New York City Bar Association Issues Statement on the State of Emergency in the Maldives, Including the Arrest of Two Supreme Court Justices
The New York City Bar Association is deeply concerned by the escalating crisis that is unfolding in the Republic of Maldives, pitting President Abdulla Yameen Abdul Gayoom against the country’s Supreme Court. President Yameen’s actions in recent days include his declaration of a 15-day State of Emergency,[1] his defiance of two unanimous rulings issued by the Supreme Court on 1 February 2018,[2] and, most recently, the arrest of two Justices of the Supreme Court, Chief Justice Abdulla Saeed and Justice Ali Hameed Mohamed, together with the chief court administrator Hassan Saeed Hussain, in a dawn commando raid on the court compound,[3] in addition to the arrest of former President Maumoon Abdul Gayoum and other opposition leaders.[4]
One of the Supreme Court’s two rulings issued on 1 February ordered the reinstatement of 12 members of Parliament who had been stripped of their seats for defecting from the ruling party, which (in effect) would restore the opposition’s majority in that body.[5] The opposition majority then would be able to unseat the Speaker, who is a member of the ruling party, and to prevail on “no confidence” votes against government officials and impeach the President,[6] except that the State of Emergency has suspended Parliament’s power to impeach.[7] Moreover, under the State of Emergency, President Yameen has deployed security forces in riot gear to the Parliament building, to prevent Parliament from meeting.[8]
The second Supreme Court ruling quashed the convictions of nine high-profile dissidents, including exiled ex-President Mohamed Nasheed and former Defense Minister Mohamed Nazim, and ordered the release of those behind bars, pending retrial.[9] However, the three remaining Supreme Court Justices annulled this second ruling last Wednesday, reportedly under duress.[10]
President Yameen’s actions flout the rule of law and contravene key international human rights instruments, including the United Nations Basic Principles on the Independence of the Judiciary, which provide (among other things) that governments shall “respect and observe the independence of the judiciary” (Article 1); that judges shall be free to decide the matters before them “without any restrictions, improper influences, inducements, pressures, threats or interference” (Article 2); that the judicial process shall be free of “any inappropriate or unwarranted interference” (Article 4); and that judges’ “independence[] [and] security . . . shall be adequately secured by law” (Article 11).
Similarly, President Yameen’s declaration of a State of Emergency – which suspends or restricts more than 20 Constitutional rights, including the right to privacy, freedom of assembly, limitations on search and seizure, and basic fair trial rights, as well as the powers of Parliament and the judiciary[11] – violates the International Convention on Civil and Political Rights (“ICCPR”), to which the Maldives is a State Party. The ICCPR protects basic human rights, including the right to life and human dignity (Preamble and Article 6); equality before the law (Articles 14 and 26); freedom of expression, assembly, and association (Articles 19, 21-22); freedom of movement (Article 12); religious freedom and privacy (Articles 17-18); presumption of innocence (Article 14); freedom from torture, ill-treatment, and arbitrary detention (Articles 7 and 9); and the right to a fair trial (Article 14). A State Party may derogate from some of the rights set forth in the ICCPR (Article 4) – but only in certain very limited circumstances, where a public emergency “threatens the life of the nation.”[12] This is not such a case.
The New York City Bar Association urges President Yameen to comply with the rule of law; to rescind the State of Emergency; to immediately release Chief Justice Abdulla Saeed, Justice Ali Hameed, court administrator Hassan Saeed, and former President Maumoon Abdul Gayoum, as well as any others who have been arrested or detained under color of the State of Emergency; to respect the independence of the judiciary; to take action in accordance with the 1 February rulings of the full Supreme Court; to permit Parliament to function properly and free from interference; and to restore all constitutionally- and internationally-guaranteed rights of the people and the institutions of the Maldives, including freedom of the press.[13]
About the Association
The New York City Bar Association, since its founding in 1870, has been dedicated to maintaining the high ethical standards of the legal profession, promoting reform of the law and access to justice, and providing service to the profession and the public. The Association, through its 24,000 members, continues to work for political, legal and social reform, while implementing innovative means to help the disadvantaged. Protecting the public’s welfare remains one of the Association’s highest priorities. www.nycbar.org
Footnotes
[1] Press Release 2018-28, President Declares State of Emergency, The President of the Republic of Maldives (5 Feb. 2018), available at http://www.presidencymaldives.gov.mv/Index.aspx?lid=11&dcid=18752; K. Male and Shan Anees, President’s Office Amends State of Emergency, Restricts Arrests and Detention Rights, Raajje News (6 Feb. 2018), available at http://raajje.mv/en/news/26549; Nayma Qayum, The Crisis in the Maldives, Explained, Washington Post (12 Feb. 2018), available at https://www.washingtonpost.com/news/monkey-cage/wp/2018/02/12/how-is-trade-with-china-related-to-the-state-of-emergency-in-maldives-heres-what-you-need-to-know/?utm_term=.49f56edb6313; “All-out Assault on Democracy”, U.N. Rights Chief Says of Maldives, Reuters (7 Feb. 2018), available at https://uk.reuters.com/article/uk-maldives-politics-un/all-out-assault-on-democracy-u-n-rights-chief-says-of-maldives-idUKKBN1FR285?il=0; Mohamed Sharuhaan, Maldives Declares Emergency, Soldiers Reportedly Storm Court, Washington Post/Associated Press (5 Feb. 2018), available at http://wapo.st/2E3Nhta?tid=ss_mail&utm_term=.35ab7f58e591 ; Maldives Declares State of Emergency for 15 Days, Reuters (5 Feb. 2018), available at https://www.reuters.com/article/us-maldives-politics-emergency/maldives-declares-state-of-emergency-for-15-days-idUSKBN1FP23G .
