HRCM Calls on State Institutions to Honour Constitutional and International Obligations
Supreme Court Justices’ chairs | Photo: Supreme Court
The Human Rights Commission of the Maldives (HRCM) has called on all state institutions to uphold the constitutional and democratic principles of the Maldives, adhere to its laws, respect the separation of powers, and fulfil their obligations to the international community.
In a press release issued today, the commission expressed grave concern over several pressing issues currently unfolding in the country. It criticised Parliament for passing an amendment to the Judiciary Act while the Supreme Court is still hearing a case concerning a constitutional matter. The commission also raised alarm over the conduct of the Judicial Service Commission (JSC) and the parliamentary judiciary committee in suspending two Supreme Court justices and later recommending their dismissal.
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The commission’s statements are about the parliament forwarding the JSC’s recommendation to dismiss the Supreme Court Judges Azmiralda Zahir and Mahaz Ali Zahir to its judiciary committee for further review on May 5. They were suspended from their positions, along with Justice Husnu Al-Suood, on February 26. Justice Suood has since resigned from the commission, citing intimidation and accusing President Mohamed Muizzu and the attorney general of using pressure tactics to force dismissals.
ނޫސްބަޔާން:
ދިވެހިރާއްޖޭގެ ސުޕްރީމް ކޯޓުން ހައްސާސީ ދުސްތޫރީ މައްސަލައެއް ބައްލަވަމުންދިޔަ ދަނޑިވަޅެއްގައި ދިވެހިރާއްޖޭގެ ކޯޓުތަކުގެ ޤާނޫނަށް 5 ވަނަ އިޞްލާޙު ގެނައުމުގެ ބިލު ރައްޔިތުންގެ މަޖިލީހުން ފާސްކުރެއްވުމާއި، ސުޕްރީމް ކޯޓުގެ ބައެއް ފަނޑިޔާރުން ސަސްޕެންޑްކުރެއްވުމާއި، ދެ… pic.twitter.com/SQEOaLe6eL— HRC of the Maldives (@hrcmv) May 13, 2025
The commission also highlighted that international conventions and treaties to which the Maldives is party—including those under the United Nations—emphasise the importance of judicial independence.
Quoting the United Nations Basic Principles on the Independence of the Judiciary (1985), the HRCM stated, “Every state must guarantee the independence of the judiciary. It is the responsibility of every state to uphold and respect this principle. No one shall interfere with the decisions of the judiciary. There should be no interference or coercion, as also enshrined in Article 141(c) of the Constitution.” The commission issued this statement in Dhivehi.
The HRCM further noted that, in other countries, constitutional amendments are typically carried out transparently, with clear explanations of the rationale behind such changes and with input from legal experts and civil society.
Commenting on the fifth amendment to the Judiciary Act, which seeks to reduce the number of Supreme Court judges from seven to five, the commission argued that this move violates Article 154 of the Constitution and contradicts its core provisions. The HRCM has formally communicated these concerns to the President’s Office.
In light of these concerns, the commission commended President Dr Mohamed Muizzu’s decision to return the bill to Parliament for further amendment, rather than proceeding with ratification.
