The responsibilities of ensuring safety and justice in the Maldives are bestowed upon the courts established in the Maldives.
News Statement
(Official translation)
Administration of justice in the Republic of Maldives is a duty entrusted to the Courts of law in the country by the Constitution. The Constitution forbids any institution of the State or any other persons, to interfere with or influence, or attempt to do so in any manner with the function of the judges. The Constitution also obliges persons or bodies performing public functions to assist and protect the courts by ensuring the independence, eminence, dignity, impartiality, accessibility and effectiveness of the courts through legislative and other measures.
The laws of the Maldives state that it is a duty of all institutions of the State to protect the dignity and independence of the Judges. It is of paramount importance that all parties should be responsible and careful in fulfilling the said duties, for the sake of national interest and the interests of the people of this country.
The laws of the Maldives also clearly state that except in cases where a judge is arrested while seen committing a crime he/she can only be arrested and/or detained on suspicion or in relation to a criminal activity, only after a judge from a higher Court authorizes by order such an arrest.
The aforementioned principles have been accepted and adopted by civilized, sovereign, and democratic nations all over the world, because they guarantee rule of law, and an environment in which Courts can dispense justice in a way that would protect and preserve the rights and interests of the people, and the interests of a nation itself. One of the darkest moments to come about in a country’s life is the moment when these principles are violated and broken. Undermining the rule of law and the independence of the Courts of law would mean the shattering of the fundamental bedrock upon which a society is built. The result would be a failure in the task to protect the fundamental human rights of the people; mistrust and fear in the hearts of the people, discord, anarchy, and chaos in the society. As such, acts that undermine the protection and dignity afforded by the law to Judges, and which thereby violates the Constitution and laws of the country can never be accepted.
I hereby express my deepest concern over the manner in which Al-Ustadh Abdullah Muhammed, Chief Judge of the Criminal Court of the Maldives was arrested by the Maldives National Defense Force on the night of 16th January 2012. I call upon the Defense Force to protect the independence and dignity of the Courts and Judges, in accordance with the Constitution and the laws of the country. I urge the Defense Force to do this for the country and her people; for the sake of upholding rule of law and judicial independence, and in order to ensure the continuity of our country as a civilized, sovereign, and democratic nation.
Hence, I call upon the immediate release of Al-Ustadh Abdullah Muhammed, Chief Judge of the Criminal Court of the Maldives, who was arrested by Maldives National Defense Force on the night of 16th January 2012.
22 Safar 1433
16th January 2012