Country Watch
A Look at the Economic, Political, and Social Events that Shape International Law Around the World
Chief Judge of Maldives Criminal Court Released After President Nasheed Resigns
On February 7, 2012, Chief Judge Abdulla Mo- hamed of the Maldives Criminal Court was re- leased from detention following the resignation of President Mohamed Nasheed. Former Presi- dent Nasheed ordered the military arrest of Judge Mohamed for corruption, after the judge ruled in favor of a government critic. The arrest initiated massive protests, caused courts to boycott ses- sions nationwide, and led to international outcry for the judge’s release. The month-long protests resulted in Nasheed’s resignation from the office of president. Mohammed Waheed Hassan, the former Vice President, assumed the position as president of the Maldives and released Mohamed from his arbitrary arrest.
Judge Mohamed was arrested on January 16, 2012, by the Maldives National Defence Force (MNDF). The arrest order came from President Nasheed after Judge Mohamed ruled to release a government critic, holding it unlawful for the government to deny the privilege of writ of ha- beas corpus. Judge Mohamed was accused of corruption, for obstructing police investigations, and for issuing politically biased rulings. The Mal- divian Supreme Court, Prosecutor General, and Judicial Services Commission declared the arrest of Judge Mohamed illegal under the Constitution, which requires the Supreme Court to consent to a judge’s arrest. On January 28, the United Nations demanded that Judge Mohamed be charged or released from indefinite detention.
Protests against Judge Mohamed’s arrest lasted for three weeks as the demand for Nasheed’s resignation from the presidency increased. The height of the protests was on February 6, when
police clashed with Nasheed’s army after the po- lice refused President Nasheed’s order to break up protestors in the capital of Male. The next day, President Nasheed resigned and Vice President Mohammed Waheed Hassan was sworn in as president for the remainder of the term. President Hassan issued the release of Judge Mohamed, but requested that he not preside as judge until the allegations against him are resolved. Hassan called Mohamed’s arrest a violation of freedom from arbitrary arrest.
The Maldives has undergone political turmoil since it implemented its constitution in 2008. The Maldives Constitution establishes an indepen- dent judiciary, a slightly more powerful legislature, multi-party presidential elections, and enumerates fundamental rights of citizens, but left some provi- sions unformed. Nasheed won the Maldives’ first democratic presidential election in October 2008. He defeated authoritarian leader Maumoon Abdul Gayoom, who had ruled for 30 years. However, many legislators who supported Gayoom prevent- ed Nasheed’s Maldivian Democratic Party from passing legislation and from further developing essential constitutional provisions. In June 2010, Nasheed’s cabinet resigned. Nasheed’s presiden- cy became known for its corruption and abuse of power as it locked down the legislature and judi- ciary. A December 2011 anti-government protest resulted in Nasheed’s ordinance of oppression and arrest of those who expressed opposition to the government. The protests escalated until Nasheed’s resignation on February 7, 2012.
Even though Nasheed has stepped down from of- fice, protests in the Maldives continue. President Hassan faces opposition from Nasheed support- ers and people call his assent to power illegal. On March 1, police clashed with protestors seeking to
ILSA Quarterly » volume 20 » issue 4 » May 2012
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