[2] Former Leader and Two Supreme Court Judges Arrested in Maldives State of Emergency, NPR (5 Feb. 2018), available at https://www.npr.org/sections/thetwo-way/2018/02/05/583561683/former-leader-and-two-supreme-court-judges-arrested-in-maldives-state-of-emergen; Maldives State of Emergency: Judges Block Release of Political Prisoners, The Guardian/Agence France-Presse (6 Feb. 2018), available at
https://www.theguardian.com/world/2018/feb/07/maldives-state-of-emergency-judges-block-political-prisoners?CMP=share_btn_link; Mohamed Visham and Amal Jayasinghe, Maldives Supreme Court in U-Turn Over Freeing Dissidents, MSN News/Agence France-Presse (7 Feb. 2018), available at http://a.msn.com/01/en-us/BBIIucd?ocid=se ; Pressure Rises on Maldives Leader to Obey Court Order to Free Jailed Foes, Reuters (2 Feb. 2018), available at https://www.reuters.com/article/us-maldives-politics/pressure-rises-on-maldives-leader-to-obey-court-order-to-free-jailed-foes-idUSKBN1FN057 ; Mohamed Junayd and Shihar Aneez, Maldives Opposition Calls for Indian Intervention as President Imposes Emergency Rule, Reuters (5 Feb. 2018), available at https://www.reuters.com/article/us-maldives-politics/maldives-opposition-calls-for-indian-intervention-as-president-imposes-emergency-rule-idUSKBN1FP0ZS.
[3] Maldives Security Forces Break Into Supreme Court: Court Spokesman, US News/Reuters (5 Feb. 2018), available at https://www.usnews.com/news/world/articles/2018-02-05/maldives-security-forces-break-into-supreme-court-court-spokesman; Maldives Top Judge Threatened with Death: Lawyer, CNN-News18/Agence France-Presse (8 Feb. 2018), available at http://www.news18.com/news/world/maldives-top-judge-threatened-with-death-lawyer-1654615.html; The Crisis in the Maldives, Explained, supra n.1; Hassan Moosa and Jeffrey Gettleman, Crisis Consumes a Land of Pretty Islands, as Justices and Ex-Leader Are Arrested, New York Times (5 Feb. 2018), available at https://nyti.ms/2GOS3IB; Jeffrey Gettleman and Suhasini Raj, As Maldives Crisis Deepens, President Blames the Other Guys, New York Times (6 Feb. 2018), available at https://nyti.ms/2sfszRs ; Mohamed Junayd and Ranga Sirilal, Maldives Supreme Court Judge Ill-Treated in Prison: Ex-President, Reuters (7 Feb. 2018), available at https://www.reuters.com/article/us-maldives-politics/maldives-supreme-court-judge-ill-treated-in-prison-ex-president-idUSKBN1FR10G?feedType=RSS&virtualBrandChannel=11563 ; K. Male and Humaam Ali, Justice Ali Hameed Hospitalized, Raajje News (7 Feb. 2018), available at http://raajje.mv/en/news/26580 .
[4] Crisis Consumes a Land of Pretty Islands, as Justices and Ex-Leader Are Arrested, supra n.3; The Crisis in the Maldives, Explained, supra n.1; As Maldives Crisis Deepens, President Blames the Other Guys, supra n.3.
