Jean-Marie Richard: "The Central Prison is a National Shame"

Jean-Marie Richard, a member of the Human Rights Commission (HRC), offers a frank assessment of the deficiencies within the Mauritian prison and police systems following the death of Andy Selmour in custody. He highlights the limited powers of the HRC, access to sensitive information, the follow-up on recommendations, and a deficient human rights culture, warning of systemic blockages and advocating for urgent, profound reforms.

In an interview, Richard was asked about the concrete powers the HRC can wield in the case of Andy Selmour to instigate immediate change in the prison system. He explained that their mandates are defined by the Mauritian Constitution and relevant treaties. Establishing facts is crucial, and the establishment of a Board of Inquiry is a step in the right direction. He pointed out that there have been multiple deaths under suspicious circumstances in prison, including those of Mohummad Khaleel Anarath, Gaël Permes, Michael Louise, David Utcheegadoo, Aayaaz Gungah, and John Mick Martingale.

Richard criticized the control mechanisms in place, stating they are insufficient and ineffective, leading him to believe there is a systemic blockage. He referenced the Taser Gate incident where suspects have been suspended for years without resolution.

He expressed that justice delayed is justice denied, lamenting the lack of empathy and humanity in the system, which seems to have no obligation to achieve results for victims and the condemned alike.

Richard argued for the establishment of a task force with broad powers to propel the Mauritian prison system into the 21st century, suggesting seasoned individuals like Jean Bruneau and Cadress Runghen should be involved.

When asked about the HRC's access to sensitive information during investigations into deaths in custody, he noted that the National Preventive Mechanism Division (NPMD) theoretically has the authority to access all elements, emphasizing the importance of transparency.

He raised concerns about the limitations of the commission's mandate, especially if recommendations go unheeded after tragedies. Richard emphasized that one death in prison is one too many, reflecting on the need for a more humane approach to dealing with affected families.

He stated that the central prison stands as a national disgrace, sharing his personal experience of having been incarcerated due to a magistrate's authority crisis. He believes individuals in positions of power should experience prison life for a week before their appointments.

Richard lamented the lack of training for magistrates and called for the establishment of a proper judiciary school in Mauritius. He addressed the lack of a human rights culture, questioning how citizens can recognize violations of their rights and pointing to a broader need for societal education on rights and responsibilities.

He acknowledged that while there have been efforts by civil society and NGOs over the past two decades, much work remains. Richard highlighted the need for a Right to Information Act to ensure transparency and accountability in public services.

He concluded by discussing the challenges citizens face when filing complaints with the HRC, detailing the frustrations of navigating the system, and expressing empathy for those in distress. Richard underscored the need for societal change to ensure human dignity is respected, calling attention to various daily violations of human rights that persist in Mauritius.