Service Commission, the chairman being appointed from among persons
who are entitled to practise as a barrister or as an attorney in Mauritius;
(d)
he shall be afforded reasonable facilities to consult a legal representative of
his own choice who shall be permitted to make representations to the
tribunal appointed for the review of his case;
(e)
at the hearing of his case by the tribunal, he shall be permitted to appear in
person or by a legal representative of his own choice and, unless the
tribunal otherwise directs, the hearing shall be held in public;
(f)
at the conclusion of any review by a tribunal in pursuance of this subsection
in any case, the tribunal shall announce its decision in public, stating
whether or not there is, in its opinion, sufficient cause for the detention, and
if, in its opinion, there is not sufficient cause, the detained person shall
forthwith be released and if during the period of 6 months from his release
he is again detained the tribunal established for the review of his case shall
not decide that, in its opinion, there is sufficient cause for the further
detention unless it is satisfied that new and reasonable grounds for the
detention exist.
(5)
Any person who is unlawfully arrested or detained by any other person shall be
entitled to compensation from that other person.
(6)
in the exercise of any functions conferred upon him for the purposes of
subsection(1)(k), the Commissioner of Police shall not be subject to the direction or
control of any other person or authority.
(7)
Nothing contained in or done under the authority of any law shall any law shall be
held to be inconsistent with or in contravention of subsection (3) to the extent that
the law in question authorises a police officer not below the rank of superintendent
of police to direct that any person arrested upon reasonable suspicion of having
committed any offence related to terrorism or any drug dealing offence be detained
in police custody for a period not exceeding 36 hours from his arrest without having
access to any person other than a police officer not below the rank of Inspector or a
Government Medical Officer.
(8)
A Bill for an Act of Parliament to amend or to repeat the provisions of any law with
regard to the keeping of a custody record and video recording in respect of the
detention of any person for a drug offence shall not be passed by the Assembly
unless it is supported at the final voting in the Assembly by the votes of not less
than three quarters of all the members of the Assembly.
Amended by [Act No. 26 of 1994]; [Act No. 40 of 2000]; [Act No. 4 of 2002]
6.
Protection from slavery and forced labour
(1)
No person shall be held in slavery or servitude.
(2)
No person shall be required to perform forced labour.