[5] K. Male and Humaam Ali, Maldives Judiciary Publishes Translation of Supreme Court Order, Raajje News (2 Feb. 2018), available at http://raajje.mv/en/news/26300; Ruling by Court in Maldives Breathes New Life Into Political Opposition, New York Times/Associated Press (1 Feb. 2018), available at https://nyti.ms/2GEKeoF; The Maldives’ Supreme Court Abruptly Orders the Release of Several Opposition Politicians, The Economist (2 Feb. 2018), available at https://www.economist.com/news/asia/21736364-authoritarian-president-abdulla-yameen-still-trying-cling-power-maldives; The Crisis in the Maldives, Explained, supra n.1; Maldives’ Top Judge Arrested As State of Emergency Declared, Agence France-Presse (6 Feb. 2018), available at https://www.afp.com/en/news/826/maldives-top-judge-arrested-state-emergency-declared-doc-yt2m09 ; Former Leader, 2 Supreme Court Judges Arrested in Maldives, Associated Press (5 Feb. 2018), available at https://www.apnews.com/ebb3a07b753948c1982ed49a578a1e8f ; Pressure Rises on Maldives Leader to Obey Court Order to Free Jailed Foes, supra n.2; Maldives Crisis Deepens as Opposition Leader Seeks Indian Intervention, Reuters (6 Feb. 2018), available at https://www.reuters.com/article/us-maldives-politics-explainer/maldives-crisis-deepens-as-opposition-leader-seeks-indian-intervention-idUSKBN1FQ1W1 ; Maldives Declares Emergency, Soldiers Reportedly Storm Court, supra n.1.
[6] Maldives’ Top Judge Arrested As State of Emergency Declared, supra n.5; Maldives Crisis Deepens as Opposition Leader Seeks Indian Intervention, supra n.5; Maldives Declares Emergency, Soldiers Reportedly Storm Court, supra n.1; Former Leader, 2 Supreme Court Judges Arrested in Maldives, supra n.5; Maldives Declares State of Emergency Amid Standoff Between President Abdulla Yameen, Supreme Court, ABC News (5 Feb. 2018), available at http://www.abc.net.au/news/2018-02-06/maldives-declares-state-of-emergency-amid-political-standoff/9399180; Mohamed Sharuhaan, Maldives Attorney General Says Court Can’t Oust President, Washington Post/Associated Press (4 Feb. 2018), available at http://wapo.st/2DZBNqv?tid=ss_mail&utm_term=.aa3e27eb05e8 .
[7] Maldives’ Top Judge Arrested As State of Emergency Declared, supra n.5; Maldives Supreme Court in U-Turn Over Freeing Dissidents, supra n.2; The Crisis in the Maldives, Explained, supra n.1.
[8] Maldives Declares State of Emergency Amid Standoff Between President Abdulla Yameen, Supreme Court, supra n.6; The Crisis in the Maldives, Explained, supra n.1; The Latest: Opposition Leader Gayoom Arrested in Maldives, New York Times/Associated Press (6 Feb. 2018), available at https://nyti.ms/2BfnZ8F ; The Latest: US Slams Maldives State of Emergency Declaration, Washington Post/Associated Press (5 Feb. 2018), available at http://wapo.st/2nGPpMi?tid=ss_mail&utm_term=.94f060e2809 ; Former Leader and Two Supreme Court Judges Arrested in Maldives State of Emergency, supra n.2; Maldives Attorney General Says Court Can’t Oust President, supra n.6.
[9] Maldives Judiciary Publishes Translation of Supreme Court Order, supra n.5; Ruling by Court in Maldives Breathes New Life Into Political Opposition, supra n.5; The Maldives’ Supreme Court Abruptly Orders the Release of Several Opposition Politicians, supra n.5; The Crisis in the Maldives, Explained, supra n.1; Maldives’ Top Judge Arrested As State of Emergency Declared, supra n.5; Crisis Consumes a Land of Pretty Islands, as Justices and Ex-Leader Are Arrested, supra n.3; Pressure Rises on Maldives Leader to Obey Court Order to Free Jailed Foes, supra n.2; Maldives Opposition Calls for Indian Intervention as President Imposes Emergency Rule, supra n.2; Maldives Crisis Deepens as Opposition Leader Seeks Indian Intervention, supra n.5; Maldives Declares Emergency, Soldiers Reportedly Storm Court, supra n.1; Exiled Ex-Maldives Leader Will Seek Presidency Again, US News/Associated Press (2 Feb. 2018), available at https://www.usnews.com/news/world/articles/2018-02-01/clashes-in-maldives-after-court-orders-politicians-released . .
