President’s Office amends state of emergency, restricts arrests and detention rights

The President’s Office has amended Monday’s declaration of a state of emergency in the Maldives, to further restrict constitutional rights.

Spokesperson of the office announced on Tuesday that rights on arrest and detention, guaranteed under Article 48 of the constitution will be suppressed during the state of emergency.

The article ensures that everyone has the right to be immediately be informed of a reason for their arrest, to remain silent and retain legal council without delay.

It also guarantees those apprehended the right to be brought before a judge within 24 hours of their arrest.

Other laws restricted under the declaration are as follows:

• Article 24 (Privacy);
• Article 29 (Freedom of acquiring and imparting knowledge)
• Article 31 (Right to strike)
• Article 32 (Freedom of assembly)
• Article 43 (Fair administrative action)
• Article 44 (Personal liability)
• Article 45 (No unlawful arrest or detention)
• Article 46 (Power of arrest and detention)
• Article 47 (Search and seizure)
• Article 49 (Release of accused)
• Article 50 (Prompt investigation and prosecution)
• Article 56 (Right to appeal)
• Article 58 (Compensation)
• Article 65 (Application to court to obtain a remedy)
• Article 99 (Summoning persons)
• Article 100 (Removal of President or Vice President)
• Article 101 (Vote of no confidence in member of the cabinet)
• Article 113 (Jurisdiction of the Supreme Court)
• Article 145 (Authority of the Supreme Court)
• Article 228 (Removal of the Prosecutor General)
• Act no 12/2016 (Criminal Procedure Code)

The government announced a state of national emergency on Monday night, which can only be done after three days of including the declaration in the government gazette and parliamentary approval, none of which have been done.

Hours after, the police had forcefully entered the Supreme Court premises and apprehend Chief Justice Abdulla Saeed, Justice Ali Hameed, Judicial Administrator Hassan Saeed after entering his residence, and former President Maumoon Abdul Gayoom along with his son-in-law.

Despite suppression of the Supreme Court’s authority to be the final source of interpreting the constitution, the court yet is charged with determining the validity of the declaration.