Rights during investigation - arbitrary arrest or detention and deprivation of liberty

Mauritius

Mauritius - Constitution 1968 (2016) EN

''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''

3 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.

Mauritius - Constitution 1968 EN

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

(3) Any person who is arrested or detained —

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.

Mauritius - Criminal Code 1983 (2006) EN

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

Mauritius - ICC Act 2011 EN

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

17. Rights of persons during an enquiry
In respect of an enquiry under this Part, every person shall –

(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;

Rome Statute

Article 55 Rights of persons during an investigation

1. In respect of an investigation under this Statute, a person:

(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.