[10] Judiciary Isolated and Helpless in Maldives: Former Attorney General, The Quint/Bloomberg News (8 Feb. 2018, 4:56 a.m.), available at https://www.thequint.com/news/world/maldives-crisis-supreme-court-president-yameen-protest-india-america#live-blog-card-692f5cf8-3d5d-4e1c-bba3-8eb58a1ec0e6 ; As Maldives Crisis Deepens, President Blames the Other Guys, supra n.3; Maldives State of Emergency: Judges Block Release of Political Prisoners, supra n.2; Mohamed Sharuhaan, Maldives High Court Annuls Order Freeing Jailed Politicians, Washington Post/Associated Press (6 Feb. 2018), available at http://wapo.st/2BaE7bE?tid=ss_mail&utm_term=.d16325eabdfc ; Maldives: Supreme Court Decision Reversing Its Order to Release Political Detainees Smacks of Illegitimacy, International Commission of Jurists (7 Feb. 2018), available at https://www.icj.org/maldives-supreme-court-decision-reversing-its-order-to-release-political-detainees-smacks-of-illegitimacy/; The Crisis in the Maldives, Explained, supra n.1; Editorial Board, Trouble in Maldives Paradise Could Become a Global Threat, New York Times (11 Feb. 2018), available at https://nyti.ms/2BnUem7.
[11] Press Release 2018-28, President Declares State of Emergency, The President of the Republic of Maldives (5 Feb. 2018), supra n.1 (announcing emergency decree suspending or restricting more than 20 provisions of the Constitution, including articles concerning “Privacy,” “Freedom of acquiring and imparting knowledge,” “Right to strike,” “Freedom of assembly,” “Fair administrative action,” “Personal liability,” “No unlawful arrest or detention,” “Power of arrest and detention,” “Search and seizure,” “Release of accused,” “Prompt investigation and prosecution,” “Right to appeal,” “Compensation,” “Application to court to obtain a remedy,” “Summoning persons,” “Removal of President or Vice President,” “Vote of no confidence in member of the cabinet,” “Jurisdiction of the Supreme Court,” and “Prosecutor General – Removal from office,” in addition to the “Criminal Code,” and laws concerning “Privileges/immunities of judges” and “Justices’ right to be informed of actions brought against him or her”); President’s Office Amends State of Emergency, Restricts Arrests and Detention Rights, supra n.1 (reporting that President has amended State of Emergency to include yet another article of the Constitution, which provides that an individual has the right to be immediately informed of a reason for his or her arrest, to remain silent, and to retain legal counsel without delay, as well as the right to be brought before a judge within 24 hours of arrest); Maldives: Arrest of Judges and Suspension of Human Rights a Full Attack on the Rule of Law, Says the ICJ, International Commission of Jurists (6 Feb. 2018) (based on unofficial translation, stating that emergency decree suspends (in whole or in part) constitutionally- and internationally-protected rights including, “among others, the right to liberty, the right to freedom of assembly, the right to privacy, and the right to obtain remedy from the courts,” as well as “[b]asic safeguards surrounding arrest, detention, [and] search and seizures,” and “laws providing certain immunities to judges and the right of judges to be informed if any action is taken against them”), available at https://www.icj.org/maldives-arrest-of-judges-and-suspension-of-human-rights-a-full-attack-on-the-rule-of-law-says-the-icj/ ; Maldives’ Top Judge Arrested As State of Emergency Declared, supra n.5 (explaining that emergency decree “gives sweeping powers to security forces to arrest and detain individuals, curtails the powers of the judiciary and bars parliament from impeaching Yameen”); Crisis Consumes a Land of Pretty Islands, as Justices and Ex-Leader Are Arrested, supra n.3 (noting that emergency decree “gave . . . security forces sweeping powers to arrest and hold suspects, prohibited public gatherings, imposed travel restrictions and suspended parts of the Constitution”).
[12] United Nations Commission on Human Rights, The Siracusa Principles on the Limitation and Derogation Provisions in the International Covenant on Civil and Political Rights, para. 39 (28 Sept. 1984), E/CN.4/1985/4, available at: http://www.refworld.org/docid/4672bc122.html .
