Let ex-President run, UN Human Rights Committee demands of Maldives
GENEVA
(16 April, 2018) – Maldives must restore ex-President Mohamed Nasheed’s
right to stand for office, including the office of President, the UN
Human Rights Committee concluded
in a finding made public today. The finding of violations of human
rights was made in response to two individual complaints by Mr. Nasheed
filed in 2013 and 2016.
The full decision is available here:
http://tbinternet.ohchr.org/_
Mr.
Nasheed, first brought to a Maldivian court in 2012, was ultimately
charged with terrorism and sentenced to 13 years’ imprisonment in March
2015. As a result, he was disqualified
from running in presidential elections for 16 years -- the term of his
sentence plus an additional three years.
The
UN human rights experts found that the judicial proceedings in which
Mr. Nasheed was convicted were based on vague legislation, contained
serious flaws and violated his right
to a fair trial under the International Covenant on Civil and Political
Rights (ICCPR).
The
Committee also found that the resulting restrictions on Mr. Nasheed’s
right to stand for office violated his rights to political participation
under article 25 of the ICCPR.
“Political rights can be suspended or restricted only in exceptional
circumstances and under certain conditions. And judicial proceedings
that violate the right to fair trial can render the resulting
restriction of political rights arbitrary,” said Sarah Cleveland,
member of the UN Human Rights Committee.
The
Human Rights Committee oversees implementation by States parties of the
ICCPR. Mr. Nasheed was able to make a complaint to the Human Rights
Committee because the State Party
in question, Maldives, is also a party to the Optional Protocol to that
Covenant.
The
Committee’s decision of 4 April, which was made public today, further
directs Maldives to “quash the author’s conviction, review the charges
against him taking into account
the present Views, and, if appropriate, conduct a new trial ensuring
all fair trial guarantees.”
“As
a party to the ICCPR, Maldives is obliged to make full reparation to
individuals whose rights have been violated. We have asked Maldives to
inform us within 180 days about
the measures they have taken to implement our decision,” said Mr. Yuval
Shany, Vice-Chair of the Human Rights Committee.
ENDS
For more information and media requests, please contact Julia Gronnevet at +41 (0) 22 917 9310
jgronnevet@ohchr.org
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