''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 5. Protection of right to personal liberty''
1. No person shall be deprived of his personal liberty save as may be authorised by law
''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 5. Protection of right to personal liberty''
2. Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 5. Protection of right to personal liberty'
4. d. he shall be afforded reasonable facilities to consult a legal representative of his own choice who shall be permitted to make representations to the tribunal appointed for the review of his case;
''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 5. Protection of right to personal liberty'
5. Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person.
''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 7. Protection from inhuman treatment''
1.No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
2.Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Mauritius on 11 March 1964.
''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 10. Provisions to secure protection of law''
1. Where any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established
''CHAPTER II. PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL, 18. Derogations from fundamental rights and freedoms under emergency powers''
3. Where a person is detained by virtue of any such law as is referred to in subsection (1) (not being a person who is detained because he is a person who, not being a citizen of Mauritius, is a citizen of a country with which Mauritius is at war, or has been engaged in hostilities against Mauritius in association with or on behalf of such a country or otherwise assisting or adhering to such a country)
CHAPTER II — PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
5. Protection of right to personal liberty
(1) No person shall be deprived of his personal liberty save as may be authorised by law —
CHAPTER II — PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
5. Protection of right to personal liberty
(2) Any person who is arrested or detained shall be informed as soon as reasonably practicable, in a language that he understands, of the reasons for his arrest or detention.
(3) Any person who is arrested or detained —
a. for the purpose of bringing him before a court in execution of the order of a court ;
b. upon reasonable suspicion of his having committed, or being about to commit a criminal offence ; or
c. upon reasonable suspicion of his being likely to commit breaches of the peace,
and who is not released, shall be afforded reasonable facilities to consult a legal representative of his own choice and shall be brought without undue delay before a court ; and if any person arrested or detained as mentioned in paragraph (b) is not tried within a reasonable time, then, without prejudice to any further proceedings that may be brought against him, he shall be released either unconditionally or upon reasonable conditions, including, in particular, such conditions as are reasonably necessary to ensure that he appears at a later date for trial or for proceedings preliminary to trial ; and if any person arrested or detained as mentioned in paragraph (c) is not brought before a court within a reasonable time in order that the court may decide whether to order him to give security for his good behaviour, then, without prejudice to any further proceedings that may be brought against him, he shall be released unconditionally.
CHAPTER II — PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
5. Protection of right to personal liberty
(5) Any person who is unlawfully arrested or detained by any other person shall be entitled to compensation from that other person.
CHAPTER II — PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
7. Protection from inhuman treatment
(1) No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment.
(2) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question authorises the infliction of any description of punishment that was lawful in Mauritius on 11 March 1964.
CHAPTER II — PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
10. Provisions to secure protection of law
(1) Where any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
CHAPTER II — PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
10. Provisions to secure protection of law
(1) Where any person is charged with a criminal offence, then, unless the charge is withdrawn, the case shall be afforded a fair hearing within a reasonable time by an independent and impartial court established by law.
(2) Every person who is charged with a criminal offence —
(a) shall be presumed to be innocent until he is proved or has pleaded guilty ;
(b) shall be informed as soon as reasonably practicable, in a language that he understands and, in detail, of the nature of the offence ;
(c) shall be given adequate time and facilities for the preparation of his defence ;
(d) shall be permitted to defend himself in person or, at his own expense, by a legal representative of his own choice or, where so prescribed, by a legal representative provided at the public expense ;
(e) shall be afforded facilities to examine, in person or by his legal representative, the witnesses called by the prosecution before any court, and to obtain the attendance and carry out the examination of witnesses to testify on his behalf before that court on the same conditions as those applying to witnesses called by the prosecution ; and
(f) shall be permitted to have without payment the assistance of an interpreter if he cannot understand the language used at the trial of the offence,
and, except with his own consent, the trial shall not take place in his absence unless he so conducts himself as to render the continuance of the proceedings in his presence impracticable and the court has ordered him to be removed and the trial to proceed in his absence.
(3) Where a person is tried for any criminal offence, the accused person or any person authorised by him in that behalf shall, if he so requires and subject to payment of such reasonable fee as may be specified by or under any law, be given within a reasonable time after judgment a copy for the use of the accused person of any record of the proceedings made by or on behalf of the court.
(4) No person shall be held to be guilty of a criminal offence on account of any act or omission that did not, at the time it took place, constitute such an offence, and no penalty shall be imposed for any criminal offence that is severer in degree or description than the maximum penalty that might have been imposed for that offence at the time when it was committed.
(5) No person who shows that he has been tried by a competent court for a criminal offence and either convicted or acquitted shall again be tried for that offence or for any other criminal offence of which he could have been convicted at the trial of that offence, except upon the order of a superior court in the course of appeal or review proceedings relating to the conviction or acquittal.
