In Dialogue with Mauritius, Experts of the Committee against Torture Praise the Prohibition of Corporal Punishment, Ask about the Minimum Penalty for Torture and Prison Conditions
The Committee against Torture today concluded its consideration of the fifth periodic report of Mauritius, with Committee Experts praising the prohibition of corporal punishment through the children’s act of 2020, and raising questions about the minimum penalty for torture offences, prison conditions and the treatment of prisoners.
Naoko Maeda, Committee Expert and Country Co-Rapporteur, commended the children’s act of 2020, which prohibited corporal punishment in all settings and established a special court for children. Would the State party establish a time limit for pre-trial detention of children that was in accordance with the Beijing Rules? How many children were in pre-trial detention?
Bakhtiyar Tuzmukhamedov, Committee Expert and Country Co-Rapporteur, said the section of the Criminal Code on police brutality had been amended to increase the upper threshold of fines and prison sentences for the offence. However, it did not set lower thresholds for these punishments. Would this section apply to acts of torture and were the punishments sufficient?
Ms. Maeda expressed concern regarding reports of inadequate food and material conditions in prisons, insufficient access to medical and rehabilitation services and family visits, and the number of detainees who died in police custody. How were these issues being addressed?
She further noted with concern that the provisional charges system was still in place, under which persons could be detained on suspicion of commission of a serious offence. How did the State party ensure detainees’ rights from the moment of detention, including the right to be presented before a judge?
Introducing the report, Gavin Patrick Cyril Glover, Attorney-General of Mauritius and head of the delegation, said the children’s act of 2020 prohibited the infliction of corporal or humiliating punishment on a child as a discipline measure. The act also set the age of criminal responsibility at 14 years and stressed that the detention of a juvenile suspected of having committed a criminal offence was imposed only as a measure of last resort.
On the minimum penalty for torture, the delegation said prosecutors typically called for the highest penalty in cases of torture, but judges had the ability to issue lesser penalties. The State party would address the lack of minimum penalties for torture crimes in its legislation.
Mr. Glover said Mauritius’ Constitution, the reform institutions act, and prison regulations provided for the safe and humane treatment of prisoners. The National Preventive Mechanism Division examined the treatment of persons deprived of their liberty, and police and prison officers received training on international and regional human rights standards prohibiting torture.
The delegation added that there had been some worrying reports of abuse of authority by police officers. The Independent Police Complaints Commission had taken on the burden of investigating these cases and determining accountability. The delegation cited four cases of deaths in custody for which judicial inquiries had been launched.
The police and criminal evidence bill had yet to be adopted, the delegation said, but it would likely be adopted within a year. It set a time limit for the detention of persons awaiting trial, and stated that arrests could not be carried out without sufficient evidence.
In closing remarks, Claude Heller, Committee Chair, said the Committee was encouraged by the dialogue and expressed hope that the rule of law was being strengthened in the State. The Committee hoped that its recommendations would have a positive impact on the human rights situation in Mauritius.
In his concluding remarks, Mr. Glover said that the Committee’s review would help to ensure that deficiencies in Mauritius’ legal and policy framework would be addressed. The State party would ensure that the winds of change that started to blow with the election of the new Government in November 2024 would continue.
The delegation of Mauritius consisted of representatives from the Attorney-General's Office; Ministry of Foreign Affairs, Regional Integration and International Trade; and the Permanent Mission of Mauritius to the United Nations Office at Geneva.
The Committee will issue concluding observations on the report of Mauritius at the end of its eighty-second session on 2 May. Those, and other documents relating to the Committee’s work, including reports submitted by States parties, will be available on the session’s webpage. Summaries of the public meetings of the Committee can be found here, and webcasts of the public meetings can be found here.
The Committee will next convene in public on Monday, 14 April at 11 a.m. to hear the presentation of the annual report of the Chair of the Subcommittee on Prevention of Torture.
Report
The Committee has before it the fifth periodic report of Mauritius (CAT/C/MUS/5).
