Saturday, March 3, 2007

U.N. Law Expert Stresses Need For 'Guaranteed' Judicial Independence In Maldives

New York, NY (AHN) - A United Nations legal expert has called for a completely independent judiciary in the Indian Ocean nation of the Maldives. The expert also emphasized that an appropriate police bill is "key" in preventing abuses and he said that improved drug prevention and rehabilitation programs were needed because criminalizing drug use has failed to solve the problem.

The Special Rapporteur on the independence of judges and lawyers, Leandro Despouy, stressed the importance of the ongoing constitutional and judicial reform process that are underway. He discussed those topics throughout his 5-day visit to the islands. During that time, he met with the president, ministers, judges, the attorney general and others, including detainees.

"The Constitution puts the judiciary under the control of the President: this seriously affects the independence of the judiciary. There is a serious lack of trained judges and lawyers...most of the detainees are tried without the assistance of a lawyer," he said in a statement on his return on Friday. He added that preventive detention is the rule rather than the exception.

Despite these problems, Despouy acknowledged that "all sectors" of Maldivian society are conscious of the need for reform, and he outlined eight preliminary recommendations. This was in advance of a full report on his visit that he will present to the U.N. Human Rights Council later this year.

In particular, he strongly encouraged prompt adoption of the constitutional reforms and the urgent adoption of legislation, which has already been submitted to Parliament. The legislative package includes the criminal code and the criminal procedure code. "The adoption of an appropriate police bill is also of key importance to prevent current abuse cases."

Siddique Islam - All Headline News South Asia Correspondent

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