Four Cases received at the National Human Rights Commission since 2013

Reza Uteem, first member of Port Louis South and Port Louis Central, wanted to know of the number of applications received for inquiry to be carried out at the National Human rights Commission and whether there exists sufficient fresh and compelling evidence to refer convictions to the Court of Appeal for review, since 2013 to date, indicating the outcome in each case.

The Prime Minister told the House that ‘a convicted person or his representative is allowed to apply to the National Human Rights Commission requesting the latter to conduct an inquiry as to whether there exists sufficient fresh and compelling evidence to refer the case to the Court of Criminal Appeal for a review of the proceedings under section 19A (4) of the Criminal Appeal Act. This provision only applies to decisions of the Supreme Court and not those of the Intermediate Court or District Court. The National Human Rights Commission that since July 2013, 4 applications have been received for inquiry to be carried out under section 4A of the Protection of Human Rights Act. In two cases, enquiry was carried out and no fresh and compelling evidence was found to justify referring the cases to the Court of Criminal Appeal for review in accordance with section 19A(4)(b) of the Criminal Appeal Act. The third application was rejected as the applicant was tried by the Intermediate Court and not the Supreme Court. The fourth application was also rejected due to non-availability of exhibits and blood samples. In all cases, the applicants or their legal counsel were informed accordingly.’