Maldives Human Rights Commission meets the Parliament to express concerns over the unlawful arrest and detention of the Maldives Criminal Court Judge Abdulla

A criminal Court Judge, Abdulla Mohamed was taken by the Military just over three weeks ago on the orders of President Nasheed.  HRCM Commissioner Azra stated that that Judge Abdulla has been denied his freedom and basic rights ever since he was arrested and taken away to K. Girifushi by the military. She also said that the reason for Judge Abdulla’s arrest remains unknown, and that he has been held in solitary confinement without access to a lawyer. HRCM member Abdul Kareem told the Parliament that according to article 1 of the enforced disappearance treaty, there are no ‘special’ cases which legitimize the enforced disappearance of an individual.

The International Convention for the Protection of All Persons from Enforced Disappearance (ICCPED) is an international human rights instrument of the United Nations and intended to prevent forced disappearance defined in international law, crimes against humanity. "Enforced disappearance" is defined in Article 2 of the Convention as the arrest, detention, abduction or any other form of deprivation of liberty by agents of the State or by persons or groups of persons acting with the authorization, support or acquiescence of the State, followed by a refusal to acknowledge the deprivation of liberty or by concealment of the fate or whereabouts of the disappeared person, which place such a person outside the protection of the law.

Article 1 of the Convention further states that                                                                

 No exceptional circumstances whatsoever, whether a state of war or a threat of war, internal political instability or any other public emergency, may be invoked as a justification for enforced disappearance.

The widespread or systematic use of enforced disappearance is further defined as a crime against humanity in Article 6.

Parties to the convention undertake to:

 Investigate acts of enforced disappearance and bring those responsible to justice;

 Ensure that enforced disappearance constitutes an offence under its criminal law;

 Establish jurisdiction over the offence of enforced disappearance when the alleged offender is within its territory, even if they are not a citizen or resident;

 Cooperate with other states in ensuring that offenders are prosecuted or extradited, and to assist the victims of enforced disappearance or locate and return their remains;

 Respect minimum legal standards around the deprivation of liberty, including the right for imprisonment to be challenged before the courts;

 Establish a register of those currently imprisoned, and allow it to be inspected by relatives and counsel;

 Ensure that victims of enforced disappearance or those directly affected by it have a right to obtain reparation and compensation. (Article 24. 4)

 The right to obtain reparation covers material and dangers and, where appropriate, other forms of reparation such as; Restitution. B) Rehabilitation. c) Satisfication, including restoration of dignity and reparation. d) Guarantee of non-repetition. (Article 24. 5)

 

Reference

1.International Convention for the Protection of All Persons from Enforced Disappearance http://www2.ohchr.org/english/law/disappearance-convention.htm

 

 

 

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