The debate around these facts is dense and has captured the attention of the entire session on Wednesday 15 June. Xavier Luc Duval prepared his attacks around two points, the institution of a proper Commission of Enquiry and the review of the entire Mauritius Police Force (MPF), including a new law. But Pravind Jugnauth remained categorical, “a Commission of Enquiry would not have the desired results”.
Commission of Enquiry needed and why
In his interventions during the session of Wednesday 15 June, the Leader of the Opposition did not cease to plead to the PM and to the House that “We have commitments under the United Nations conventions on torture. The judicial system is itself under threat because confessions will be questionable by particular jurors. We must move to an evidence-based justice system. We must stop these inhumane acts.” He also spoke of “easy access in the Exhibit Room like a Metro Express station. Regarding the seizure of drugs and weapons, it seems that they seize some, sell some and use some. This is not acceptable. It spreads a negative image about Mauritius, on Google there are no less than 2.8 million views on the subject, an image of Torture Island… This goes beyond what the Police or the IPCC will do. That’s why I’m asking the government to consider very seriously a Commission of Enquiry.” Throughout his speech on police torture, Xavier Luc Duval spoke of the flaws in the workings of the MPF and the need for a review.
Commission of Inquiry unjustified and why
Pravind Jugnauth’s reply: “He cannot generalise and imply that the whole lot in the Police Force is rotten! Do you have any evidence? We have honest and law-abiding police officers in the Force. There are also black sheep. But what remains fundamental is that neither the Police Commissioner nor the government will approve or tolerate or cover-up an officer who goes against the law. We are in a state of law,” he argued. The PM also told XLD that “setting up a Commission of Enquiry would not yield the desired results. Even if the Commission of Enquiry incriminates people, the evidence collected cannot be used in prosecutions. The Police will have to investigate again. The Independent Police Complaints Commission (IPCC) is already investigating recent cases of alleged police torture.” He also added that “My government welcomes any Commission of Enquiry that is justified and has its raison d’être, but the one suggested by the Leader of the Opposition is not justified and necessary.”
He explained that under the IPCC Act, any investigation initiated is referred to the DPP for further action. The IPCC is entitled to recommend to the Attorney General to award compensation to victims. The PM continued his speech on 5 similar cases reported to him by the CP, 9 testimonies, six arrests of incriminated officers. He also spoke about the digital interview system devices since 2013 in the 8 police divisions and 805 CCTV cameras installed in almost all police stations since June 2018. Pravind Jugnauth also pointed out that the Police Training School has been providing training on human rights, use of force and firearms and also on ethical behaviour since 2016 and that 8279 police officers have been beneficiaries.
More cases and revision of the law
On the questioning of the Leader of Opposition about the May 2020 correspondence from Youth for Human Rights International on cases of police brutality, the PM pointed out that the latter was rather addressed to the IPCC and the Ministry of Interior was copied. But that “these cases are under investigation. 2 cases have been brought to the Court, the first case will be tried on 27 June and the second on 14 July,” he said. He also said that “the police directorate has replied to the head of the NGO that an investigation has been instituted”. On the review of the law and the whole MPF, Xavier Luc Duval returned to the review of the fine for acts of torture in force in Mauritius set at Rs 150,000, which he considers ridiculous. He contrasted Mauritius with England where such acts are punished by life sentences. The PM’s response reads as follows: “The law must be revised whenever we feel that a revision is necessary. If there is a need for a review, we will do it!
Illegal Tasers and Valayden’s USB Flash Drives
Here is another subject that angered the PM. Xavier-Luc Duval asked him about the status of the investigation, between 2020 and 2022, into the videos that appear in the famous USB Key as well as the use of illegal tasers recently seized from police stations. He also referred to the USB stick deposited by Rama Valayden in December 2020 with the former CP. The Prime Minister responded with questions to be raised about the case. “Why, in a case of police torture, do we go to the Police or the IPCC? Why did Rama Valayden do nothing after 1 month, 3 months and 2 years after handing over the USB stick? Why is it Bruneau Laurette is breaking these cases now ?” The PM also stated that the IPCC is continuing its investigations and the DPP will continue. Rama Valayden and the former Commissioner of Police, Khemraj Servansing, will have to answer for these cases.
XLD concluded: “We cannot rely on the Police to investigate the Police”. During this part of the debate, the Opposition Leader took a swipe at the PM after the latter questioned him and said that the Opposition Leader should be better advised by his counsellors. “I have heard that the Prime Minister is much closer to this lawyer in question and meets him often… Can he ask him directly…? Don’t come and joke with us, we are too old for that…” said XLD. The PM retorted “Can the Leader of the Opposition come and say where and when I met Mr. Rama Valayden? And of all people… Really!”
