119. The
Committee welcomes the report of Mauritius submitted on time and supplemented
and updated by the Solicitor-General of the State party, who introduced
it. The above clearly reflects the continuing efforts of the State
party to comply with its international human rights obligations.
2. Positive
aspects
120. The
Committee takes note of the following, inter alia, positive
aspects, many of which closely follow upon recommendations made by
it during the consideration of the initial report:
(a) The
abolition of the death penalty;
(b) The
recent coming into force of the Protection of Human Rights Law, which
establishes the National Human Rights Commission, the competence of
which includes examination of torture complaints;
(c) The
amendment of article 16 of the Constitution in order to prohibit discrimination
based on gender;
(d) The
training programmes for the police and other law enforcement officials
with a human rights component.
3. Factors
and difficulties impeding the application of the provisions of the
Convention
121. No factors
or particular difficulties emerged as a result of the consideration
of the report by the Committee and it was clear that the State party,
a developing country, is to the best of its ability carrying out its
obligations under the Convention.
4. Subjects
of concern
122. The
Committee is concerned about the fact that six years after its accession
to the Convention and four years after the consideration of its initial
report, the State party has failed to incorporate into its internal
legislation important provisions of the Convention namely:
(a) A definition
that encompasses all cases covered by article 1 of the Convention;
(b) Article
3 of the Convention in toto, i.e. covering not only extradition
but also, expulsion and return (refoulement);
(c) The
provisions of article 5, subparagraphs 1 (b) and (c) and 2 in conjunction
with those of articles 8 and 9.
5. Recommendations
123. The
Committee recommends that the State party should take the following
measures:
(a) Enact
legislation defining torture in accordance with article 1 and considering
it as a specific crime;
(b) Clarify
through appropriate legislation that superior orders can never be
invoked as a justification of an act of torture;
(c) Introduce
legislation that would give effect to all the provisions of article
3 of the Convention by preventing extradition, return and expulsion
of persons in danger of being subjected to torture;
(d) Take
legislative measures to establish universal jurisdiction as required
by article 5 of the Convention;
(e) Appraise
the Committee of the results of the investigation and judicial inquiries
into the death, whilst in custody, of Mr. Kaya;
(f) Ensure
that all instances of torture and especially those resulting in death,
are promptly and effectively investigated by an independent body and
that the perpetrators be brought immediately to justice.