<B>Human Rights,

Constitutional Rights</B>

Are there any human rights in this country? Mr Abdool Satar Hamuth faces an extradition request after allegations have been made against him. He has not been tried by any court and is not yet a convicted person. He has not even faced any police enquiry yet.

The Constitution of Mauritius guarantees an individual?s fundamental rights. Any suspect is presumed innocent until proven guilty. Any suspect has the right to be released on bail.

The Bail Act provides bail as a rule not as an exception. Any law that is inconsistent with the Constitution is void. The Extradition Act, dating back to the 70s, flagrantly contravenes the Constitution in so far as a suspect?s fundamental rights are concerned.

It is customary in Mauritius for suspects in any case, whatever the gravity of the alleged offence, criminal or otherwise, to be released on bail, until the matter is heard before a court. We have seen people suspected of murders, serious fraud, drug trafficking, etc. easily obtain conditional liberty without having to fight for it.

In Hamuth?s case, there is no alleged offence committed within the jurisdiction of Mauritius. There is no police enquiry into the allegations against Hamuth. Hamuth is still on Mauritius soil which means that domestic jurisdiction should apply. It is clear that Hamuth has absolute right to be released on bail until a decision is taken whether to extradite him or not.

If such a decision is taken, Hamuth still has the constitutional right to remain on bail until the date of departure to UK. In other words, Hamuth, a citizen of Mauritius, should be treated at par with other citizens of Mauritius facing criminal charges for offences committed or allegedly committed in Mauritius.

Unfortunately, this is not the case. Hamuth is being detained unlawfully, and worse, his family has no access to him. Being unhealthy, he is denied his right to be seen by a medical officer of his choice. Other suspects in far more serious offences were not!

And the most surprising fact of all? Well, the silence of the Honorable Attorney General who is normally quick to condemn any injustice and attack on human rights? Other suspects have had the privilege to use his ministerial office as transfer station. The undersigned has been trying for weeks to get an appointment with him to discuss irregularities surrounding the above matter, but in vain.

The State Law Office is systematically objecting to the release on bail of Hamuth, even overturning a recommendation from none other than the National Human Rights Commission (NHRC). Even in UK bail is guaranteed for the said alleged offence. If the National Human Rights Commission is itself not empowered by law to enforce human rights in Mauritius, then should people have recourse to the various ?VOICES? to seek justice? It seems that however much the NHRC officials are dedicated to their cause, they cannot achieve much as the NHRC has a limited figurative role only.

Does Mauritius care for its citizens and protect them? It?s nice to hear the Honorable Prime Minister and other cabinet ministers talk about justice, equality, human rights, etc. but in practice, it?s all the opposite. I wonder whether Abdool should change his name to Dev or Harry. I sincerely hope I am wrong.

We, the youth of this country, still have faith in our motherland, our government, Constitution, society and judiciary. But if such flagrant injustice, discrimination, unwarranted denial of fundamental rights and inhuman treatment are inflicted selectively, ideals such as patriotism, motherland, equality, freedom etc. would sound hollow.

Business Facilitation, Streamlining of administrative procedures, Democratization of the economy, abundant FDI, booming emerging sectors, World Bank Rankings, International Awards, etc., all these do not happen at a click. Young Mauritians like me returned after studies abroad to work hard for our country, because we have a dream, an ambition, a target. We believe in our potential. We are contributing to the country?s economic success. We sacrifice our lunch time, our evenings and week ends to participate in our development, in line with the government?s philosophy.

In return we feel victimized by the law, the legal system, and the people manning the system. Who is behind the show? Why? We are not asking for any privilege or favourable treatment. All we want is that our rights are respected. Justice, equality, human rights.

Shaffick HAMUTH</B>