Constitutional Rights: Eventful Nomination Day for Candidate Behind Bars

On Tuesday, October 22, an extraordinary event unfolded during Nomination Day in Constituency No. 2 (Port-Louis South and Port-Louis Central), as Riaz Nassurally, a candidate currently incarcerated at Petit-Verger prison, attempted to submit his nomination as an independent candidate. Despite being handcuffed and accompanied by officers from the Criminal Investigation Division of Bel-Air, he made his way to file his application.

Nassurally is presently in detention under a provisional charge of violating the ICT Act, following remarks deemed defamatory and harmful towards former Minister Vikram Hurdoyal.

However, the process was not straightforward for Nassurally, as he was required to wait in a police vehicle for over two hours due to his lack of a sponsor.

This situation raised important questions regarding the rights of candidates who find themselves in detention.

A resident of Malakoff Street in Vallée-Pitot, Riaz Nassurally is known for his social media presence, primarily centered around promoting tourism through catamaran outings he organizes for clients.

In a statement to the press on Tuesday, October 22, he appealed to the public, saying, “I urge the population to vote for the emancipation and development of our country.

However, I will be unable to conduct an electoral campaign as I will remain in my cell for my own safety.”

Legal expert Mᵉ Taij Dabycharun provided insight into Nassurally’s situation, referencing Article 34(f) of the Constitution, stipulating the disqualification of a candidate under certain circumstances, such as being sentenced to death or serving a prison term of over 12 months.

“In this case, he is facing a provisional charge and has not yet been tried in court. Therefore, he is well within his rights to submit his nomination,” Dabycharun affirmed.

When asked about the possibility of conducting an electoral campaign from prison via social media, Dabycharun clarified, “Like any other detainee, he would not be granted permission to use a mobile phone or the Internet for campaigning. Allowing this would undermine the very purpose of detention.”

Source: l’Express