Mauritius
Third Mauritian president in five days

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PM Anerood Jugnauth

«People have nothing to fear from the act»

PM Anerood Jugnauth

afrol News, 19 February - Justice Arianga Pillay, the third president of Mauritius in five days, has signed the controversial 'Prevention of Terrorism Act' which made his two predecessors resign. The law gives the police wide-ranging powers to detain anyone suspected of "terrorism". 

The Mauritian presidents mostly hold ceremonial powers, but are expected to sign the bills approved by parliament. Real powers are held by the government and Prime Minister Anerood Jugnauth. The 'Prevention of Terrorism Act' promoted by PM Jugnauth however has been widely disputed on the otherwise politically stable island of Mauritius. 

The parliamentary opposition walked out of the National Assembly in protest when the legislation fist was discussed on 4 February. The bill thus was passed. Mauritian President Cassam Uteem, in office since July 1992, however refused to sign the law and sent it back to Parliament for further discussions. 

A second debate on the law was held at a specially convened session on Thursday, and it was approved again. President Uteem, who was to leave his office in June this year, on Friday again refused to sign the law, and stepped down the same day. His office was transferred to Vice-President Angidi Chettiar, who also refused to approve the anti-terrorism legislation. Chettiar stepped down yesterday. 

As a result, Supreme Court Chief Justice Arianga Pillay was appointed interim president today. "Acting president of the Republic" Pillay immediately approved the 'Prevention of Terrorism Act', according to the Mauritian daily 'Le Mauricien'. 

According to an editorial of the newspaper, Mauritians however doubts the legality of having the head of state and the head of the judiciary united in one person. Further, "this final legislative act should not be executed by the head of the judiciary," a Mauritian PM told the newspaper, which strongly recommended the signing of the bill to be executed by another than Interim President Pillay. 

The new Mauritian 'Prevention of Terrorism Act' has also been strongly criticised by the international community. Amnesty International last week agreed with the Mauritian opposition the bill was too rigid and gave too many powers to the police to detain suspects. Amnesty claims it has "received many allegations of torture or ill-treatment of persons under police custody, including some resulting in deaths."

The Mauritian opposition claims the rights of suspects would be endangered by the new anti-terrorist law. Amnesty is concerned about the power given to police officers not below the rank of Superintendent of Police to detain anyone suspected of "terrorism" for 36 hours without granting him access to legal counsel. The person arrested could only have access to a government medical officer upon his request. The law provides for an amendment to the Constitution of Mauritius to allow for incommunicado detention without counsel for 36 hours of persons suspected of "terrorism".

The human rights group stated it was" concerned that most of the provisions of the bill are too broad and fall short of international standards of fairness." The definition of offences described as "acts of terrorism" may be broadly interpreted to undermine the fundamental rights of the people. 

Prime Minister Jugnauth however holds the law will not break with the positive human rights record of Muaritius. "People have nothing to fear from the Prevention of Terrorism [Act], which will only be applied against real terrorists," he said, according to the French news agency AFP. 


Source: Based on press reports and afrol archives

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