Communication 596/16: Romy Goornah (represented by Dev Hurnam) v. The Republic of Mauritius Summary of the Complaint 1. The Secretariat of the African Commission on Human and Peoples’ Rights (the Secretariat), received a Complaint on 26 January 2016 from Mr. Dev Hurnam (the Complainant), brought on behalf of Mr. Romy Goornah (the Victim). The Complaint is submitted against the Republic of Mauritius (the Respondent State), a State Party to the African Charter on Human and Peoples’ Rights (the African Charter).1 2. The Complainant submits that the Victim is a Mauritian national who settled in South Africa and had business operations in Mauritius and South Africa. The Complainant further submits that on 24 December 2006, the Victim was arrested at the SSR International Airport in Mauritius on a charge of wilfully, unlawfully and knowingly importing 100 grams of cocaine, in a plastic bag wrapped with yellow tape and concealed in his purse, into Mauritius. 3. The Complainant avers that the Victim was brought before the District Magistrate of Grand Port, and he was remanded in custody pending completion of the inquiry. The Complainant further avers that the Victim co-operated fully with the police and gave his statement in which he denied that the purse was his and knowledge of the presence of the drugs. 4. The Complainant submits that, on the day of his arrest, the Victim repeatedly informed the police that the drugs may have been planted in his open and unlocked trolley bag. The Complainant further submits that the Victim invited the inquiring officers to view the CCT cameras at the airport, but the request was not attended to on the alleged ground that the cameras were not functional. 5. The Complainant submits that on 04 March 2007, the Director of Public Prosecutions preferred an indictment before the Supreme Court of Mauritius against the Victim. The Complainant further submits that, on 30 June 2008, the trial started in the Court of Special Assizes sitting with a presiding judge, but without a jury. 6. The Complainant avers that the Victim was brought before the Court of Special Assizes without a preliminary inquiry having been held. The proceedings were concluded on 02 July 2008. 7. The Complainant avers that, on 20 August 2008, the Court handed down the judgement finding the Victim guilty of the charge of wilfully, unlawfully and knowingly importing 100 grams of cocaine into Mauritius. The Complainant further avers that, having regard to the quantity of cocaine secured, the manner in which it 1 The Republic of Mauritius ratified the African Charter on 19 June 1992 1