(6) No person shall be tried for a criminal offence if he shows that he has been granted a pardon, by competent authority, for that offence .
(7) No person who is tried for a criminal offence shall be compelled to give evidence at the trial.
(8) Any court or other authority required or empowered by law to determine the existence or extent of any civil right or obligation shall be established by law and shall be independent and impartial, and where proceedings for such a determination are instituted by any person before such a court or other authority, the case shall be given a fair hearing within a reasonable time.
BOOK III — CRIMES AND MISDEMEANOURS
TITLE I — OFFENCES AGAINST THE STATE
CHAPTER II — OFFENCES BY PUBLIC OFFICERS
80 Arbitrary detention by public officer
Any gaoler or keeper of a gaol, prison or house of correction, who —
(a) receives a prisoner without warrant or sentence, or who refuses, upon demand, to deliver to the prisoner a copy of the order under which the prisoner was delivered over to him ;
(b) detains or refuses to produce the prisoner to any judicial or police officer entitled to demand the appearance of the prisoner, without proving a prohibition from the Director of Public Prosecutions ;
(c) refuses to exhibit his register to any judicial or police officer,
shall be guilty of arbitrary detention and be liable to imprisonment or to a fine not exceeding 2,000 rupees
PART II – OFFENCES AND JURISDICTION OF COURTS OF MAURITIUS
8. Jurisdiction
(1) A prosecution for an offence under section 4(1) or an ancillary offence shall take place before a Judge without a jury
PART IV – ARREST AND SURRENDER OF PERSONS
15. Proceedings after arrest
(1) Any person who detains a person under a warrant of arrest or a warrant for his further detention shall, without undue delay, bring that person before a Magistrate of the District Court of Port Louis, whereupon that Magistrate shall hold an enquiry relating to the request for the surrender of that person to the International Criminal Court, in order to establish whether –
(a) the warrant applies to the person in question;
(b) the person has been arrested in accordance with the procedures laid down by the law of Mauritius; and
(c) the rights of the person have been respected
PART IV – ARREST AND SURRENDER OF PERSONS
15. Proceedings after arrest
(4) Any deposition or statement made under oath, whether or not it was made in the presence of the detained person referred to in subsection (1), any document, record or judgment of conviction or any warrant issued by the International Criminal Court, or any copy or sworn translation, may be received in evidence at any such enquiry, save that a true copy or translation may only be received in evidence if the document is certified as a true copy or translation by a Judge of the International Criminal Court or by a member of the staff of the International Criminal Court authorised by the Judge
(8) No order for the surrender of any person may be executed –
(a) before the period allowed for an appeal has expired, unless that person has waived his right of appeal in writing; or
(b) before such an appeal has been disposed of.
PART IV – ARREST AND SURRENDER OF PERSONS
15. Proceedings after arrest
(9) (a) Any person against whom an order has been issued under subsection (5) may, within 21 days of the date of the order, appeal against such order to the Supreme Court.
(b) On appeal, the Supreme Court may make such order in the matter as it may deem fit.
(c) No order for the surrender of any person may be executed –
(i) before the period allowed for an appeal has expired, unless that person has waived his right of appeal in writing; or
(ii) before such an appeal has been disposed of
PART IV – ARREST AND SURRENDER OF PERSONS
16. Interim release
(1) A person arrested shall have the right to apply to a Magistrate for interim release,
and, on any such application, the Magistrate shall consider whether –
(a) given the gravity of the alleged crime, there are urgent and exceptional circumstances to justify interim release; and
(b) necessary safeguards have been or will be taken to ensure that the person will surrender to the International Criminal Court
17. Rights of persons during an enquiry
In respect of an enquiry under this Part, every person shall –
(a) not be compelled to incriminate himself or to confess guilt;
(b) not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) if questioned in a language other than a language he fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness;
(d) not be subjected to arbitrary arrest or detention or be deprived of his liberty except on such grounds and in accordance with such procedures as are established in the Statute;
(e) be informed, before being questioned, that there are grounds to believe that he has committed a crime within the jurisdiction of the International Criminal Court;
(f) have the right to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(g) have the right to legal assistance of his choice, or, if he does not have legal assistance, to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it; and
(h) have the right to be questioned in the presence of Counsel unless the person has voluntarily waived his right to Counsel.
PART IV - ARREST AND SURRENDER OF PERSONS
19. Entry into and passage through Mauritius
Any person entering and passing through Mauritius in custody by virtue of a warrant or order issued by the International Criminal Court shall, during his passage through Mauritius, be deemed to be in lawful custody and may be held in any police cell, prison or such other detention facility as may be designated by the Attorney-General.
