Decision of the African Commission on Human and Peoples' Rights on Admissibility Communication 589/15 - Johannes Jurie Botha 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 12 November 2015 from Mr Johannes Jurie Botha (the Complainant), against the Republic of Mauritius (the Respondent State), State Party to the African Charter on Human and Peoples' Rights (the African Charter);' 2. The Complainant submits that he is 42 years old and is a citizen of the Republic of South Africa. He states that his Complaint is against the Mauritius Police Force, more specifically the Anti-Drug and Smuggling Unit (ADSU); the Police Commissioner; the Public Prosecutors Office of Mauritius; and the Government of Mauritius in general for violating his rights. 3. The Complainant alleges that he was apprehended by ADSU on 5 March 2009 at a hotel reception because he was suspected of taking delivery of heroin from a South African woman who smuggled 471.7 grams of the substance by swallowing 41 sachets. 4. The Complainant states that he was not informed of his rights by the arresting officer, and that his hotel room was searched without a warrant and he was also arrested without a warrant. He adds that no drugs were found during the search, but the officer confiscated 2,000 US Dollars and 12,925 Mauritian Rupees. He states that he was then accused of money laundering. 5. The Complainant alleges that he was deceived into signing an incriminating document. He states that he did not read the entry he signed, nor was it read to him. 6. The Complainant avers that 20 days following his arrest, on 25 March 2009, he was for the first time informed of the drug charges against him, in addition to the money laundering charges. 7. The Complainant submits that he had access to a Lawyer only during his first court session in the High Court of Mauritius, 4 years after his arrest. The Complainant states that the Lawyer refused to assist him further because he could not afford to pay him for his services. He adds that he had requested for Legal Aid on 3 different occasions, but to no avail. He avers that his first court appearance was in March 2013, and that his trial started on 7 May 2013, over 4 years after his arrest. . 1 The Republic of Mauritius ratified the African Charter on 19 June 1