INTEGRITY OF THE PERSON
16. Section 10 of the Constitution lays down provisions to secure the protection of the law where
any person is charged with a criminal offence, amongst which are that he: shall be presumed to be
innocent until he is proved or has pleaded guilty; shall be informed as soon as reasonably
practicable, in a language that he understands and, in detail, of the nature of the offence; shall be
given adequate time and facilities for the preparation of his defence; shall be permitted to defend
himself in person or, at his own expense, by a legal representative of his own choice or, where so
prescribed, by a legal representative provided at the public expense; shall be afforded facilities to
examine, in person or by his legal representative, the witnesses called by the prosecution before
any Court, and to obtain the attendance and carry out the examination of witnesses to testify on his
behalf before that Court on the same conditions as those applying to witnesses called by the
prosecution; and shall be permitted to have without payment the assistance of an interpreter if he
cannot understand the language used at the trial of the offence. He shall further be afforded a fair
hearing within a reasonable time by an independent and impartial Court established by law.
ARTICLE 5- RIGHTS T O RESPECT OF HUMAN DIGNITY, PROHIBITION OF SLAVERY; SLAVE
TRADE; TORTURE CRUEL INHUMAN AND DEGRADING TREATMENT
Every individual shall have the right to the respect of the dignity inherent in a human being and
to the recognition of his legal status. All forms of exploitation and degradation of man
particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment
shall be prohibited.
TORTURE OR CRUEL, INHUMAN AND DEGRADING TREATMENT
17. Section 7 of the Constitution, provides that no person shall be subjected to torture or to
inhuman or degrading punishment or other such treatment.
18. Mauritius is party to Optional Protocol to the Convention against Torture (OPCAT) and has
fulfilled its obligation to establish National Preventive Mechanisms, which are independent
national bodies for the prevention of torture and ill-treatment at domestic level. The National
Preventive Mechanism Division was set up under the National Human Rights Commission in
2014.
19. Since June 2015, its National Preventive Mechanism (NPM) Division investigates
complaints which are made by a detainee and, where the detainee so requests, investigate the
complaint privately.
59