54. 马尔代夫政府还认为，Mahloof 先生遭拘押不满足第三类的判定标准。只要被告是在有律师协助的程序中根据国内法律被施以惩处的，那么存在违反正当程序情事本身并不一定使拘押具有任意性。政府援引“双重门槛”标准，即：首先，必须存在侵犯正当程序权之情事；其次，侵权情事必须重大到足以宣布整个程序无效，方能使拘押具有任意性。
54. The Government also maintains that the detention of Mr. Mahloof does not fulfil the criteria under category III. The existence of due process violations does not necessarily render detention arbitrary, provided that the defendant is punished in accordance with domestic law in a process in which he or she was assisted by a lawyer. The Government refers to the “double threshold”, in that to render detention arbitrary, there must first have been a violation of due process rights and thereafter that the violation must be of sufficient importance to declare the entire process null and void.