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State of Emergency

30-minute limitation on lawyer visits continue despite lift of state of emergency

Lawyer Hisaan Hussain noted that the 30-minute limitation is to have ended following the lift of state of emergency

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Aishath Shaany, Raajje.mv | 26 މާރިޗު 2018 | ހޯމަ 03:58
From a press conference held by lawyers; Hisaan Hussain (M)

From a press conference held by lawyers; Hisaan Hussain (M)

Defence lawyers have expressed concern over the continued limitation on lawyer visits, despite the state of emergency being lifted on 22nd March.

In a tweet posted late Sunday night, lawyer Hisaan Hussain noted that the 30-minute limitation was “supposed to be for the duration of the state of emergency as per [police’s] announcement,” adding that the said announcement “continues to be in effect” despite the lift of state of emergency.

Police, on 13th February, announced that “persons in custody will be allowed to meet their lawyers for a period not exceeding 30 minutes,” in order to ensure “equal treatment for all”.

Noting that the right to legal counsel was not withheld, police shad said that “a special guideline” was put in effect during the state of emergency “to allow meetings between persons under police custody and their lawyers”. It added this was due to “difficulties” faced by the police in allowing equal time to all detained to meet with their lawyers, because of “an increase in the number of arrests and investigation into serious crimes during the state of emergency”.

The political situation in the Maldives intensified following a ruling by the Supreme Court on February 1, ordering the release of nine political prisoners and reinstating 12 opposition lawmakers unseated by the Elections Commission. However, incumbent President Abdulla Yameen refused to implement the order, calling it a “judicial coup,” and declared a 15-day state of emergency across the nation on February 5.

Following the declaration, a number of high-profile figures were arrested, including former President Abdulla Yameen, Chief Justice Abdulla Saeed and Justice Ali Hameed, over conspiring to overthrow the government.

Afterwards, the state of emergency was extended by 30 days on February 20, through a parliament vote held without the constitutionally required quorum of 43 parliamentarians. The validity of both the initial declaration and extension has been questioned by both the local and international community.

Criminal Court has since ordered to keep Gayoom, Saeed and Hameed in remand, as well as a number of other opposition officials, for the remainder of the investigations and trials against them.

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