Official Statement on Parliament confirmation of The President’s Proposed Extension, with amendments, to the State of Emergency

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The Parliament yesterday, 20 February 2018, voted to give approval to the Presidential Decree of 5 February 2018 and its consequent amendments, extend the State of Emergency and provide relief to some of the rights restricted under it on the basis that the State of Emergency will be imposed on individuals alleged to have carried out illegal activities and the places they stayed as per the Decree. The Presidential Decree and its amendments declaring the State of Emergency have been extended by an additional 30 days by the Parliament.

Furthermore, in amending the Decree the Parliament also decided that the rights restricted under the following Articles of the Constitution due to the State of Emergency will be lifted effective from the date of extension of the State of Emergency:

1. Article 100 (Removal of the President or Vice President)
2. Article 101 (Vote of no confidence for a Member of the Cabinet)
3. Article 113 (Jurisdiction of the Supreme Court on the Impeachment of the President)
4. Article 228 (Removal of the Prosecutor General from office)

Section 38 of the Regulation of Parliament states matters on which compliance by citizens which requires more than half of the total membership of the People’s Majilis are present at the sitting at which the matter is voted upon as per 87 (b) of the Constitution. Nonetheless the declaration of the State of Emergency is not included as a matter which requires compliance by citizens as per Section 38 of the Regulation of the Parliament. Hence, the sitting was preceded taking into view that the quorum needed to pass the Presidential Decree declaring the State of Emergency and the consequent amendments were that which is stipulated in Article 86 of the Constitution.

The Parliament at session also decided to seek legal advice of the Supreme Court under Article 95 of the Constitution in relation to the questions raised by some of the members of Parliament with regard to the Parliament’s quorum.