The Central Authority

responsible for extradition

Attorney General's Office

2nd - 6th Floor,

Renganaden Seeneevassen Building

Port Louis

MAURITIUS

Tel : (230) 203-4740

Fax : (230) 212-6742

E-mail : [email protected]  

If different from the Central Authority, the authority to which the request should be sent

As Above

Channels of communication for the request for extradition:

(directly, through diplomatic channels or other)

1.     Through diplomatic channels

2.     Fax (Original Request to follow via diplomatic channels) or

3.     Email (Original Request to follow via diplomatic channels)

Means of communication

(eg. by post, fax, e-mail[1]):

1.     By couriers (e.g. DHL or Fedex)

2.     Fax; or

3.     Email - encryption or electronic signature is not required

Language requirements:

English

Documentation required:

a)     a statement describing the person sought, together with any other information that may assist in establishing that person’s identity, nationality and location;

b)    the text of the law creating the offence in that State and specifying the penalty for the offence or, where the offence is not created by statute, a description of the elements of the offence and its origin, and a statement of the penalty that may be imposed for the offence;

c)     a statement that the offence is not time-barred by the laws of that State; and

d)    where the person sought is charged with an offence –

(i) a statement of the offence for which extradition is requested;

(ii) a certified copy of a warrant issued by a competent judicial authority of that State; and

(iii) a summary of the admissible evidence sufficient to justify the committal of the person for trial if the offence had been committed in Mauritius; or

e)     where the person sought is convicted of an offence –

(i) a statement of the offence for which extradition is sought;

(ii) a certified copy of the judgment or other document setting out the conviction and the sentence imposed, the fact that the sentence is enforceable and the extent to which the sentence remains to be served;

(iii) a statement that he was summoned in person or otherwise informed of the date and place of the hearing which led to the decision, or specifying the legal means available to him to prepare his defence or have the case retried in his presence; and

(iv) a statement that there is an intention, where the sentence has not been imposed, to impose that sentence.

Provisional arrest:

Time limit for presentation of formal extradition request if the person is in provisional arrest

The requesting State will have to submit a request for extradition in accordance with the relevant extradition treaty or, in any case, within 3 months from the date of the request for arrest.

Is there a need for an explicit request for prolongation of the provisional arrest beyond the 18 days mentioned in Article 16, paragraph 4 of the European Convention on Extradition (ETS No.24)?

As Above

Extradition procedures:

Extradition Hearing route:

The Attorney-General applies for an order from a Magistrate that the person sought is eligible for extradition. The Magistrate shall order that the person sought is eligible for extradition where he is satisfied that –

a)     the requirements of the relevant extradition treaty are met;

b)    the offence is an extraditable offence;

c)     the person brought before the Magistrate is the person sought;

d)    in case extradition is requested for the purpose of prosecution in the requesting State, there is admissible evidence considered sufficient to justify the committal of the person sought for trial for the relevant offence if that offence had been committed in Mauritius; and

e)     any other requirement specified in this Act is met.

Consent route:

The person sought may, after having been informed of his rights and the legal consequences of a simplified extradition procedure, consent to be extradited to the requesting State without a hearing.

A consent –

a)     shall be recorded by the Magistrate; and

b)    may not be revoked.

A copy of the consent of the person sought shall be transmitted to the Attorney-General with a view to arranging for his extradition.

Detention before and after the receipt of the extradition request:

(deadlines, conditional release, etc)

Detention before extradition application

The Attorney-General may, pursuant to a request for the arrest of a person from a foreign State, apply to a Magistrate for an order for the arrest of the person where he is satisfied that the requirements of the relevant extradition treaty are met and there are reasonable grounds to believe that –

a)     the person sought is in, or is on his way or routinely travels to Mauritius;

b)    the request relates to an extraditable offence;

c)     the other requirements under this Act are met; and

d)    the State will submit a request for extradition in accordance with the relevant extradition treaty or, in any case, within 3 months from the date of the request.

Detention after extradition application

Where the Attorney-General has made an application for extradition he may, unless the person sought has already been arrested, apply to the Magistrate for an order for the arrest of that person.

Statutes of limitation for the purpose of prosecution and for the execution of sentences:

(general principles)

The requesting state will have to provide a statement that the offence is not time-barred by the laws of that State.

Provisions concerning extradition of nationals:

A request for the extradition of a person by a foreign State may not be favourably considered where that person is a citizen of Mauritius.

Surrender:

(eg. deadlines)

A person sought may consent to extradition.

Other relevant information:

(such as specific requirements concerning double criminality)

See Extradition Act 2017

Links to national legislation, national guides on procedure:

https://mauritiusassembly.govmu.org/Documents/Acts/2017/act0717.pdf