Chief Justice Abdulla Saeed has filed a habeas corpus plea with the Criminal Court challenging his “arbitrary detention”.
This was revealed by Saeed’s legal team at a press conference on Wednesday.
Legal team member Hisaan Hussan said that although cases related to arbitrary detentions have to be fast-tracked, Criminal Court has not responded to the case filed by Saeed regarding his “arbitrary detention”.
She highlighted that Saeed is being subjected to inhumane treatment at the Dhoonidhoo detention centre, and even though the case has been submitted to the Human Rights Commission of the Maldives (HRCM), there has been no response.
Hisaan said Criminal Court has also been informed of the terrible conditions Saeed is being subjected to at the detention centre, adding that although the court has previously deliberated on matters related to the detention of top state officials – how authorities should treat them and the condition of the places, where they are held, should be – but the court has not deliberated on Saeed’s case.
She further said that despite suspension of some articles of the constitution during the state of emergency, it would not apply to the Chief Justice. She explained that some of the articles were suspended after Saeed’s arrest, and the courts have previously declared that in such instances, a decision would not affect an event that has occurred prior to making that decision. And therefore, Saeed should be granted all his rights in his official capacity, she said.
Hisaan also criticized Judicial Service Commission (JSC), saying that Saeed’s suspension was unlawful as it was based on an investigation being conducted by the police.
Noting that Saeed has denied the accusations against him, Hisaan said that, so far, police have not conducted investigations and questioned Saeed in accordance with the Criminal Procedures Act. And, she expressed concern about police’s threats to take legal action against detainees who refuse to cooperate.