Presentation of Report
GAVIN PATRICK CYRIL GLOVER, Attorney-General of Mauritius and head of the delegation, said Mauritius had always strived to uphold its obligations under international law. This could be seen through the ratification of seven core United Nations human rights treaties and five Optional Protocols to these treaties, including the Optional Protocol to the Convention against Torture. The provisions of these instruments had been incorporated in the domestic legislative framework through various legislation. The provisions of the Rome Statute had also been domesticated, thus providing national courts with universal jurisdiction over war crimes, including torture.
Last December, the Government translated the Convention into the widely spoken dialect of Kreol Morisien and published this translation online to raise awareness about its content. Police and prison officers were directed to ensure compliance with the provisions of the Convention. In addition, in order to promote the universal accession of the Convention, Mauritius had joined the Convention against Torture Initiative.
Last year’s general elections in Mauritius demonstrated the vibrancy of the State’s democracy, with a very high turnout of almost 80 per cent of voters. The new Government, under the leadership of Prime Minister Navinchandra Ramgoolam, had embarked on a mission to strengthen democratic principles and access to justice. The new Government would set up a Constitutional Review Commission to make recommendations for constitutional reforms that enhanced the protection of fundamental rights.
On 4 April 2025, the Cabinet agreed to the introduction of the Constitution (amendment) bill and the Criminal Code (amendment) bill into the National Assembly. The first bill aimed to repeal section 7 (2) of the Constitution to ensure the absolute prohibition of torture in all circumstances, and the second bill would bring the Criminal Code provisions on homicide, wounds and blows under lawful authority in line with the absolute ban on torture. The Cabinet had also approved an amendment to the Criminal Code that removed provisions excusing manslaughter committed on spouses found committing the act of adultery. These revisions were in line with Committee recommendations.
The police and criminal evidence bill would soon be adopted. This would become one of the most significant pieces of legislation in the criminal justice system, impacting the work of the Independent Police Complaints Commission. Additionally, the Government would adopt a zero-tolerance policy and a victim-oriented approach to domestic abuse and human trafficking. Consultations were ongoing for the introduction of a new domestic abuse bill, which would define marital rape as a specific criminal offence with appropriate penalties.
The children’s act of 2020 promoted the best interests of the child and prohibited the infliction of corporal or humiliating punishment on a child as a discipline measure. The offence carried, as penalty, a fine not exceeding 200,000 rupees and a prison term not exceeding five years. The act also set the age of criminal responsibility at 14 years and stressed that the detention of a juvenile suspected of having committed a criminal offence was imposed only as a measure of last resort. A Children’s Court had been set up and was operational. The 2020 child sex offender register act aimed to reduce and prevent the risk of sexual offences against children, as recommended by the Committee.
Mauritius had developed a National Action Plan on Trafficking in Persons 2022-2026, in collaboration with the International Organization for Migration. Following amendments in 2023, the combatting of trafficking in persons act provided for a victim-centred approach, allowing for more rigorous identification and prosecution of cases of trafficking in persons. It established an effective institutional framework and provided additional legal powers to the police to protect victims.
The Constitution of Mauritius, the reform institutions act, the prison regulations, and the prison standing orders provided for the safe and humane treatment of prisoners in Mauritius. The Mauritius Prison Service adhered to the Nelson Mandela Rules. The National Preventive Mechanism Division examined the treatment of persons deprived of their liberty with a view to ensuring their protection against torture and made recommendations regarding the improvement of prison conditions. Officers from police and prison departments regularly received training courses on international and regional human rights standards prohibiting torture, and national and international codes of conduct for law enforcement.
Mauritius was committed to upholding its obligations towards human rights treaty bodies, including the Convention, as demonstrated by its serious endeavours to comply with the Committee’s recommendations.
Questions by Committee Experts
BAKHTIYAR TUZMUKHAMEDOV, Committee Expert and Country Co-Rapporteur, said the State’s Constitution upheld the right to be free from “torture or inhuman or degrading punishment or other such treatment” but did not mention “cruel” treatment. Why was this? The Committee hoped that the planned amendments to the Constitution were successful. Was the right to be free from torture non-derogable and absolute, including in states of emergency? Did the Convention take precedence over domestic legislation? Were the provisions of the Convention that referenced “cruel treatment” deemed to be contrary to the Constitution?
