Following its accession to the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (O.P.C.A.T) on 21 June 2005, Mauritius became a State Party to the Convention Against Torture (C.A.T). 

As a result, the National Human Rights Commission (NHRC) undertook the role of the National Preventive Mechanism (NPM) in Mauritius. The NPMD came into being in 2014 by virtue of the National Preventive Mechanism Act 2012 (NPM Act) enacted on 03 August 2012. Since its creation, the NPMD operates as one of the two Divisions of the NHRC. 

Since 2005, Mauritius has acceeded to the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (O.P.C.A.T).

In 2012, the OPCAT was incorporated in our domestic law under the National Preventive Mechanism Act.

Under the provisions of the NPM Act, the NPMD is required to ensure that public bodies/authorities comply with the basic human rights of detainees as set out in the United Nations Standard Minimum Rules for the Treatment of Prisoners (The Nelson Mandela Rules), which were adopted by the UN General Assembly in 2015.

Functions of the NPMD

Under Section 4 of the NPM Act, the functions are:

     (a) “to visit places of detention on a regular basis so as to examine the treatment of persons deprived of their liberty with a view to ensuring their               protection against torture and inhuman or degrading treatment or punishment;

     (b) to investigate any complaint which may be made by a detainee and, where the detainee so requests, investigate the complaint privately;

     (c) to make to the Minister recommendations regarding the improvement of the treatment and conditions of persons deprived of their liberty in               places of detention, taking into consideration the relevant norms of the United Nations;

     (d) to submit to the Minister and other relevant authorities proposals and observations concerning                     legislation relating to places of detention and the treatment of persons deprived of their liberty; 

     (e) to work, where appropriate, in co-operation or consultation with any person or body, whether                      public or private, in connection with the discharge of any of its functions under this Act and the                    Optional Protocol”.  of the right to personal liberty

Definition of “place of detention”

Section 2 of the NPM Act defines “place of detention” as:

     (a) “any place where a person is or may be deprived of his liberty by virtue of an order given by a public authority or at its instigation or with its                 acquiescence;

     (b) includes a police cell, a prison, a Correctional Youth Centre, a Rehabilitation Youth Centre and a mental health care centre”.  

PLACES OF DETENTION 

Pursuant to its statutory mandate, the NPMD carries out visits to the hereunder listed places of detention in Mauritius and Rodrigues