CCPR/CO/83/MUS
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of complaints against State officials, the nature of the violations, the State
departments involved, the number and nature of the investigations and the action
taken, as well as the compensation granted to the victims.
14.
The Committee reiterates its concern that the powers to detain provided for by article 5,
paragraphs 1 (k) and 4, of the Constitution are incompatible with article 9, paragraphs 3 and 4, of
the Covenant.
The State party should review these constitutional provisions that are incompatible
with the Covenant.
15.
The Committee notes with concern that bail is not allowed under the Dangerous Drugs
Act 2000 for persons arrested or held in custody for the sale of drugs, especially where they have
already been convicted of any drug offence. The Act also permits suspects to be remanded in
custody for 36 hours without access to counsel (Covenant, art. 9).
The State party should review the Dangerous Drugs Act 2000 in order to enable
judges to make a case-by-case assessment on the basis of the offence committed and
to give full effect to the provisions of article 9, paragraph 2, of the Covenant.
16.
The Committee notes with concern the alarming finding of the report1 drawn up in the
wake of the Beau Bassin prison incidents of 26 September 2003, which shows, in particular, the
considerable percentage of the inmate population in pre-trial detention (36 per cent) and the
excessive length of such detention for serious offences (Covenant, art. 9).
The State party is urged to draw all appropriate conclusions from the
above-mentioned report and ensure that its pre-trial detention practice is
compatible with article 9 of the Covenant.
17.
While taking note of the delegation’s explanations, the Committee reiterates its concern
with respect to the incompatibility of Mauritian legislation with article 11 of the Covenant.
The State party is once again invited to bring its legislation in line with the
provisions of article 11 of the Covenant.
18.
The Committee notes that expulsion procedures contain no provisions guaranteeing
respect for the rights protected by the Covenant (Covenant, art. 13).
The State party should integrate into its legislation all the safeguards which should
accompany an expulsion procedure.
1
“Developments in the conduct of imprisonment”.