The definition of torture in the Criminal Code made exceptions for offences committed by public officials carrying out punishments determined by law. Why was this? Did the State’s legislation address the offence of planning to commit torture? Could the Convention be invoked in domestic courts? Why was the Supreme Court reluctant to cite applicable provisions of the African Charter?
The section of the Criminal Code on police brutality had been amended to increase the upper threshold of fines and prison sentences for the offence. However, it did not set lower thresholds for these punishments. Would this section apply to acts of torture and were the punishments sufficient? The penalty for acts of corporal torture in the Code was far higher. Why was this? If police officers committed acts of torture, under what provision were they investigated?
Who appointed judges in Mauritius, how were they selected and how independent and impartial was the process? Were judges required to continue their education throughout their careers? How ethnically diverse was the judiciary and law enforcement? How were elements of traditional justice harmonised with the ordinary legal system?
The displacement of the inhabitants of the Chagos islands amounted to inhuman treatment by a foreign State. What measures were in place to support them? What were their chances of obtaining full redress and compensation, including relocation to their native islands?
What measures had the State party taken under the Prevention of Terrorism Act? How did the Government ensure that these measures complied with its obligations under international law, including the Convention? Would the State party consider acceding to the 1951 Convention Relating to the Status of Refugees? Mauritius was not a party to the Second Optional Protocol to the International Covenant on Civil and Political Rights, aiming at the abolition of the death penalty, or to the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families, and the International Convention for the Protection of All Persons from Enforced Disappearance. Did Mauritius intend to complete accession to those instruments?
Did the Constitution allow for the potential reinstatement of capital punishment? What percentage of police and prison officers completed training programmes on preventing torture? Did this training address the revised Istanbul Protocol of 2022?
NAOKO MAEDA, Committee Expert and Country Co-Rapporteur, said the National Human Rights Commission of Mauritius had “A” status under the Paris Principles. How was the State party promoting the participation of civil society in the Commission and ensuring that the appointment process for members was transparent? What resources were provided to the Commission over the reporting period?
The Committee was concerned that the police and criminal evidence bill had yet to be introduced in the National Assembly and the provisional charges system was still in place, under which persons could be detained on suspicion of commission of a serious offence. How did the State party ensure detainees’ rights from the moment of detention, including the right to be presented before a judge and the right to access a lawyer and free legal aid where applicable?
The Committee commended increases in the numbers of judges and magistrates and measures to reduce lengths of trials and pre-trial detention. However, there was still a high rate of lengthy pre-trial detention. What measures were in place to reduce the length and use of pre-trial detention, and to introduce alternatives to detention, in accordance with the Tokyo Rules?
The Committee commended the creation of the Independent Police Complaints Commission, which investigated complaints against the actions of police officers. However, the three members of this body continued to be appointed by the President. What measures were in place to ensure the independence of this Commission? How did the State party ensure that the Commission’s investigations were conducted in a timely manner? There was a low rate of investigated and prosecuted cases as of 2021. How many investigations had resulting in findings of torture by the police? How did the State party ensure that complainants did not face reprisals?
The Committee welcomed training for police officers on topics such as the inadmissibility of evidence obtained under duress. How many officials had been prosecuted for extracting evidence under duress, and in how many cases had courts rejected such evidence?
The Committee was concerned by reports of inadequate food and material conditions in prisons, as well as insufficient access to medical and rehabilitation services and family visits. How were these issues being addressed? The Committee was concerned by the number of detainees who died in police custody. What measures were in place to investigate and prevent such deaths? The National Human Rights Commission had also raised concerns about remand detainees being held with convicted detainees, contrary to the Mandela Rules. What measures were in place to address this? There were 140 women in prison in Mauritius, the majority of whom were foreigners. What were foreign detainees charged with? How did the State party ensure that prison conditions for women detainees were appropriate?
The Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment’s report on its last visit to Mauritius had not been made public by the State party. The Committee called on the State party to do so, and to present measures taken to address the report’s recommendations.