PART V - CO-OPERATION AND JUDICIAL ASSISTANCE
25. Rights and privileges of witnesses
(2) A person summoned to appear before a Magistrate in terms of section 24 may be assisted by a law practitioner in the proceedings referred to in that section.
PART VI - OTHER FORMS OF ASSISTANCE
34. Registration of sentence or compensatory order
(1)
(a) the sentence or order is final and not subject to review or appeal ;
(b) the person on whom the sentence was imposed or against whom the order was made, had the opportunity of defending himself
PART VI - OTHER FORMS OF ASSISTANCE
35. Registration of forfeiture order
(1)
(a) the order is final and not subject to review or appeal;
(b) the person against whom the order was made had the opportunity of defending himself
PART III - FORMS OF MUTUAL ASSISTANCE
12. Foreign request for enforcement of foreign restraining order or confiscation
(4) For the purposes of subsections (2) and (3), a statement contained in the foreign request to the effect that -
(b) the person who is the subject of the order was given notice of the proceedings in sufficient time to enable him to defend himself, or had absconded, or died before such notice could be given,
1. In respect of an investigation under this Statute, a person:
(a) Shall not be compelled to incriminate himself or herself or to confess guilt;
(b) Shall not be subjected to any form of coercion, duress or threat, to torture or to any other form of cruel, inhuman or degrading treatment or punishment;
(c) Shall, if questioned in a language other than a language the person fully understands and speaks, have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness; and
(d) Shall not be subjected to arbitrary arrest or detention, and shall not be deprived of his or her liberty except on such grounds and in accordance with such procedures as are established in this Statute.
2. Where there are grounds to believe that a person has committed a crime within the jurisdiction of the Court and that person is about to be questioned either by the Prosecutor, or by national authorities pursuant to a request made under Part 9, that person shall also have the following rights of which he or she shall be informed prior to being questioned:
(a) To be informed, prior to being questioned, that there are grounds to believe that he or she has committed a crime within the jurisdiction of the Court;
(b) To remain silent, without such silence being a consideration in the determination of guilt or innocence;
(c) To have legal assistance of the person's choosing, or, if the person does not have legal assistance, to have legal assistance assigned to him or her, in any case where the interests of justice so require, and without payment by the person in any such case if the person does not have sufficient means to pay for it; and
(d) To be questioned in the presence of counsel unless the person has voluntarily waived his or her right to counsel.
1. The accused shall be present during the trial.
2. If the accused, being present before the Court, continues to disrupt the trial, the Trial Chamber may remove the accused and shall make provision for him or her to observe the trial and instruct counsel from outside the courtroom, through the use of communications technology, if required. Such measures shall be taken only in exceptional circumstances after other reasonable alternatives have proved inadequate, and only for such duration as is strictly required.
1. Everyone shall be presumed innocent until proved guilty before the Court in accordance with the applicable law.
2. The onus is on the Prosecutor to prove the guilt of the accused.
3. In order to convict the accused, the Court must be convinced of the guilt of the accused beyond reasonable doubt.
1. In the determination of any charge, the accused shall be entitled to a public hearing, having regard to the provisions of this Statute, to a fair hearing conducted impartially, and to the following minimum guarantees, in full equality:
(a) To be informed promptly and in detail of the nature, cause and content of the charge, in a language which the accused fully understands and speaks;
(b) To have adequate time and facilities for the preparation of the defence and to communicate freely with counsel of the accused's choosing in confidence;
(c) To be tried without undue delay;
(d) Subject to article 63, paragraph 2, to be present at the trial, to conduct the defence in person or through legal assistance of the accused's choosing, to be informed, if the accused does not have legal assistance, of this right and to have legal assistance assigned by the Court in any case where the interests of justice so require, and without payment if the accused lacks sufficient means to pay for it;
(e) To examine, or have examined, the witnesses against him or her and to obtain the attendance and examination of witnesses on his or her behalf under the same conditions as witnesses against him or her. The accused shall also be entitled to raise defences and to present other evidence admissible under this Statute;
(f) To have, free of any cost, the assistance of a competent interpreter and such translations as are necessary to meet the requirements of fairness, if any of the proceedings of or documents presented to the Court are not in a language which the accused fully understands and speaks;
(g) Not to be compelled to testify or to confess guilt and to remain silent, without such silence being a consideration in the determination of guilt or innocence;
(h) To make an unsworn oral or written statement in his or her defence; and
(i) Not to have imposed on him or her any reversal of the burden of proof or any onus of rebuttal.
2. In addition to any other disclosure provided for in this Statute, the Prosecutor shall, as soon as practicable, disclose to the defence evidence in the Prosecutor's possession or control which he or she believes shows or tends to show the innocence of the accused, or to mitigate the guilt of the accused, or which may affect the credibility of prosecution evidence. In case of doubt as to the application of this paragraph, the Court shall decide.