Maldives: UN Expert Concerned By Suspensions And Proceedings Against Three Supreme Court Judges

GENEVA (17 April 2025) – A UN expert* today expressed grave concern over the disciplinary action and suspension of three Supreme Court judges – Justice Dr. Azmiralda Zahir, Justice Husnu Al Suood and Justice Mahaz Ali Zahir – reportedly to prevent judicial review of an amendment to the Maldives Constitution last November which introduced anti-defection measures for members of Parliament.

“I am concerned about a series of actions which, separately and in combination, appear to be aimed at undermining the Supreme Court’s judicial review of this amendment,” said Margaret Satterthwaite, the Special Rapporteur on the independence of judges and lawyers.

The Special Rapporteur noted with concern that on 25 February, a bill was adopted in Parliament to amend the Judicature Act and reduce the size of the Supreme Court bench from seven to five judges and require the Judicial Service Commission (JSC) to submit the names of two judges to be removed from the Supreme Court bench for incompetence.

Satterthwaite was also alarmed that on 26 February the President of the Anti-Corruption Commission informed the JSC that they were investigating anonymous complaints against the three judges who had taken strong positions during the earlier deliberations on the amendment. Furthermore, the three were suspended by the JSC and notified of the opening of separate disciplinary proceedings against them. One of the judges resigned in protest.

“The disciplinary proceedings brought against three of the Supreme Court’s Justices appear to violate the principle that judges can only be dismissed on serious grounds of misconduct or incompetence and in accordance with fair procedures guaranteeing objectivity and impartiality as provided for by the Constitution or the law,” the expert said. “The pressure of suspensions, disciplinary proceedings and investigations may amount to an interference in the independence of this institution.”

“I am concerned about the information received that Justice Dr. Azmiralda Zahir and Justice Mahaz Ali Zahir’s chosen counsel were not given the opportunity to speak at the disciplinary proceedings and that these were not public,” Satterthwaite said.

The Special Rapporteur is in contact with the Government of the Maldives regarding these allegations.

Note: 

*The expert: Margaret Satterthwaite, Special Rapporteur on the independence of judges and lawyers.

Special Rapporteurs/Independent Experts/Working Groups are independent human rights experts appointed by the United Nations Human Rights Council. Together, these experts are referred to as the Special Procedures of the Human Rights Council. Special Procedures experts work on a voluntary basis; they are not UN staff and do not receive a salary for their work. While the UN Human Rights office acts as the secretariat for Special Procedures, the experts serve in their individual capacity and are independent fromany government or organization, including OHCHR and the UN. Any views or opinions presented are solely those of the author and do not necessarily represent those of the UN or OHCHR.

Country-specific observations and recommendations by the UN human rights mechanisms, including the special procedures, the treaty bodies and the Universal Periodic Review, can be found on the Universal Human Rights Index https://uhri.ohchr.org/en/

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