The Committee commended the children’s act of 2020, which prohibited corporal punishment in all settings and established a special court for children. However, the Committee was concerned about the lack of progress in establishing the juvenile justice system prescribed by the Act. Would the State party establish a time limit for pre-trial detention of children that was in accordance with the Beijing Rules? How many children were in pre-trial detention? Could children be tried in the absence of their legal guardian?
There were no legal provisions banning marital rape. What steps had been taken to develop such provisions? There had reportedly been an increase in sexual and gender-based violence in the State and under-reporting of such cases by victims due to fear of stigmatisation. Had the State party taken actions to improve the mechanism for reporting violence against women? What support services were available for victims? The Criminal Code criminalised all acts related to the provision of abortions, even in cases of sexual violence. Would the State party reconsider its blanket ban?
What policy reforms were being made to protect asylum seekers from non-refoulement and create a more supportive environment for asylum seekers? The State party did not have an established procedure for dealing with statelessness. Did it plan to accede to international conventions on statelessness?
Another Committee Expert asked how asylum seekers were treated while waiting for processing of their asylum applications. Were they detained and did they have access to healthcare and education services?
One Committee Expert noted the steps taken to amend the Constitution and the Criminal Code, including to set the age of minimum criminal responsibility to 14 years. What steps had been taken to enable victims of torture to access redress and rehabilitation programmes? Could the delegation provide statistics on court cases concerning redress and alleged violations of rights under article 14 of the Convention? Had measures been taken to incorporate elements of the Convention on redress into domestic legislation?
Another Committee Expert said it was commendable that in October 2023, the Supreme Court made a historic decision to decriminalise same-sex relations between consenting adults. However, there were still reports of hate crimes against individuals based on their perceived sexual orientation and gender identity, and a lack of investigations into such cases. How was the State party addressing this issue?
Responses by the Delegation
The delegation said the 2024 elections gave the Government the majority in the National Assembly needed to push through amendments to the Constitution and the Criminal Code related to torture. The State party aimed to completely overhaul its justice system to enhance access to justice. The Constitutional Review Commission would consider revising the Constitution to address acts of cruelty. The State party aimed to bring the Constitution and its legislative framework in line with the international treaties to which Mauritius was a party.
Criminal Code provisions on “conspiracy offences” specified that there was a possibility to prosecute for “wrongful” acts that did not breach specific laws. Planning to commit serious offences such as torture could be prosecuted under this provision. Prosecutors typically called for the highest penalty in cases of torture, but judges had the ability to issue lesser penalties. The State party would address the lack of minimum penalties for torture crimes in its legislation.
There was a case concerning a death in detention that was before the Supreme Court, and three other cases on deaths in custody before other courts. There had been some worrying cases of abuse of authority by police officers. The Independent Police Complaints Commission had taken on the burden of investigating these cases and determining accountability. The Public Prosecutor had opened a judicial inquiry to find out the facts in one case, responding to the recommendations of the Commission.
Judges of the Supreme Court were appointed from State Law Offices based on seniority. Judges typically had at least 20 years of experience at the time of their appointment. This system did not involve the executive; the chief judges of the Supreme Court were responsible for appointments. There were no ethnicity considerations in appointments. Continuous training on human rights was provided to members of the judiciary. The State party was considering opening a magistracy school, but this had not been achieved yet.
The death penalty was abolished in the Criminal Code in 1995, but a motion to amend the reference to the death penalty in the Constitution was rejected by the Parliament at that time. This was why the State party had not ratified the Second Optional Protocol to the International Covenant on Civil and Political Rights. All death sentences were commuted to life imprisonment after the abolition. The Constitutional Review Committee would consider amending the Constitution to remove the reference to the death penalty.
The police and criminal evidence bill had yet to be adopted, but it would likely be adopted within a year. Its name would be changed to the police and criminal justice bill. The bill would regulate police officers’ powers to investigate, arrest and detain suspects, set a time limit for the detention of persons awaiting trial, and guarantee the human rights of detainees. The bill stated that arrests could not be carried out without sufficient evidence and had provisions to govern the admissibility of confessions. The limit for pre-trial detention was set by the bill at 48 hours but could be extended to a maximum of 72 hours for serious offences.
