Communication 569/15: Digbeejaye
Koonjul 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 15 June 2015 from Mr Digbeejaye Koonjul
(the
Complainant).
The
Complaint
is
submitted
against
the
Republic
of
Mauritius, which is a State Party to the African Charter on Human and Peoples'
Rights (the African Charter). I
2.
The Complainant states that he has been convicted and sentenced to a jail term of
38 years, for the offence of murder under the Constitutional law of Mauritius. He
asserts that his conviction was in breach of Section 222 of the Mauritian Criminal
Code in relation to the penalty for murder.
3.
The Complainant submits that the Complaint is based on the fact that there had
been
a
serious
miscarriage
of justice
at
the
trial
and
appeal
hearing
of
the
Complainant, thereby breaching his fundamental human rights.
4.
The
Complainant
submits
that
he
was
initially
sentenced
to
30
years
imprisonment by the Court of Assises on 27 July 2007 for the offence of murder,
even
though
decision
to
substarttial
he
the
had
pleaded
Supreme
miscarriage
1
not
Court
of
guilty',
of
justice.
following
auritius
The
on
Director
which
he
basis
that
the
of
Public
appealed
there
Prosecution
the
was
a
cross
appealed. Apart from dismissing his appeal, and allowing the cross-appeal, the
Complainant avers that the Appellant Judges on 25 February 2010 also increased
his sentence to 38 years.
5.
The
Complainant
states
that
he
thereafter
on
14
March
2011
applied
to
the
Supreme Court for conditional leave to appear before the Judicial Committee of
the Privy Council. The Complainant avers that the application was refused by
the Supreme Court of Mauritius, and submits that "the mathematical reasoning
of the Supreme Court together with the interrogatory answer at the end of the
judgement
leaves
the
clear
impression
that
the
court
against its own judgement instead of examining the
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The Republic of Mauritius ratified the African Charter on 19 June 199�,
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on
appeal
'ch ought to be
.
ee'@),.
submitted for determination by the Judicial Commi
1
was