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Conclusions and recommendations of the Committee against Torture, Mauritius, U.N. Doc. A/50/44, paras. 132-145 (1995).


Convention Abbreviation: CAT


Conclusions and recommendations of the Committee against Torture


132. The Committee considered the initial report of Mauritius (CAT/C/24/Add.1 and 3) at its 212th and 213th meetings, held on 26 April 1995 (CAT/C/SR.212 and 213), and adopted the following conclusions and recommendations.

A. Introduction
133. The Committee thanks the Government of Mauritius for its report, submitted within an appropriate period and prepared in accordance with the Committee's guidelines.

134. In addition, it followed with interest the oral presentation and the clarifications provided. It also wishes to thank the delegation for its replies and the open spirit of cooperation in which the dialogue was conducted.

B. Positive aspects
135. The Committee welcomes the efforts by the State party in regard to reviewing the Constitution, laws and regulations to ensure that the country's judicial system is in conformity with the provisions of the Convention.

136. These efforts seem to reflect a genuine will to create the requisite conditions for the promotion and protection of human rights and also to prevent the practice of torture and cruel, inhuman or degrading treatment.

137. It welcomes the existence of an ombudsman and the possibility of using the habeas corpus procedure.

C. Subjects of concern
138. The Committee is none the less concerned at allegations received from some non-governmental organizations about acts of torture and ill treatment which are said to be practised on police premises.

139. The Committee is also concerned about certain inadequacies in the adoption of suitable measures for the purpose of officially combating torture, particularly the timidity shown in conducting inquiries and promptly bringing the perpetrators of such acts before the courts.

140. This situation gives the impression of comparative impunity for the perpetrators of these offences, impunity that is detrimental to proper implementation of the provisions of the Convention.

D. Recommendations
141. The Committee recommends that the State party should make efforts to incorporate the provisions of the Convention in domestic law for the purposes of adopting and applying domestic enforcement measures.

142. The Committee also recommends that the State party, with a view to ensuring broader protection of persons under arrest, should effectively set up machinery for systematic monitoring of all police premises, to give effect to the commitments undertaken pursuant to article 11 of the Convention.

143. The Committee also recommends that the State party should pursue its efforts to undertake further legislative reforms, more particularly in regard to prison administration, periods of police custody and the right to be attended by a doctor or to be visited by a family member.

144. The Committee recommends that the State party should undertake and press on with inquiries into all actions by police officers, inquiries capable of determining whether acts of torture have taken place and, when the findings of the investigations prove positive, bring the perpetrators before the courts on the one hand, and order and transmit to the police precise and clear instructions to prevent any act of torture, on the other. It recommends that the State party should step up information training programmes for all personnel referred to in article 10 of the Convention.

145. Lastly, the Committee recommends that the State party should take all the requisite measures to ensure effective implementation of article 14 of the Convention for the purpose of full compensation and rehabilitation of the victims of torture or their dependants.



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