Pete Weatherby, QC, on slow justice: “Mauritius can easily improve the problem of delay”

Pete Weatherby, QC, was in Mauritius last week. This expert in human rights was here for a case he is working on alongside barrister Erickson Mooneeapillay. In an exclusive interview with News On Sunday, he analyses issues relating to human rights in Mauritius, the dangers posed by the use of preliminary charges and how our legal system can be improved to foster respect of a person’s fundamental rights.

How can you define the human rights concept for a layman?

Human rights is about recognising human dignity which is inherent to each individual. In order to protect human dignity, there is a need for a minimum safeguard and that’s what we find in various human rights documents and laws. There is a slight difference across different cultures. However, there are certain absolutes and minimum standards that are found in almost all societies such as protection of life, liberty, and privacy, right to education, and prohibition of slavery.

What do human rights imply for the citizen?

It implies minimum protection and a number of duties imposed on States to protect the citizen from abuse by the State itself and other citizens. There are serious risks for the vulnerable in society like women, mentally challenged people, prisoners.

What is your assessment of human rights in Mauritius?

I can say that Mauritius shares a similar legal system as UK. The UK’s fundamental rights are quite similar to Mauritius. I have talked to various people, judges, police officers, human right defenders and prosecutors. I have noticed that your legal system is very well developed. There is respect for human rights. Nevertheless, I have heard a number of serious criticisms in regard to the process of criminal justice, experience of detainees, and long delays in trials which are a big problem not only for accused but also for the victims. Justice delayed is justice denied. Other particular issues raised include police conduct and the number of suspects who are alleged to have made confessions and later denied the same in Court. Some suggest that some police officers are just making it up.

What are your suggestions for improving the respect for human rights?

As I said, there are great delays in the criminal justice system. If you delay justice, the accused may stay in jail for years before they know their fate. Mauritius can easily improve the problem of delay by reviewing the processes and putting more resources like more judges, and IT provisions to speed up the process. Perhaps, the biggest issue is what happens to suspect when they are detained. In UK, about 30 years ago, very important laws were passed which imposed strict procedures in the handling of searches and interviews of the accused of crimes including the tape recording of interviews. Almost overnight, there was a huge improvement in the treatment of detainees. Allegations and mistreatment fell dramatically. Allegations on police officers and made up confessions also fell considerably. In a simple case process, it should take months rather than years. For a corruption or complicated cases, it can take longer. Another issue raised in Mauritius is the process of preliminary charges. In the UK, we do not have this process. The police are required to have a reasonable case before they can charge a suspect. This means only those against whom there are proper evidence go to Court. This reduces delays and the number of people who are detained on remand.

Is the use of preliminary (provisional) charges a violation of a person’s constitutional rights?

It certainly can be. If an individual is subjected to a preliminary charge because there is insufficient evidence to proceed to trial, then the detention maybe arbitrary. It is a breach to the right to liberty. Many innocent people will spend time in custody and might lose their jobs as well.

Regarding police investigation, is it acceptable for the police to investigate on infringement of fundamental rights by police officers?

It is almost impossible for any organisation to fairly and properly investigate itself. In some countries, an independent agency has been instituted to investigate the police. The police do a vital job but on the other hand, they hold great power. In order to stop abuse of power, it is vital that they are carefully supervised. The confidence of the citizen is required for effective policing. The confidence of the citizen will only begin if the police are not above the law.

Human Rights have been in decline across the world. To what can you attribute this situation?

The richer countries must take a lead on human rights. Unfortunately, many countries pay lip service to human rights. The powerful nations should make sure that they abide by the human rights standards. For instance, the US has been detaining people for decades in Guantanamo without charges. It is on record that torture is used there. Other countries like Saudi Arabia and Bahrain have signed international human rights documents but have atrocious human rights records. Similarly, human rights standards are low in Russia and China. So, much respect is needed to be given to UN human right bodies which can highlight individual human right abuses.

What can be done to reverse this trend?

First of all, powerful nation must abide by the standards they say they promote. They need to use their influence on small partner countries to encourage them to abide by human rights standards. Give more respect to UN bodies and need to abide by the International Courts such as the ICC. Big nations should stop their involvement in wars in the Middle East which inevitably results in human disaster.

What is the purpose of your visit in Mauritius?

My visit in Mauritius is a success. I have an interest in human rights. In the UK, I have used Mauritian cases and other jurisdiction in various litigations. I will come back in September for a case related to a human rights issue.