:: Dhivehi Observer :: Peoples Press ::

Justice Ahmed Hameed Fahmy Sacked

Legal affair correspondent, Male’ 21^st July 2004

The senior most and the most respected judge of the High Court Mr. Ahmed Hameed Fahmy has been sacked from the High Court in contravention of the 117 of the Constitution of the Republic of Maldives and applicable international law. He has been secretly transferred to an executive position at the office of the president where he has no table. The transfer has not been reported in any newspaper or on the official website of the president's office.

Article 117 of the Constitution states: "Where in the opinion of the President, the Chief Justice or a judge of the High Court fails to satisfactorily discharge his duties and responsibilities …the president may remove such person from office" Hence, it is clear that the President of the Maldives have exercised his power in total disregard of the Constitution.

United Nations General Assembly resolutions 40/32 of 29 November 1985 and 40/146 of 13 December 1985 obligate the member states of the United Nations to ensure the independence of the judiciary and not to transfer judicial officers to executive positions without their consent. This principle has been reaffirmed at Beijing Statement of Principles of the Independence of the Judiciary adopted on 19 August 1995 at Beijing.

We have information that Justice Ahmed Hameed Fahmy has been transferred to an executive post without his consent and without any consultation. Hence, this constitutes a violation of the Constitution and the said Resolutions of the United Nations General Assembly, by the Government of Maldives.