33. The Commission decided on the Admissibility of the Communication at its 73rd
Ordinary Session.
The Law on Admissibility
Submissions of the Complainant on Admissibility
34. The Complainant submits that the Communication is admissible because he
has exhausted local remedies, in accordance with Article 56 (5) of the African
Charter.
35. The Complainant submits that he was apprehended on 5 March 2009by ADSU,
and that on 13 June 2013 he was found guilty on two charges and sentenced to
33 years imprisonment plus a fine of Mauritian rupees 300,000, which is equal
to another two years, if unable to pay.
36. The Complainant avers that he appealed against the conviction and the
sentence. He states that the appeal was heard on 8 May 2015, on 23 July 2015,
the appeal was successful, and the conviction and sentence were overturned.
37. The Complainant submits that he was remanded in Central Prison Beau Bassin
for six (6) years and four (4) months.
38. The Complainant submits that he can no longer submit claims against the State
agents involved in his illegal arrest and detention as Section 4 (i) of the Public
Officers Protection Act (POPA) 1957 allows only two years for any person to
enter a claim against a public officer. He alleges that he could not engage
proceedings within the two-year mandatory period under the POPA 1957
because he could not afford the facilities of a lawyer, and therefore local
remedies are not available to him.
39. The Complainant avers that he complied with Article 56 (6) of the African
Charter, having submitted the Communication within a reasonable period of
time after being released from prison.
Submissions
of the Respondent State on Admissibility
40.The Respondent State submits that the Complainant has failed to comply with
the admissibility conditions under Articles 56 (2), 56 (3), and 56 (5) of the
African Charter.