Limits placed on rights of those arrested during State of Emergency

President Abdulla Yameen Abdul Gayoom has made a amendment to his Presidential Decree for State of Emergency, limiting rights of those arrested during the period.

The Decree has been amended to include Article 48 of the Constitution – which states the rights of arrestees. The rights of all suspects arrested during State of Emergency will be suspended, except for the right to hire legal assistance.

RIGHTS OF ARRESTEES HAVE BEEN SUSPENDED:

- The arrestees will not need to be immediately told the reason for their arrest.

- Arrestees will not need to be served letter stating the reason for their arrest within 24 hours.

- Arrestees will not have the right to remain silent.

- Arrestees will not be required to be presented before a judge to determine whether his/her arrest was lawful, within 24 hours.

- Judges will not have the authority to grant arrestees conditional or unconditional release, or detain them.

State of Emergency for the period of 15 days was invoked in the country last Monday night, following a Supreme Court order for the immediate release and retrial of nine political leaders, whose trials the court said were politically influenced.

The nine political leaders whose release the court ordered includes former Maldivian President Mohamed Nasheed and former Vice President and Tourism Minister Ahmed Adeeb Abdul Gafoor.

The President said in his presidential decree that the State of Emergency was invoked because the Supreme Court order has resulted in; “the disruption of the functions of the executive power and the State institutions vested with specific mandates under the Constitution, the infringement of national security and public interest, and if implemented, which would potentially lead to an undermining of the supremacy of the Constitution of the Republic of Maldives.”