A complaints and discipline body to moderate police actions and avoid police brutality has been mentioned a thousand times but the recent death of Rajesh Ramlogun in custody involving seven members of the Major Crime Investigation Team (MCIT) must have prompted the government to go ahead with the project. The Police Complaints Commission bill will be introduced in Parliament shortly. Mauritius will finally have an institution that makes sure the police force does its job in strict respect of human rights and of the law.

Not only will the Police Complaints Commission (PCC) be given the duty of investigating the public?s complaints against members of the police force but it will also be able to open its own enquiries based on its own information. The commission?s overall duty is to make sure that the police force does its job properly ? which involves the surveillance of detainees? living conditions and any deaths in police custody. More generally, and to prevent any problems, the commission will have to make recommendations on the ways of tackling and eliminating ?police misconduct?.

The PCC will however not be given the right to take action against those who infringe the law as shown by its enquiry. It will have to refer the case to the Director of public prosecutions (DPP), the commissioner of police or the president of the Republic.

However, during their enquiry, members of the commission will be able to arrest suspects and ask for a magistrate?s warrant, if necessary. The commission will be given all the means to carry out a thorough enquiry but not the role of punishing the parties proved guilty.

To show its good faith and the work done, the PCC will have to submit a yearly report to the president of the Republic every 31st March on all its activities during the past year. The report will then be tabled in the National assembly.

The three members of this commission will need a minimum experience in human rights. Policemen or former policemen cannot be considered for the post. Any member must have five years of experience as a lawyer.

The commission will be chaired by a president with five years experience as a magistrate or judge or ten years experience as a lawyer or someone with experience in a similar institution abroad. The chairperson will be appointed by the president in consultation with the prime minister.