d) Maldivian National Defense Force (MNDF) confiscated the keys to the Supreme
Court pending the conclusion of the interim period of the Constitution and took
control of the Supreme Court premises.37
86. Some lawyers have expressed their concern to HRCM on the issue of Parliament influencing
the judiciary, in particular, the process of the appointment of the Supreme Court bench. The
lawyers suspected that the then governing party (Maldivian Democratic Party (MDP)) and
the main opposition party (Dhivehi Rayyithunge Party (DRP)) came into terms to appoint
equal number of judges to represent both parties on the bench..
87. The State party should be accountable for the inappropriate interference of the Executive
and Legislature to the Judiciary and make sure that no such interferences happen in the
future.
88. There are incidences where the executive, the legislature, as well as other authorities refuse
to respect and abide by the rulings and decisions of the judiciary, if the court rules against
them.
a) On January 16, 2012, Maldives National Defence Force arrested the Chief Judge
of Criminal Court of the Maldives, and refused to obey court orders from
Criminal Court, High Court and the Supreme Court to release the judge. The
Judge was kept in detention for 21 days without charge.
b) On 15 July 2010, Opposition Member of Parliament was detained by the
Maldives National Defence Force (MNDF) and placed under ‘protective custody’,
which was later pronounced as unconstitutional by Chief Judge of Civil Court. His
lawyers requested and obtained a writ of habeas corpus but the MDNF refused
to obey the court order.
c) In July 2010, police criticized in the media about the criminal court judges who
suspended two police lawyers due to contempt of court,38 as they represented
police in court cases of two Parliament Members.
89. The State party should take appropriate actions to ensure that court rulings are respected
by all citizens in the jurisdiction of the State without exception.
Chapter: Article 14: Equality before the Law & Article 26: Legal Protection of the Law
Non Abiding Court Rulings
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