[13] Two AFP Reporters Arrested in Maldives, The Quint/Bloomberg News (9 Feb. 2018, 8:00 a.m.), available at https://www.thequint.com/news/world/maldives-crisis-supreme-court-president-yameen-protest-india-america; Maldives TV Station Shuts Down After Threats, Washington Post/Associated Press (9 Feb. 2018), available at http://wapo.st/2BOkCGJ?tid=ss_mail&utm_term=.5d11c759bc0f; Maldives Crisis: Prominent TV Station Forced to Shut Down Amid Threats, Indian Express/Agence France-Presse (9 Feb. 2018), available at http://indianexpress.com/article/world/maldives-crisis-prominent-tv-station-forced-to-shut-down-amid-threats-5057684/ ; ‘Raajje TV’ Shutdown Imminent, Signals Disrupted, The Quint/Bloomberg News (5 Feb. 2018, 2:21 p.m.), available at https://www.thequint.com/news/world/maldives-crisis-supreme-court-president-yameen-protest-india-america; Maldives Crisis Deepens as Opposition Leader Seeks Indian Intervention, supra n.5; see generally UN Security Council Told Maldives Crisis May Get Worse, MSN News/Agence France-Presse (8 Feb. 2018), available at http://a.msn.com/01/en-us/BBITtQI?ocid=se ; Statement Attributable to the Spokesman for the Secretary-General on the Maldives, United Nations (6 Feb. 2018), available at https://www.un.org/sg/en/content/sg/statement/2018-02-06/statement-attributable-spokesman-secretary-general-maldives; UN Chief Urges Maldives to Uphold Rule of Law Amid Rapidly Unfolding Political Crisis, United Nations (6 Feb. 2018), available at https://www.un.org/apps/news/story.asp?NewsID=58538#.WnyjwZ3wa70; Secretary-General Seriously Concerned About Security Situation in the Maldives, United Nations (6 Feb. 2018), available at https://www.un.org/press/en/2018/sgsm18885.doc.htm; U.N. Calls on Maldives to Respect Supreme Court Decision, Says “Ready” to Help Ease Political Impasse, United Nations (3 Feb. 2018), available at https://www.un.org/apps/news/story.asp?NewsID=58529#.WnygbZ3wa70 ; Statement Attributable to the Spokesman for the Secretary-General on the Maldives, United Nations (2 Feb. 2018), at https://www.un.org/sg/en/content/sg/statement/2018-02-02/statement-attributable-spokesman-secretary-general-maldives ; Secretary-General Calls on Maldives to Respect Supreme Court Order for Release of Opposition Leaders (2 Feb. 2018), available at https://www.un.org/press/en/2018/sgsm18881.doc.htm ; Maldives: Democracy Under “All-Out Assault” Warns UN Rights Chief, United Nations (7 Feb. 2018), available at https://www.un.org/apps/news/story.asp?NewsID=58550#.WnyoK53wa70; Readout of President Donald J. Trump’s Call with Narendra Modi of India, The White House (8 Feb. 2018), available at https://www.whitehouse.gov/briefings-statements/readout-president-donald-j-trumps-call-narendra-modi-india/ ; Press Statement, State of Emergency in the Maldives, U.S. Department of State (5 Feb. 2018), available at https://www.un.org/apps/news/story.asp ; Press Statement, Maldives Court Ruling to Free Opposition Politicians, U.S. Department of State (3 Feb. 2018), available at https://mv.usmission.gov/maldives-court-ruling-free-opposition-politicians/ ; U.S. National Security Council, Twitter (5 Feb. 2018), available at https://twitter.com/whnsc?lang=en ; Statement by the Spokesperson on the Situation in the Maldives, European Union (6 Feb. 2018), available at https://eeas.europa.eu/headquarters/headQuarters-homepage/39413/statement-spokesperson-situation-maldives_en ; Foreign Secretary Statement on the State of Emergency Declared in the Maldives, United Kingdom (5 Feb. 2018), available at https://www.gov.uk/government/news/foreign-secretary-statement-on-the-state-of-emergency-declared-in-the-maldives ; Maldives – Political Situation, Government of France (7 Feb. 2018), available at https://www.diplomatie.gouv.fr/en/country-files/maldives/events-7811/article/maldives-political-situation-07-02-18; Situation in Maldives, Government of India Ministry of External Affairs (6 Feb. 2018), available at http://www.mea.gov.in/press-releases.htm?dtl/29415/Situation+in+Maldives; Statement by Kofi Annan on the Crisis in the Maldives (9 Feb. 2018), available at http://www.kofiannanfoundation.org/mediation-and-crisis-resolution/maldives-statement/ ; Maldives: Arrest of Judges and Suspension of Human Rights a Full Attack on the Rule of Law, Says the ICJ, International Commission of Jurists (6 Feb. 2018), available at https://www.icj.org/maldives-arrest-of-judges-and-suspension-of-human-rights-a-full-attack-on-the-rule-of-law-says-the-icj/ ; Press Release, Maldives: Release Supreme Court Judges and Opposition Politicians Immediately, Amnesty International (6 Feb. 2018), available at https://www.amnesty.org.uk/press-releases/maldives-release-supreme-court-judges-and-opposition-politicians-immediately .
