28. The Complainant Human and submits Peoples' Complainant is admissibility of Rights now a that "in August (the required the 2015 Commission) to present Communication dated African seized arguments August 26th Commission this matter and evidence 2015 pursuant on and the on the to Rule 105(1) of the Rules of Procedure of the Commission". The Complainant submits that all domestic remedies have been exhausted. 29. The Complainant reiterates the submissions in relation to the Complaint as set out above, and also provided further informatio about the Complaint, which has subsequently been incorporated above. The Complainant further submitted questions for determination by the Commissi n related to whether there was an unfair trial and a substantial miscarriage ofjustice.2 30. Under the heading, "The Co plainant' s Submission" the Complainant submits that the Supreme Court and'tfie Judicial l:;:ommittee of the errors when it successively refu e further submits stage, as a that from result. of the the Complainant's appeal.,Jbe Complainant outse adverse rivy Council fell into and of th case, prejudicial Complainant's right-to a fair trial pursuan as early as publicity the investigative by the press, the to Secti.£Jl 10 of the Constitution of the Republic of. Mauritius could not have be n possible. Furthermore, due to all '\ the facts set o tin this Complaint which amount to breaches of human rights, the Cqmplainant submits Com that there has een a serious miscarriage of justice. The lainant further refers to the dack of.parity of treatment between the Victim and tfie co-accused regarding consideration of time spent on remand. 31. The Complainant requests the Commission to make a determination that there had been a miscarriage o justice and declare the co a nullity, as well as ':,\Ult ON l<LJ ..4\,i"'D The R:,::.::: :.:.:::::�::•A::�.::7li;,;�s ®') \ � � \ AU·UA � :.r t, 1' 2 The questions submitted for determination by the Commission are as fol 'wi;.;..,\'� · "Z_ � Ef wrong to direct the defence witness, resulting in an unfair trial; he Presiding Judge was DES\>\:. b) whetherthl!- residing Judge ought to warn defence witness only when incriminating questions were put to him and not otherwise; c) whether the Presiding Judge wrongly exercised his discretion in refusing to order the prosecution to tender a particular prosecution witness; d) whether the prosecution in not calling a particular witness deprived the Victim of a fair trial; e) whether the Presiding judge caused confusion in the minds of the jury, thereby rendering the verdict unsafe; and f) whether the sentence imposed and thereafter increased breaches treatment. 5 the Complainant's right to protection from inhuman

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