Uncategorized

Laws of Mauritius

Google+ Pinterest LinkedIn Tumblr

 

Being a citizen of Mauritius, it may happen that you will have to deal with law enforcement officers in Mauritius. So, it is in your advantage to arm yourself with sufficient knowledge about your constitutional rights as a citizen of Mauritius and some other laws that police officers have to abide by.

Citizens of Mauritius should know that their freedom and fundamental rights are protected by the constitution of Mauritius. But what is included in their fundamental rights? Let us find out.

Article 4 Protection of right to life

No person shall be deprived of his life intentionally:

The police force cannot detain a person with no ground whatsoever. Each individual has the right to life, liberty and security. One has the freedom to express himself openly, personal viewpoints and a freedom of conscience.

No discrimination shall be inflicted upon a person with regards to his race, political opinions, colour, creed, place of origin or sex.

Laws of Mauritius

Article 7. Protection from inhuman treatment

The police does not have the right to torture you in order to draw information or statements from the accused party. The laws of Mauritius does not allow for a person to be administrated to inhuman or degrading punishment.

Article 9. Protection of privacy of home and other property.

So, the police knocks on your door and to your astonishment, your house is to be subjected to a search. First, you should ask to see a search warrant to verify that it is official and legally admissible.

What you should know:

The police do not have the right to detain you, based on an allegation. An enquiry is to be initiated first.

Conduct of search

The police officers shall not proceed with a search where it eventually appears to him that no search is required or a search is not achievable.

Police cuff

Article 10. Provisions to secure protection of law

If you are currently charged with a criminal offence, here is what you should know :

You are presumed to be innocent until you have pleaded guilty or proved to be guilty. An individual has the right to choose a legal representative at his own expense who would act on his behalf.  There are many established law firms in Mauritius. The legal representative includes lawyers in Mauritius as well as Attorneys in Mauritius.

 

 

 

Quotes and references :

What does the Constitution of Mauritius Says?

Article 4.Protection of right to life (1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a criminal offence of which he has been convicted. (2) A person shall not be regarded as having been deprived of his life in contravention of this section, if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable – (a) for the defence of any person from violence or for the defence of property; (b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained; (c) for the purpose of suppressing a riot, insurrection or mutiny; or (d) in order to prevent the commission by that person of a criminal offence, or if he dies as the result of a lawful act of war.

Article 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.

Article 9. Protection of privacy of home and other property (1) Except with his own consent, no person shall be subjected to the search of his own person or his property or the entry by others on his premises.

Article 10. Provisions to secure protection of 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 practical, 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 described, by a legal representative provided at the public expense;

THE POLICE AND CRIMINAL EVIDENCE BILL

This Bill provides that a person shall not be arrested on the basis of an allegation without an enquiry being carried out.

(1) Where a police officer, in the exercise of his powers under section 4 or any other enactment which authorises the search of a person or a vehicle without making an arrest, detains a person or a vehicle, he shall –not conduct a search where it subsequently appears to him that no search is required or a

Write A Comment