Maldives Detains Indian Lawyer of LAWASIA’s Fact-Finding Mission

The LAWASIA fact-finding team, including a senior Indian lawyer, were detained for 12 hours in the Maldives.

LAWASIA fact-finding members in Maldivian detention centre.

(Photo: The Quint)

A high-level delegation of Law Association of Asia and the Pacific (LAWASIA) were refused to entry into the Maldives on 25 February 2018, and detained when they arrived at the Velana International Airport in Maldives. After detaining them for 12 hours, the fact-finding team was put on a flight to Colombo.

The fact-finding team was headed by the President of LAWASIA and President of Malaysian Bar Christopher Leong, the current President-Elect of Bar Association of India Prashant Kumar, and two other members.

In its press statement, LAWASIA stated:

[...] due to the reported situation in the Republic of Maldives, the Council of LAWASIA had decided to establish a fact-finding team for the purpose of ascertaining the situation with regard to the independence of the judiciary in the Maldives.

The fact-finding mission visit was scheduled following the suspension of 54 Maldivian lawyers on 10 September 2017.

The lawyers were suspended for signing a petition raising concerns regarding Maldives’ judiciary and problems faced in practicing and enforcing the law in the country.

Before their arrival on 25 February, the fact-finding team of LAWASIA wrote to various parties and stakeholders in the Maldives, including lawyers and present and former members of Parliament both from opposition and government, civil society, members of judiciary, etc.

According to LAWASIA, meetings with the stakeholders were scheduled to take place between 24-28 February.

They duly informed Maldives Immigration Department about their arrival to Male, on 11 February 2018, and again on 23 February 2018, according to their press release:

On 23.2.2018, we had duly informed by email the Immigration Department and the Foreign Ministry, as well as its Asia Division, that given the impending arrival dates of the delegation and the indeterminateness of response to our requests, we are writing to inform the department that the arriving delegation will be proceeding with its plans on the understanding that the thirty-day visa issued on arrival is applicable for the purpose of the visit, namely to attend several meetings to ascertain the situation in Male, unless we receive direct advice to the contrary. We received no response to the contrary.

LAWASIA Statement

LAWASIA fact-finding members in Maldivian detention centre.(Photo: The Quint)

Maldives Immigration issued a statement on Monday and said they “will communicate decisions regarding visa applications” and that not getting a response “should not be interpreted as visa being granted”.

According to LAWASIA, each member had declared the purpose of their visit to the authorities. Rather than providing guidance and facilitating the mission with a visa, the Maldivian government made the decision to detain and keep them at a closed detention facility under guard and surveillance, and subsequently deported them.

By such action, the Government of Maldives deprived itself of the benefit of an independent and impartial assessment by a fact-finding team not sponsored by any individuals, parties or organisations in the Maldives. Although disappointed, the LAWASIA fact-finding team will nevertheless continue with its mission and carry out its mandate. In this regard, it remains the hope of LAWASIA that the Government of the Maldives and key stakeholders in the country would take meaningful steps to assist and participate with this task.

(Hey lady, what makes you laugh? Do you laugh at sexism, patriarchy, misogyny, or other 'sanskari' stereotypes? This Women's Day, join The Quint's Ab Laugh Naari campaign. Pick up that beer, say cheers, and send us  photographs or videos of you laughing out loud at [e-mail].)