Convention
Abbreviation:
CAT
COMMITTEE AGAINST TORTURE
CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES UNDER ARTICLE
19 OF THE CONVENTION
Conclusions and recommendations of the Committee against Torture
Mauritius
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.
