President Abdulla Yameen Abdul Gayoom has declared State of Emergency, under Article 253 of the Constitution of the Republic of Maldives, for the next 15 days.
The state of emergency was declared by a Presidential Decree (No. 2018/3) issued on 5 February 2018.
As per the Presidential Decree, the state of emergency was enforced in order to protect the peace and welfare of all citizens and the country, following the events that unfolded in relation to the Supreme Court Order No. 2018/SC-SJ/01, issued on 1 February 2018; which 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.
Despite the declaration of the state of emergency, there will be no enforcement of a curfew; and general movements, services and businesses will not be affected.
However, as a result of the state of emergency, the rights stipulated in the following Articles of the Constitution have been restricted; and the following law, among the laws related to the aforementioned rights, will be suspended.
• Articles of the Constitution which are restricted during the state of emergency:
1. Article 24 of the Constitution (Privacy);
2. Article 29 of the Constitution (Freedom of acquiring and imparting knowledge)
3. Article 31 of the Constitution (Right to strike)
4. Article 32 of the Constitution (Freedom of assembly)
5. Article 43 of the Constitution (Fair administrative action)
6. Article 44 of the Constitution (Personal liability)
7. Article 45 of the Constitution (No unlawful arrest or detention)
8. Article 46 of the Constitution (Power of arrest and detention)
9. Article 47 of the Constitution (Search and seizure)
10. Article 49 of the Constitution (Release of accused)
11. Article 50 of the Constitution (Prompt investigation and prosecution)
12. Article 56 of the Constitution (Right to appeal)
13. Article 58 of the Constitution (Compensation)
14. Article 65 of the Constitution (Application to court to obtain a remedy)
15. Article 99 of the Constitution (Summoning persons)
16. Article 100 of the Constitution (Removal of President or Vice President)
17. Article 101 of the Constitution (Vote of no confidence in member of the cabinet)
18. Article 113 of the Constitution (Jurisdiction of the Supreme Court)
19. Article 145 ( c) of the Constitution
20. Article 228 of the Constitution (Prosecutor General – Removal from office)
21. Act no 12/2016 (Criminal Procedure Code)
• Sections of the laws which will be suspended during the state of emergency:
Section 12 (Privileges/immunities of judges) and Section 14 (Justices’ right to be informed of actions brought against him or her) of Law No. 13/2010 (Judges Act of the Maldives)
The Government of Maldives wishes to assure the Maldivian people and the international community that the safety of all Maldivians and foreigners living in and visiting the Maldives will be ensured.
