Maldives

Constitution of the Republic of Maldives

CHAPTER II
FUNDAMENTAL RIGHTS AND FREEDOMS

16. Guarantee of Rights

(c) In deciding whether a right of freedom in this Chapter, has been limited in accordance with article (a) and (b), a court must be fully cognisant of and make reference to all the facts, including :

1. the nature and character of the right or freedom ;
2. the purpose and importance of limiting the right or freedom ;
3. the extent and manner of limiting the right or freedom ;
4. the relationship between the limitation of the right or freedom and the importance of the right or freedom ;
5. the extent to which the objective for which the right or freedom has been limited could have been achieved by limiting the right or freedom to a lesser degree ;
6. the extent to which the right or freedom must be limited in order to protect the tenets of Islam, where the right or freedom has been limited pursuant to article (b).

(d) The onus of establishing that the limitation to any extent, of a right or freedom included in this Chapter is within the reasonable limitations prescribed in this Constitution is on the State or the person asserting the limitation of the right or freedom.

Keywords

Fair trial standards
Rights during investigation - arbitrary arrest or detention and deprivation of liberty



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