Domestic courts had not cited recent international court cases related to the Chagos islands. Mauritius’ position was that the United Kingdom owed redress and compensation to native Chagossians and their descendants. The Government of Mauritius had developed measures to promote the integration of the Chagossian community into Mauritius, including scholarships, housing services, food distribution, and recreational activities. Negotiations related to sovereignty of the islands and resettlement were ongoing with the United Kingdom, but the Government believed that the relocation of Chagossians had to occur at some point in time.
Mauritius was previously a French and English colony, and its laws on human rights were inspired by the European Convention of Human Rights. This was why courts often referenced this Convention. However, many courts had also referred to the African Charter on Human and Peoples' Rights.
Current thresholds for legal aid were ridiculous; legal aid was currently only available to persons who earned less than 15,000 rupees a month, even though the minimum wage was 20,000 rupees a month. The Government was reviewing legislation to promote better access to legal aid for persons with low incomes. The Criminal Procedural Act and other legislation had also been amended to ensure that courts gave persons full credit for time spent in pre-trial detention when issuing prison sentences.
The delegation cited four cases of deaths in custody for which judicial inquiries had been launched. In one case, the inquiry found that blows to the victim were not made to extract a confession, while in another, nine police officers were being prosecuted for offences including bodily harm to the victim and the hiding of evidence. In a 2022 case, a citizen was reportedly taken to a police station and tasered while completely naked. The police officers who allegedly engaged in this act were now being prosecuted. There were several cases of victims seeking damages for alleged human rights violations by public officials that were pending before the Supreme Court. One case had been settled out of court without an admission of guilt by the State.
There were currently 18 refugees and 80 asylum seekers in Mauritius. Persons who were not lawful residents of Mauritius did not have access to public education services. However, Caritas provided private education to the children of asylum seekers. The previous Government had decided in 2023 not to implement an asylum processing system proposed by the United Nations High Commissioner for Refugees. Mauritius had not ratified international conventions on statelessness or refugees, as doing so would have serious implications on the State’s limited resources. The Prime Minister had the authority to grant nationality to any stateless persons; currently, the State was not aware of any stateless persons on its territory.
The Criminal Code provided for a minimum period of three years imprisonment for unlawful arrests. The probation of offenders act was last amended 15 years ago, and there was a need to modernise it. Probation was currently rarely used in Mauritius, but courts had alternatives to detention such as community service.
There was legislation that allowed for lawful abortions when specialists determined that the pregnancy endangered the mother’s life, would result in malformation of the foetus, resulted from rape, or when the mother was aged 16 or under. The Minister of Gender Equality and Family Welfare conducted awareness raising campaigns on domestic violence. There were around 500 cases of domestic violence reported in the past few weeks thanks to efforts to raise awareness of reporting channels. Victims were supported by the State and non-governmental organizations to access temporary shelter, legal advice, psychosocial support, and other services. In 2024, the Government introduced a policy on workplace sexual harassment.
Children aged 14 and under who were in conflict with the law were not detained but could be placed in “places of safety” if necessary. The criminal division of the Children’s Court had exclusive jurisdiction over cases involving child offenders aged 14 to 17. If the detention of juveniles was necessary, they were detained in the youth detention centre, where juveniles under pre-trial detention were separated from those serving sentences. While there were over 50 arrests of children in 2022, there were only 12 in 2024 and thus far four in 2025. This demonstrated that the new laws were working.
A digital interview recording system was operational in eight places of deprivation of liberty in Mauritius. Interviewees had the right to refuse digital recording of statements. Thus far, courts had found evidence to be inadmissible in only a small number of cases, due to legal limitations. The police did not work within a rigid protocol and had pushed back against the police and criminal justice bill. The new police and criminal justice bill would address these issues.
