24 February 2013, Male'; The UN Special Rapporteur on the Independence of Judges and Lawyers Ms. Gabrielle Knaul shared her preliminary observations of her visit with the Government in a de-briefing held today.
Ms. Knaul noted the changes that have taken place in the Maldives since the visit of the previous mandate-holder Dr. Despouy in 2007. She highlighted the new democratic system prescribed in the Constitution and commended the Maldives' efforts in transition to democracy based on the rule of law and the principle of separation of powers.Ms. Knaul further stated that "all branches of the State are equally important and non should be above the other" and reiterated that all institutions have a "role to play and responsibilities regarding the consolidation of democracy". In this regard, Ms. Knaul noted the need for Constitutional reform to facilitate the strengthening of democratic institutions.
In her remarks, the Special Rapporteur raised several issues including the lack of mechanisms that would hold prosecutors, court staff and judges accountable and the lack of basic pieces of legislation including the Penal Code, the Criminal procedure Code and the Civil Procedure Code that was essential to strengthen the justice system. Commenting on the legal profession, Ms Knaul noted the absence of a Bar association in the Maldives that would self-regulate the profession and remarked on the small number of women in the justice system.She also identified training of judges, lawyers and prosecutors as an urgent area that required utmost attention.
In her conclusion, the Rapporteur called on the international community, the UN agencies and other international organizations to strengthen their engagement in the Maldives and continue to contributing to the consolidation of the justice sector.
In response, the Attorney General Hon. Azima Shakoor welcomed the preliminary observations and thanked the Rapporteur for her honest assessment of the justice system in the Maldives. Noting the Maldives' democratic transition, the Attorney General highlighted several areas that required urgent reform. In the discussion the Government also noted the responsibility of international partners in establishing a conducive environment where institutions of the State, particularly the judiciary, are respected by the public.Hon. Azima also thanked Ms. Knaul for her open-dialogue with all stakeholders and expressed hope for the Rapporteur's engagement in the implementation of the observations.
The UN Special Rapporteur will conclude her official visit tonight.
End.