LEGAL SYSTEM:THE CRIMINAL Justice system in Mauritius is similar to the British legal system but with some French influences, as the country was colonised by both countries in the past.
During the French period, Mauritius’s legal system was governed by the French Napoleonic Code and this remained in force when the island nation was under British rule.
In terms of legal procedure, once the police believe they have a strong enough case against an individual, they can bring a provisional charge against him. The accused can then be held on remand for up to one year while investigators build their case.
Mauritius police inspector Ranjit Jokoo said the process was that when a person was arrested, he was brought before a court of law at the next sitting on a provisional charge.
“And after that they will be returned to the police cell until the police complete their inquiry; then there is a procedure and then the director of public prosecutions will decide the final charge under which all these persons will be before a court of law,” he said.
The accused has the right to apply for bail at the first hearing, and the police can also oppose the application if they feel the accused is a flight risk or a danger to members of the public. If the magistrate grants bail, the accused is not allowed to leave the country.
At the next hearing, full charges may be brought. In the case of the men accused of the murder of Michaela Harte, they could face up to 20 years in jail if convicted. If found guilty, they can appeal to the supreme court of appeal.
Normally this would take an extremely long time but according to local legal sources such a time frame is unlikely in the case of the Harte murder accused, as there is a lot of pressure on the government and legal system to bring this case to a close. In terms of Mauritius’s human rights record, the US state department says the government generally respects its citizens’ human rights. However, security force torture and the abuse of suspects and detainees as well as the harassment of journalists have been reported.