Questions by Committee Experts
NAOKO MAEDA, Committee Expert and Country Co-Rapporteur, said the involuntary hospitalisation of persons with disabilities, including children, was still allowed in Mauritius. How many cases of involuntary hospitalisation had oversight bodies reviewed and what were their outcomes? Could the national preventive mechanism conduct unannounced visits to residential care homes and hospitals? Had there been reports of ill-treatment in these institutions?
Could the delegation comment on reports of increased arbitrary arrests, threats and attacks experienced by human rights defenders, a worsening environment for human rights lawyers, and intimidation and harassment of journalists?
Despite the State party’s efforts, including through training for police officers and the 2023 amendments to the combatting in trafficking persons act, human trafficking was reportedly still prevalent, notably sex trafficking of women and children and trafficking for the purpose of labour exploitation in the manufacturing and construction sectors. What measures were in place to tackle difficulties in gathering evidence of trafficking and to provide support services to all victims?
The presence of civil society from Mauritius in the reporting process was relatively low. How did the State party encourage civil society organizations to participate and disseminate the Convention and the Committee’s recommendations?
BAKHTIYAR TUZMUKHAMEDOV, Committee Expert and Country Co-Rapporteur, welcomed that the State party was seemingly preparing to make constitutional amendments to address the issues raised in the dialogue. Was the minimum punishment for police brutality three years imprisonment? Persons under suspicion of an offence relating to terrorism could be detained for a period of up to 36 hours, which could amount to incommunicado detention. Was the denial of bail act still being applied?
The Committee welcomed that Mauritius was participating in the Convention against Torture Initiative. Was it taking measures to prevent the trade of equipment solely used for torture?
Another Committee Expert asked if the State party had taken initiatives such as training to better control the police.
Responses by the Delegation
The delegation said the last 10 years in Mauritius had been very difficult for its citizens. The resounding victory of the current Government in the most recent elections was evidence that things were changing in the country. The Government was working to strengthen training for police officers on human rights and regulation of the police force. It would push for the adoption of the police and criminal justice bill as quickly as possible.
The National Human Rights Commission had the power to conduct unannounced visits of residential homes. The Government would call on the Commission to exercise this power to protect the rights of the elderly.
There were around 10 human rights lawyers in Mauritius, who had had great difficulty in accessing their clients. Some had been arrested in the exercise of their duties. The police now knew that they needed to respect the rights of these human rights defenders. Since November 2024, human rights lawyers had not complained about their treatment by police officers. Planned legislation would prevent police from obstructing human rights defenders.
The Government had a zero-tolerance policy to trafficking in persons. Much had been done to fight trafficking, underpinned by the national action plan on trafficking, which was developed in collaboration with the International Organization for Migration. The Director of Public Prosecutions had set up a taskforce to investigate trafficking cases and support victims. There were 48,000 migrant workers in Mauritius, many of whom were working without permits. The Government aimed to protect these workers from trafficking and ensure that employers educated workers on their rights.
Suspects could be held under the terrorist act in incommunicado detention for up to 36 hours. There were only two drug-related cases in which suspects had been held in incommunicado detention in the last 10 years. The denial of bail act had been declared unconstitutional but was still on the law books; it needed to be removed.
Mauritius did not trade in goods for capital punishment. It imported equipment for police officers that was meant exclusively to protect police officers when they were being violently attacked. The firearms act prohibited the manufacturing or purchase of noxious liquids.
Concluding Remarks
CLAUDE HELLER, Committee Chair, said that the Committee appreciated the delegation’s frank approach to the dialogue. It was encouraged by the winds of change described by the delegation and expressed hope that the rule of law was being strengthened in the State. The Committee would consider the difficulties faced by the State party in changing the mindsets of law enforcement officials. Based on the dialogue, it would select priority recommendations that the State party could implement within a year. It hoped that these recommendations would have a positive impact on the human rights situation in Mauritius.
GAVIN PATRICK CYRIL GLOVER, Attorney-General of Mauritius and head of the delegation, said the Committee’s review would help to ensure that deficiencies in the State’s legal and policy framework would be addressed. Mauritius looked forward to the Committee’s observations. The dialogue had been frank and positive. The State party would work to ensure that the winds of change that started to blow with the election of the new Government in November 2024 would continue.
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