Blog: Mauritius a Police State?

In the wake of the recent arrests and release on bail of several former ministers, high officials and politicians by ICAC and police, some prominent politicians have alleged that Mauritius has become a police state. Our country - A police state?

I have not heard such an absurd statement in a long time. Politicians very well know that it is not true, but also nobody will dare try to make Mauritius a police state. For a simple reason, it cannot be done and it cannot function.

In a police state, you are constantly watched, gagged and always has somebody looking over your shoulder in whatever you are doing. The term police state describes a state in which the government exercises rigid and repressive controls over the social, economic and political life of the population. A police state typically exhibits elements of totalitarianism and social control, and there is usually little or no distinction between the law and the exercise of political power by the executive.

The inhabitants of a police state experience restrictions on their mobility, and on their freedom to express or communicate political or other views, which are subject to police monitoring or enforcement. Political control may be exerted by means of a secret police force which operates outside the boundaries normally imposed by a constitutional state.

Does Mauritius fall under the description of the category of police state? It was under fascism and communism that the police force was used "too" strenuously in a "rigid and oppressive" way. Such a system also flourishes in dictatorship.

Ours is a democratic country. Our police force has evolved from colonial times into a modern organisation responsible for law and order and security of the country under the responsibility of a Police Commissioner, holding a constitutional post.

The force is multi-ethnic and multi-religious. Its recruitment is made by an independent organisation. It reflects the composition of the population at all levels. It is manned by qualified and trained officers. It is equipped with latest gadgets. Some sections received military training and constitute the mobile force, riot unit and the coastal guard. As in all states there is also an intelligence gathering unit.

I do not understand by what stretched of imagination, our police can be said to be turned into the service of a police state. Of course, there had been cases of abuse and brutality. They all have been exposed by the press and organisations like Amnesty International. Such cases have been brought to court and when found guilty, they have been dealt according to law.

Let me state a simple fact. Every family – extended – in Mauritius has at least a member in the police force. Can we imagine that he is secretly reporting on the activities of each member of the family? If it is so, can all the data be kept a secret?

In our democratic society, elections are organised every five years and governments have changed on several occasions. All parties have been in power at one time or another. Their leaders have occupied the portfolio of Prime Minister and Home Minister.

They all know intimately the functioning of the police force. Our police force has served all governments loyally throughout their terms in office. They all know that the political parties do not control the police force.

In our history, we have had periods of emergency, riots, and strikes. The police have always acted within the parameters of law on such occasions. Our constitution is based on the doctrine of separation of powers among the legislative, executive and the judiciary.

Everybody agrees that we have an independent judiciary. The Supreme Court, headed by the chief justice is the highest judicial authority, but the right of appeal to the Privy Council (UK) has been retained. The Supreme Court has special jurisdiction to protect the constitutional rights of citizens. The judges of the Supreme Court are appointed by the President, in the case of the Chief Justice on the advice of the Prime Minister, in the case of Senior Puisne Judge on the advice of the Chief Justice, and in the case of other judges on the advice of the Judicial and Legal Services Commission. Lower Court includes District Court, the Intermediary Court and the Industrial Court.

In general, amendments to the constitution require the votes of two third of the National Assembly. The votes of three quarter of the members are required to amend sections which cover fundamental rights, the judiciary, executive and legislature, electoral system, service commissions and the ombudsman. To amend sections dealing with the democratic state and the term of parliament, a referendum is required with three quarter of the electorate approving the measure and all votes of the members of the assembly.

With such safeguards, how can the country be a police state? A hue and cry was raised when police had arrested Dr. Joomye, a member of MMM and former minister Soodhun. Police had not objected to the release of Dr. Joomye on bail, but did so in the case of Soodhun. The press and politicians rushed to accuse police of discrimination.

It was found that the police did so on the basis of a circular asking police to object to the release of any accused if he is free on bail from a previous offence. Soodhun is free on bail on the ground of a previous offence, but the magistrate did not approve the objection of the police and released him as the cases were not related.

Of course, police show an excess of zeal in certain cases. I am happy that even the Prime Minister who also holds the portfolio of Home, is fully aware of the situation and does not approve of such excesses. He has declared that he never intervenes in police matters. And he has promised that government will bring necessary amendments to the Bail Act to protect the citizens from excess of zeal and abuse by police.

He revealed that he was personally not happy with the treatment police had inflicted on former vice Prime Minister and Minister of Finance, Rama Sithanen. He has promised the amendments to the Bail Act which regulate section dealing with money required for guarantees and sureties.

We tend to forget the praiseworthy and impartial role police play during general elections.

Is it not a matter of pride that all political parties praise the police for their impartiality during such times? I have personally witnessed a private conversation between a leader of opposition and a prime minister on how to deal with over-excited agents of political parties. Is it not also a matter of pride and satisfaction that our political leaders rise above, talk and deal with such situations in the interest of peace and the country?

At the present juncture, when all efforts are being made to bring in investment and promote export, is it not irresponsible and unpatriotic to allege that Mauritius is a police state? By the way, I was surprised to learn that George Churchill-Coleman, who headed Scotland Yard's anti-terrorist squad in the United Kingdom, expressed his opinion that Britain was moving in the direction of a police state, with biometric identity cards, mass
surveillance and detention without trial all having been introduced by the government.

However, the Identity Cards Act 2006 has now been repealed (by the Identity Documents Act 2010). The UK has been described as "the most surveilled country" in the world. Protests within a half-mile radius of the Houses of Parliament are illegal in the UK unless authorised by the Metropolitan Police. Leading politicians have been arrested under conditions of secrecy. Claims of police state behaviour have been dismissed by the UK government.

On June 27, 2002 U.S. Congressman Ron Paul said in the House of Representatives: "...'Is America a Police State?' My answer is: 'Maybe not yet, but it is fast approaching.'"

Still we should be forever vigilant and be prepared to oppose and fight anybody who at any time may entertain the idea of turning our country into a police state.