“The nonexistence of a law should not be an excuse for the infringement of any fundamental right or freedom guaranteed under the Constitution.”

 

JSC’s “legal reasoning” on Article 285: Flawed and Frivolous?

Democracy Derailed PDF

Article 285 represents the instillment of people’s trust in the judicial system and in law enforcement.
In 2008, when the constitution of the Maldives was being drafted, there was disagreement over how to appoint judges.
Some believed judges had to have a certain level of education and ethical standards, and no criminal record. This is represented by Article 285.
Others believed these criteria were too demanding, so they opted to leave all judges in their positions. The criteria became: if you are already a judge, you can remain a judge. You can even give yourself tenure, and Article 285 became “symbolic”.
Velezinee, the only woman present in these negotiations, argued that this lead to nepotism, cronyism, and blatant corruption and institutionalized crime.
In 2016, as she predicted, a massive corruption and money laundering scheme broke the news. Land-grabbing, scandal, arrests, murders and violence left the country in appalling conditions.
This political situation goes beyond just a few bad apples within the Maldivian government. It’s symptomatic of a global problem, created by international powers with financial interests in imperialism and global political manipulation.
Perhaps there is no way to instill trust in the judicial system as we know it. We can see all around the world that it is a system that benefits only an elite, and democracy as a result is revealed as a farce.
Regardless of political affiliation and agendas, a community must be left in control of their own lives and destiny. The Maldives must finally be given the opportunity to build a system of their own, that works for their own people without being manipulated by foreign forces with their own religious or economic interests. This is what we call: By the Power of the Law #Article285.