Shadhiya and Dr Shazra Ibrahim were arrested twice last month for participating in these protests but are currently on conditional release.
Aishath Shadhiya, wife of religious scholar Dr Mohamed Iyaz, has sought compensation from the High Court for what she claims was her illegal arrest and detention during protests against Israel near foreign embassies in Male'.
Shadhiya and Dr Shazra Ibrahim were arrested twice last month for participating in these protests but are currently on conditional release.
During a hearing in the High Court, Shadhiya's lawyer, Noorul Salam Abubakar, argued that the Maldivian Constitution guarantees compensation for illegal detention and referred to a past Civil Court decision that awarded compensation for the unlawful detention of former President Abdulla Yameen.
He said that Shadhiya’s rights were violated by her arrest and detention, and requested the court to order the state to compensate her accordingly. He also noted that the High Court has the authority under the Courts Act to issue orders related to compensation, or else the case would need to be resubmitted to the lower court.
The prosecution countered by stating that Shadhiya's arrest and detention were executed under a valid court order, making the detention lawful.
They said that compensation can only be granted in cases of illegal detention without a court order.
Additionally, the prosecution emphasized that under the Vienna Convention, Maldives is obligated to protect foreign embassies, and that Shadhiya's protest targeted a specific embassy. The prosecution also said that police permission is required to hold protests other than Carnival area in Male'.
High Court, presided over by Judge Mohamed Saleem, along with Judge Huzaifa Mohamed and Judge Abdul Maaniu Hussain said that hearings on the case is concluded and will deliver a verdict at the next session, provided no further clarifications are required.
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