Mauritius Faces Scrutiny on Torture, Prison Conditions, and Children’s Rights

The report, which was presented by a delegation led by Attorney-General Gavin Patrick Cyril Glover, touched on topics such as corporal punishment, prison conditions, police brutality, and detainees’ rights.

The Committee against Torture today concluded its review of the fifth periodic report of Mauritius, praising the country’s advancements, such as the enactment of the Children’s Act of 2020, while also raising concerns about several human rights issues. The report, which was presented by a delegation led by Attorney-General Gavin Patrick Cyril Glover, touched on topics such as corporal punishment, prison conditions, police brutality, and detainees’ rights.

Positive Developments in Children’s Rights

One of the most significant developments highlighted by the Committee was the passage of the Children’s Act of 2020, which prohibits corporal punishment in all settings, including homes and schools. The Act also established a special court to address issues related to children’s justice, a move praised by Committee Expert Naoko Maeda. She expressed particular approval of the law’s stipulation that the detention of juveniles should only occur as a last resort, in line with international standards.

However, Maeda raised a critical question regarding pre-trial detention for children. She inquired whether the State party would establish a time limit for such detentions in accordance with the Beijing Rules, an international guideline for juvenile justice. She also asked how many children were currently held in pre-trial detention, stressing that the treatment of young detainees should align with the highest standards of human rights protection.

Concerns about Police Brutality and Torture Legislation

While Mauritius has amended its Criminal Code to address police brutality by increasing the upper limits of fines and prison sentences for such offences, Committee Expert Bakhtiyar Tuzmukhamedov pointed out that the law lacks minimum penalties for police torture. He questioned whether these changes would apply to acts of torture and whether the punishments were sufficient to prevent abuse.

Tuzmukhamedov expressed concerns about the effectiveness of the legal framework in holding officers accountable for torture, particularly in light of Mauritius’ commitment to international treaties that prohibit torture. He urged the State party to clarify whether these penalties would be adjusted to provide stronger deterrence and more consistent enforcement.

Prison Conditions and Deaths in Custody

The Committee raised serious concerns about the treatment of prisoners, specifically citing reports of inadequate food, insufficient access to medical care, and restricted family visits. Expert Maeda noted that some detainees had died in police custody, prompting questions about the safeguards in place to protect those deprived of liberty.

In response, Attorney-General Glover assured the Committee that the government was taking steps to improve prison conditions, including efforts to ensure that all prisoners receive humane treatment as mandated by the Constitution, the Reform Institutions Act, and prison regulations. He pointed to the work of the National Preventive Mechanism Division, which examines prison conditions, and the training of police and prison officers on international human rights standards that prohibit torture.

Despite these efforts, Glover acknowledged that there had been some disturbing reports of police abuse of authority. He pointed to the Independent Police Complaints Commission, which is tasked with investigating such cases and ensuring accountability. He noted that there had been four cases of deaths in custody for which judicial inquiries had been initiated.

Provisional Charges and Detainee Rights

Another issue raised by the Committee was the continued use of provisional charges, which allows individuals to be detained on suspicion of committing a serious offence. This system, Maeda pointed out, might potentially undermine the rights of detainees, particularly regarding their right to be brought before a judge without undue delay. The Committee called for reforms to guarantee that detainees’ rights are respected from the moment of detention, ensuring they are presented before a judge promptly and not subjected to prolonged detention without due process.

In response, the delegation confirmed that a police and criminal evidence bill, which includes provisions to set time limits on the detention of persons awaiting trial, would likely be adopted within the next year. This bill is expected to provide more robust protections for detainees, including stipulations that arrests can only occur if there is sufficient evidence.

The Future of Legal Reforms in Mauritius

While the government of Mauritius has made some strides in addressing human rights issues, including the Children’s Act of 2020 and amendments to its legal framework, the Committee urged continued progress to align with international human rights standards. The delegation’s responses were generally seen as positive, with a commitment to addressing deficiencies in the legal system and ensuring that the country’s rule of law is strengthened.

In his concluding remarks, Glover expressed hope that the ongoing review would help the government address remaining issues in the legal and policy framework. He emphasized that the recent change in government following the November 2024 election had ushered in a new era of reform, which would continue to evolve.

The Committee’s Expectations

Committee Chair Claude Heller also welcomed the dialogue, expressing optimism that the Committee’s recommendations would contribute to the further development of Mauritius’ legal and human rights framework. He noted that Mauritius has shown progress but called for continued vigilance in ensuring that human rights protections are fully implemented and respected.

The Committee will release its concluding observations on Mauritius' report at the end of its 82nd session on May 2, providing the State party with key recommendations aimed at improving human rights practices. These observations, along with the full report and other relevant documents, will be available on the Committee's session webpage.

The Committee’s work will continue with its next public meeting on April 14, when it will hear the presentation of the annual report of the Chair of the Subcommittee on Prevention of Torture.