63. 来文方首先提出，Mahloof 先生遭拘押具有任意性，属第一类范畴。Mahloof 先生系依据 2015 年 7 月 16 日生效的《第 9/2014 号法律》(即《刑法》)被判刑。鉴于据称 Mahloof 先生犯下的罪行实施于该法生效以前，来文方提出，根据《宪法》第 59 条的规定，Mahloof 先生有权获得从轻惩处，因为新《刑法》规定的惩处(最长监禁 4 个月零 24 天)比《警察法》规定的惩处(最长监禁 6 个月)轻。马尔代夫政府提出，Mahloof 先生系按《宪法》规定从轻惩处，因为他判了 4 个月零 24 天。
63. The source firstly argues that Mr. Mahloof’s detention is arbitrary within category I. Mr. Mahloof was sentenced on the basis of Law 9/2014 (the Penal Code), which came into force on 16 July 2015. Given that the alleged offence was committed by Mr. Mahloof prior to this law coming into effect, the source contends that article 59 of the Constitution entitled him to a lesser punishment, as the punishment in the new Penal Code was lesser (a maximum term of imprisonment of 4 months and 24 days) than that under the police act (a maximum term of imprisonment of 6 months). The Government argues that Mr. Mahloof was given the lesser punishment, as required by the Constitution, as he was sentenced to 4 months and 24 days.