intellectual and moral integrity of the Mauritius Police Force, the Judge
presiding over the trial case and the Office of the Director of Public
Prosecutions in Mauritius.
42. In relation to Article 56 (3),the Respondent State submits that the Complainant
has made use of disparaging language against the Judge presiding over the trial
case. The State avers that the Complainant attacks the integrity of the Judge in
such a way as to cast aspersions on the impartiality of the latter and the public
confidence in the judicial system. The Respondent State argues that there is a
fine balance that needs to be drawn between the language used and the need
to facilitate free expression. The Respondent State submits that the
Complainant was legally represented at both the trial and appeal stages, and
that no ground in relation to the conduct of the Judge was taken before the
Appeal Court.
43. As regards Article 56 (5) of the African Charter, the Respondent State submits
that Mauritius has enacted the Protection of Human Rights Act in 1998,thereby
establishing a National Human Rights Commission (NHRC), having as its
main objective the promotion of human rights. The State submits that the
Complainant does not indicate whether he filed a formal complaint with the
NHRC and whether he was legally assisted.
44.The Respondent State avers that the Complainant has not engaged any
proceedings in relation to his claim in Mauritius even though as per the
documents and judgments he was legally represented. [He] cannot now claim
that he has no avenue to seek redress following his own failure to lodge any
claim against the State for damages of wrongful arrest and detention.
45. In view of the foregoing, the Respondent State submits that the Communication
has failed to satisfy Articles 56 (2), (3), and (5) of the African Charter.
Analysis of the Commission on Admissibility
46. The Admissibility of Communications submitted to the Commission is
governed by the seven requirements set out in Article 56 of the African Charter
which apply conjunctively and cumulatively. According to the Respondent
State, the Communication is inadmissible because the Complainant has failed
to comply with Articles 56(2); 56(3) and 56(5) of the African Charter. The
Complainant on the other hand maintains that Communication meets all the
admissibility requirements and should be declared admissible.