Fair administrative action, Article 48 of the constitution on Rights on Arrest
or Detention, Article 53 of the constitution on Assistance of Legal Counsel,
Article 54 of the constitution on No Degrading Treatment or Torture,
Article 8 of UDHR on Right to Remedy by Competent Tribunal, Article 9 of
UDHR on Freedom from Arbitrary Arrest and Exile, Article 12 of UDHR on
Freedom from Interference with Privacy, Family, Home and
Correspondence, Article 9 of ICCPR on the right to liberty and freedom
from arbitrary arrest or detention, Article 10 of ICCPR on Humane
treatment of People deprived of their liberty, Article 2 of ICPED on
definition of Enforced Disappearance and Article 18 of ICPED on Rights at
arrest and detention.
iii. The detention of the Chief Judge of Criminal Court in Girifushi by MNDF
was in violation of the; Article 69 of the constitution on Non‐destructive
interpretation of Constitution, Article 245 of the constitution on Illegal
orders and non‐compliance, Article 246 of the constitution on Equal
Treatment, Article 20 of Judicature Act on Conforming to and challenging a
ruling, Article 48 of Judicature Act on Jurisdiction of the courts in its own
right, Article 8 of the Armed Forces Act on Duties of the Armed Forces and
Article 18 of Armed Forces on Null and Void Orders.
iv. It is conclusive to the investigation that the President and the Minister for
Defense and National Security has to take the responsibility for arbitrary
arrest and detention of the Chief Judge.
vi. As stated in the Article 159 of the Constitution, investigating and taking
action against judges are the mandate of JSC, it is conclusive that
attempting to forcing the resignation of Chief Judge while detained by
MNDF is in violation of Article 115 (c) of the Constitution on promoting the
rule of law, and to protecting the rights and freedoms of all people.
vii. It is conclusive that MNDF was in violation of the Article 26 (a) of Human
Rights Commissions Act, as it states that “It is a duty of Maldivian citizens
and persons within the jurisdiction of the Maldives as per the Constitution
of the Republic of Maldives, to obey orders to summon to the Commission,
or provide information or submit a document to the Commission or act or
Chapter: Article 9, Arbitrary Arrest
v. It is conclusive that it was the orders of the President to arrest Chief Judge
as there was no action taken against MNDF for disobedience to the orders
of the Courts.
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