Human Rights our
Collective Responsibility
international mechanism for redress in accordance with "the principles of the
Charter of the United Nations, or the [Constitutive Act of the African Union] or the
provisions of the . . . Charter"18. In this regard, the Commission does not reckon
any issue relating to Article 56(7) of the Charter, and the Communication is
compliant with the condition under that provision.
93. In view of the foregoing, the Commission declares the Communication admissible .
Merits
Complainant's Submissions
94. The Complainant declares himself to be aggrieved and dissatisfied with the
decision of the Supreme Court of Mauritius preventing him from litigating in
person, which decision was subsequently upheld by the Judicial Committee of the
Privy Council (JCPC). The Complainant avers that by Interlocutory Judgment of 1
July 2011 (1 July 2011 Ruling), the Supreme Court decreed and declared among
other things that all legal proceedings in the Supreme Court of Mauritius shall be
commenced by an Attorney-at-law to the exclusion of a litigant in person. The
Complainant avers that, in its Interlocutory Judgment, the Supreme Court
dismissed his application because it was "drawn up in person by the appellant in
person without having recourse to an attorney".
95. The Complainant further considers that the Supreme Court's decision of 30
January 2008 to strike his name off the Roll of Law Practitioners on the basis of his
conviction was outrageous. He claims that following receipt of fresh exonerating
evidence, he sought to move the Supreme Court to order the re-opening of the
criminal trial in which he was convicted and the disciplinary proceedings which
led to his disbarment, but he was unsuccessful in both endeavours.
96. The Complainant avers that two motions were introduced to the Supreme Court
respectively on 21 February 2011 and on 5 June 2011. Through those two motions
the complainant sought to introduce allegedly exculpatory evidence and evidence
of underlying covert circumstances that he alleges unjustly led to his conviction,
and subsequent disbarment, which evidence was allegedly u v"' , ., � the
Complainant at the time of his trial and disciplinary proceedin /•':, c •" •:• .,\
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The Charter, Art. 56(7)
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Page 22 of 45
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