Gov’t welcomes ICJ report on securing an independent and accountable Judiciary

The Government yesterday welcomed the findings and recommendations contained in the first comprehensive and independent assessment of the state of the Maldives’ judiciary since the advent of democracy.

The report by the International Commission of Jurists (ICJ), entitled “Securing an Independent Judiciary in a Time of Transition” was compiled following a mission to the Maldives in September 2010.

Speaking shortly after its release yesterday, the Minister of State for Foreign Affairs, Ahmed Naseem, said: “the Government is committed to upholding the independence of the judiciary – the final guarantor of the rule of law, the ultimate arbiter on constitutional affairs, and one of the bastions of a liberal democracy. Notwithstanding, as the ICJ’s report makes clear, alongside independence, a judiciary must also be accountable to the society it serves, it must be professional and impartial, and it must, through its conduct and its judgments secure the respect of the people. As the ICJ notes “No individual judge, magistrate or judicial institution is an island unto itself, nor is independence an end in itself”.

“For its part, the Government remains committed to ensuring the constitutional functionality of the judiciary, and it stands willing to work with the judiciary and all other institutions in the Maldives to help build a strong, independent judiciary, a judiciary which is responsive to the demands of our new democracy”.

“The Government shares the ICJ’s concerns regarding political interference with the judiciary, and agrees with the conclusion that, in addition to greater efforts by political stake holders to respect judicial independence, it is vital that the institutional independence of the courts be strengthened, especially through more robust and transparent appointment criteria for judges and better education and training. On this latter point, we support the ICJ’s emphasis on legal education and judicial training, and agree that the Supreme Court has an importance and leading role to play. The Government takes this opportunity to offer its full support to the Supreme Court in this regard”.

“Regarding judicial accountability and the role of the Judicial Services Commission (JSC), the Government strongly supports the principle, stated by the ICJ, that judicial independent is not an end in itself, but rather a responsibility and a means to ensure that judges are able decide cases based only on the law and facts of the case before them without fear or favour”.

“The Government has been concerned for some time that, to some, judicial independence has become synonymous with unaccountability. We are therefore pleased that the ICJ has clarified that judicial accountability – through competence and integrity – is not only compatible with judicial independence, but rather is fundamental to it”

In the context of judicial accountability, it is well-known that the Government has been disappointed by the performance of the JSC which, as noted in the report, has often been held hostage to the political or personal considerations of its members, which failed in its prime responsibility of establishing objective and transparent criteria for the vetting and reappointment of judges, which has failed to adopt its own rules of procedure, and which runs the risk, ultimately, of losing the public trust. We note from the ICJ’s report that these concerns are widely-shared”. 

“In conclusion, the Government welcomes the ICJ’s findings and its comprehensive recommendations for strengthening the judicial sector. We believe the report represents a blueprint for a strong, independent, accountable and widely-respected judiciary in the Maldives. The Government will, at the earliest opportunity, seek a meeting with the Chief Justice to discuss how the ICJ’s proposals can be taken forward in a collaborative and efficient manner”.