is active on social media criticising the judiciary and the government.
Supreme Court of the Maldives, Announcement of the Supreme Court of the Maldives (2016), http://www.supremecourt.gov.mv/mediafolder/press_release_31_october_2016(1).pdf (last visited Nov 2, 2016).