Sweeping Legal Reforms: Provisional Charge Ends, Press Freedom Boosted

The Mauritian government is poised to abolish the controversial ‘charge provisoire’ (provisional charge) and significantly enhance press freedom under a sweeping reform of the police and criminal justice system. A copy of the proposed 164-page Police and Criminal Justice Bill, obtained by Défi Média Group, details a profound overhaul intended to unify legal procedures and reinforce constitutional human rights guarantees.

Key Reforms and Human Rights Focus

The most notable elements of the bill focus on modernising justice and rebuilding public confidence in institutions.

Abolition of ‘Provisional Charge’

The draft legislation explicitly aims to end the practice of the ‘charge provisoire,’ which has drawn widespread criticism for enabling prolonged detention without formal accusation.

Under the new provisions, all arrests must be based on an investigation and tangible evidence.

• The bill also introduces a maximum duration for pre-trial detention.
• Courts will be granted the power to exclude any evidence obtained improperly or unjustly.

Stronger Protection for Journalists

A major advancement in the bill is the protection of journalistic materials. Material “acquired or created for journalistic purposes” will now be classified as ‘excluded material.’

• Crucially, no seizure of such material may be carried out without the express authorisation of a magistrate.
• The stated objective is clear: to protect the confidentiality of sources and guarantee freedom of information.

Enhanced Safeguards for Vulnerable Persons and Victims

The legislative package also introduces reinforced safeguards for those considered vulnerable, as well as for victims and witnesses.

• Vulnerable persons—including minors and persons with disabilities—will benefit from stronger guarantees during police interrogations.
• The text provides improved support for victims and witnesses, including psychological assistance, the possibility of remote testimony, and increased protection against pressure.

A Modern Legal Framework

Overall, the Police and Criminal Justice Bill seeks to modernise Mauritian justice and adapt the legal framework to the requirements of a modern rule of law. It aims to unify police and judicial procedures under a single legal framework while strengthening human rights protections.

Source: Defi Media