other important bills including Evidence Act, Criminal Procedure Code, Civil Procedure Code,
Right to Information Bill, Witness Protection Act and Bill on Anti‐Torture is still pending in
the parliament. There is no legislation that defines discrimination. The only significant
improvement in the area of legislation since HRCM submitted its document for list of issues
for Committee on Civil and Political Rights (CCPR) in 2011 is the enactment of Domestic
Violence Act (DV Act) on April 23, 2012. The DV Act is an important step towards gender
equality and non‐discrimination in the Maldives.
84. The state should prioritize passing important legislations that are pending in the
parliament which are crucial for delivery of justice fairly, consistently and efficiently.
85. Often the judiciary is being subjected to inappropriate interference with the judicial process
compromising its ability to exercise its professional responsibilities with independence.
Furthermore, individual judges and judicial process are being publicly criticized by both the
executive and legislature which has an intimidating effect on them. Judges are concerned
over Maldivian media criticizing the judiciary without verifying the information they get,
which they believe, would lead to people having misconceptions about the judiciary. Below
are some known incidences of interference of the executive and the legislature with the
judiciary.
a) On January 16, 2012, Maldives National Defense Force (MNDF) arrested and
detained Chief Judge of Criminal Court on the orders of President and the
Minister of Defense and National Security, ignoring the Criminal Court, High
Court and the Supreme Court orders to release the judge. The Chief Judge was
kept in secret detention at a military training base and his whereabouts had
been concealed to the family for nearly 48 hours. The Judge was under military
custody till February 7, 2012.
b) On August 2, 2010, by the request of the President, Police surrounded the
Judicial Services Commission (JSC), blocking any member or its staff from
entering the commission. It was reportedly done to prevent the reappointment
of 160 judges before the August 7thdeadline when the commission revealed that
160 sitting judges have been made permanent after amending the criteria. The
Police Integrity Commission ultimately concluded that the Maldives Police
Service was negligent in cordoning off the JSC in this manner.35
c) On August 7, 2010, the President unilaterally declared the Supreme Court bench
defunct. He issued a decree appointing a four member temporary appellate
bench to oversee administrative aspects of the Supreme Court.36
Chapter: Article 14: Equality before the Law & Article 26: Legal Protection of the Law
Interference and Influence
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