Acts following declaration of sate of emergency have no legal validity: Premier Chambers
Govt. encroached Parliament, Supreme Court powers
Maumoon Hameed; one of the signatories to the statement
Local law firm Premier Chambers say that actions taken following the declaration of State of Emergency in the Maldives have no legal validity.
A statement released by the law firm, signed by prominent lawyers associated with it, say that Monday’s declaration of a state of emergency is a violation of clause 254 of the constitution.
Noting 12 aspects of the state of emergency declaration, the lawyers said the nation was not in any state that warranted a drastic action of this nature.
Clause 253 of the Constitution, the statement said, State of Emergencies can be declared in the event of a natural disaster, epidemic, war, invasion by a foreign nation or a threat to national security.
Under the State of Emergency, the lawyers noted that the Government had sought to suspend rights other than the ones listed under Artilce 2 of the constitution. Due to this, the Govenrment had officially taken over the powers granted to the Parliament and the Supreme Court.
Noting that the State of Emergency declaration was unconstitutional, any action that followed since then, is void and any individuals arrested with authority allowed by the declaration must also be released.
Prominent lawyers Maumoon Hameed, Shaaheen Hameed, Ibrahim Shameel, Hassan Ma’aaz Shareef, Dr. Mohamed Ibrahim, Aminath Amathullah and Aishath Shifala had signed the statement.
The lawyers said that over 24 hours had lapsed since former President Maumoon Abdul Gayoom, Chief Justice Abdullah Saeed, Justice Ali Hameed and others were arrested, without presenting them to a court of law. Detaining them without completing these procedures, they say is a violation of the Constitution and international agreements Maldives is party to.
‘We call on to free them immediately, lift the State of Emergency and to conduct free, fair and independent trials on any Supreme Court Justice or any other Judge, if the said individual is complicit in any criminal activity,’ the statement said.
The statement appealed to authorities to uphold basic rights for citizens in the Constitution and to uphold rule of law.
