The UN Special Rapporteur on the independence of judges and lawyers, Margaret Satterthwaite, expressed concerns on Thursday over the suspension and disciplinary actions taken against three judges of the Supreme Court of Maldives. The UN expert indicated that these suspensions are aimed at preventing the Supreme Court from reviewing a constitutional amendment announced in November 2024.
The suspensions involve Justice Azmiralda Zahir, Justice Husnu Al Suood and Justice Mahaz Ali Zahir. According to Satterthwaite, this suspension is related to a constitutional amendment which established new defection conditions for members of Parliament. The amendment added a new subsection to Article 73 of the constitution, stating that a member will lose his parliamentary seat if he defects from his political party, joins a political party after being elected as an independent candidate, or voluntarily leaves or is expelled from his political party while in office.
Satterthwaite’s concerns deepened following the Maldives Parliament’s adoption of a bill to amend the Judicature Act on February 25. This bill reduced the number of Supreme Court judges from seven to five and required the Judicial Service Commission (JSC) to submit the names of two judges to be removed for incompetence. The following day, the Anti-Corruption Commission initiated investigations based on anonymous complaints against the three suspended judges, who allegedly opposed the proposed amendment to the Judicature Act. Following this, the JSC suspended these judges and initiated disciplinary proceedings against them.
Margaret Satterthwaite criticized the disciplinary actions against the suspended judges and asserted that these proceedings, along with the suspension, were unfair and lacked objectivity and impartiality. She also warned that they could interfere with the independence of the Supreme Court.
The UN’s concerns regarding the JSC’s decision to suspend the Supreme Court judges echoed those expressed by Transparency International. In its statement, the organization highlighted the rapidity with which the amendments to the constitution and the Judicature Act were made, noting that such changes would weaken internal democracy and erode public trust. Furthermore, Transparency International described the suspension of the Supreme Court judges as a political maneuver intended to influence the court’s hearings on the constitutionality of the amendments. The organization urged the Maldives government to reconsider the proposed amendments to preserve the integrity of the country’s democratic system. As for the UN, Satterthwaite stated that she remains in contact with the Maldives’ government regarding the announced measures.
