New York/ The Hague, 15 February 2018

Parliamentarians for Global Action (PGA) wishes to express its profound concern at persistent reports of alleged violations by the Executive power of the Maldives to the Rule of Law and proper functioning of the legislative branch. Repeated violations of the principle of separation of powers not only seriously undermines democratic processes but also the effectiveness and independence of the Judiciary.

Indeed, on 1 February 2018, the Supreme Court overturned criminal convictions of nine political opponents of President Abdulla Yameen, in light of the “questionable and politically motivated nature of the trials of the political leaders,” according to a report from Agence France Presse (AFP). The ruling also calls for the reinstatement of 12 Members of Parliament.

A number of human rights experts have denounced the violations to the civil and political rights of opponents to the government. In this regard, the Secretary-General of the United Nations urged the government of the Maldives to uphold the judicial decision and exercise restraint. Secretary-General Guterres is “seriously concerned about the unfolding situation in the Maldives, in particular the declaration of a state of emergency and the entry of security forces into the Supreme Court premises.”

The State of Emergency of 15 days declared by President Yameen on 5 February has broad consequences on democratic principles applicable on the national territory. Many constitutional provisions have been suspended, including Parliament’s authority to impeach the President, and the jurisdiction of the Supreme Court to rule over issues regarding the removal of the President. Furthermore, the Criminal Procedure Code and fundamental protections against arbitrary detention have been suspended.

UN High Commissioner for Human Rights Zeid Ra'ad Al Hussein declared:

“The suspension of several functions of the judiciary and Parliament, and the restrictions on a series of constitutional rights, create a dangerous concentration of power in the hands of the president (…), constitutive of an all-out assault on democracy.”

According to Mr. José Antonio Guevara Bermúdez, Chair-Rapporteur of the Working Group on Arbitrary Detention and Mr. Diego García-Sayán, Special Rapporteur on the independence of judges and magistrates:

“It is clear that the rule of law in the Maldives is now under siege. We call on the government to refrain from any threats or interference that may hamper the court’s independence as the supreme guardian of the country’s constitution and legislation.”

The situation in the Maldives is alarming. Between 9 and 11 February 2018, four Members of Parliament have been arrested and police have intimidated their families: Mr. Abdulla Sinan, MP turned himself in to the police after the issuance of a wanted person notice. Mr. Ilham Ahmed, MP was accused of bribery and jailed. His wife was arrested in order to force him to surrender to authorities. Mr. Faris Maumoon, MP was taken back to prison after a brief period in house arrest. The son of Honorable Qasim Ibrahim was arrested. Other political opponents were arbitrarily arrested, including Mr. Maumoon Abdul Gayoom, former president of the Maldives, and Colonel Mohamed Nazim, former Defense Minister.

Additionally, the police are targeting other MPs such as PGA member Mr. Ahmed Mahloof, MP, who had been imprisoned before on false charges and for political reasons, has been summoned by the police to appear on 15 February allegedly because of a post on social media. Opposition leaders have been unlawfully stripped of their right to carry out any political activities.

In light of this dramatic situation, PGA strongly calls for the release of political prisoners whose fundamental human rights have been violated by the State. We urge the government of the Maldives to refrain from criminalizing dissent and denying its population the benefits of democratic governance and the Rule of Law.

In November 2017, PGA’s global parliamentary membership adopted the Milan Plan of Action on Preventing Violent Extremism and Mass Atrocities (www.pgaction.org/pdf/Milan-Plan-of-Action.pdf) that calls for action in preventing violent repression that may bring about the perpetration of atrocity-crimes; protecting civil society space, democratic participation and the rights of opposition parties, minorities and vulnerable groups.

Threats against the physical integrity of any parliamentary leaders and/or the launch of unfounded politically motivated charges against parliamentarians of any political parties are unacceptable and should continue to be closely monitored by all international human rights bodies, including the Office of the High Commissioner for Human Rights of the United Nations and the international community.

PGA urges all parties engaged in the political decision-making process in The Maldives to respect the fundamental human rights of all and the principles and norms enshrined in the national Constitution and International Law.