“Beyond the spectre of a communal divide, the real danger to the stability of Mauritian society comes from a loss of credibility in the police force among a wide section of the population at a time of rapidly worsening economic and social conditions.”

A nation still reeling under the shock of the violence and tortured served to us this week through videos; more and more violence is coming to the light. And a prime minister who declares not being aware of something that the police have known for a number of years. We talk to historian Jocelyn Low about the implications of all this on our fragile society.

Disturbing videos appearing on social media showing police officers inflicting the worst tortures on suspects. What is happening to our society?
These videos are obviously shocking by the graphic depiction of the kind of extreme torture inflicted by police officers on suspects in total disregard for the law and for any spirit of humanity. However, with hindsight, it was just a matter of time before evidence of such illegal practices would have leaked onto the public sphere. To use police jargon, there is no perfect crime. 

Is the level of violence we have seen a new phenomenon in Mauritius?
No. The Mauritius Police Force originated in the detachments of maroon hunters that used extreme forms of torture while interrogating captured runaways. This culture of violence against suspects and detainees did persist after the abolition of slavery and many indentured labourers, taxed as vagrants, felt the brunt of it. But the colonial authorities did try to root out such cruel practices from the police, at times even setting up Commissions of Enquiry on the police to that effect. Unfortunately, it appears now that these practices are back again, paradoxically at a time when elsewhere science and technology are being used efficiently in criminal investigations.

How about the scale of violence?
For so many years, allegations of abuse and brutality have been levelled against a section of the police by victims, lawyers and NGOS. Lalit has even compiled, from official statistics, a list of more than 70 deaths in police cells since 1979.

Of different causes, presumably?
Of course, the causes of deaths are varied but this in itself should have sounded the alarm. And it is not the first time that videos highlighting cases of police brutality, albeit with less graphic details, have circulated on social media.

Why have they been ignored?
That is the question that we need to ask ourselves. Why, as a society, which paradoxically condemns cruelty to animals, we ignored these signals? Was it because most of the victims came from marginalised groups? Or was it because many still harbour this curious notion that the duty of the police goes beyond crime investigation and encompasses the delivery of justice and corporeal punishment, even torture? Is it not this indifference that has allowed these barbarous  techniques of interrogation by  some rogue police officers, coupled with a culture of impunity, to  develop  into a systemic problem, it seems,  within the force, given the number of victims that are coming forward and the number of videos that are now finding their way on social media?

How come that crucial information relating to the systematic violation of the constitutional rights of Mauritian citizens has not been relayed to the prime minister? This in itself would justify a Commission of Inquiry.

Whose responsibility is it?
Those police officers, the direct perpetrators of such gross violation of the basic constitutional rights of the suspects are of course the first ones responsible but their hierarchy, which definitely should have known about such practices, also bears a heavy responsibility. The more so as it has now been confirmed that these videos were delivered on a USB pen to the then commissioner of police or to a high officer since 2020. Moreover, a letter detailing such abuses had been sent at about the same time to the authorities but to no avail. But responsibility lies also on all the institutional watchdogs whose mission is to ensure that the basic provision in our constitution relating to the protection of the citizen against violence, i.e. section 7 ‘No person shall be subjected to torture or to inhuman or degrading punishment or other such treatment’ is respected. It is shocking that in many cases the victims and their lawyers did raise the issue in court. What was the ruling of the magistrate then and was there a follow-up? Many other cases were raised before the Independent Police Complaints Commission (IPCC). Were there inquiries and concretely what came out of them? And more fundamentally, why did such malpractices continue despite the setting up of this body? Is it a clear proof that the IPCC is a bouledogue sans dents and deemed as such by some police officers themselves?

What about us as a society? Didn’t we turn a blind eye to increasing evidence of malpractices in the treatment of suspects?
We also bear a big responsibility and it is obvious that a Commission of Inquiry is badly needed to investigate the extent of the use of torture within the force, to look at the dysfunctions that have led to the present state of affairs and to propose solutions, through institutional reforms and better training, that would ensure that professional standards be respected within the police force.

The prime minister has condemned the acts of torture and said he was not aware that this was happening under his watch…
If that is the case, there is indeed a serious problem in Mauritius. As prime minister, Pravind Jugnauth is also the minister of internal affairs, in charge of the Disciplined Forces. As such, he should be briefed through his intelligence services on whatever is happening in the country. Does it mean that even the intelligence service was not aware of what was happening in some police stations? For it is clear now that the use of torture and other physical exactions on suspects was not limited to one rogue team but had spread wide within some units of the police force. How come that crucial information relating to the systematic violation of the constitutional rights of Mauritian citizens has not been relayed to the prime minister? This in itself would justify a Commission of Inquiry.

What has been the outcome of the commissions of inquiry set up by the Jugnauth governments since 2014? Either the report is gathering dust in a drawer or the enquiry is still ongoing…
Indeed. And definitely   there is a case to be made that taxpayers’ money has been wasted just for the show. One of the commissions of enquiry relating to an important constitutional issue is still dragging on for years. Still, a Commission of Inquiry headed by a former judge from the Commonwealth with public hearings at least will give us a picture of the extent of the use of torture and other such malpractices on suspects by the police. It could also act as a Truth and Justice Commission for the victims by gathering relevant information on such cases. And its recommendations could be useful for necessary institutional reforms.

How many of the recommendations of the former Judge Lam Shang Leen report on drugs were implemented?
Of course, it would be up to the government in power at the time to implement the recommendations.  And by the time the report would be out, we would be nearing general elections.

Many people believe that after the initial show, the police officers implicated will get away scot-free as the police will be enquiring on the police. Do you share that pessimism?
I personally think that it would be very hard to set up a cover up in the cases that have received such wide publicity.  Not only has a flood gate been opened and more and more victims are coming forward but the matter has been internationalised. The Mauritian authorities will have to defend their case at the United Nations. Besides, these cases have found echoes in the foreign press. Something will have to be done to repair the damage done to the reputation of the country as we rely so much on tourist arrivals and we don’t want to scare off foreign investors.

Will this scandal not make way for the next one as has been happening?
I guess the press, civic society, opposition parties, the Bar Council etc. will keep the pressure on, both nationally and internationally. Besides, in an island born out of the violence of slavery and indenture, violence and torture at the hands of the authorities is a very emotional issue and will definitely figure very high among the issues that will be raised at the next electoral campaign.

The Mauritius Police Force originated in the detachments of maroon hunters that used extreme forms of torture while interrogating captured runaways. This culture of violence against suspects and detainees did persist after the abolition of slavery and many indentured labourers, taxed as vagrants, felt the brunt of it.

To what extent will a prosecution against the perpetrators of violence change anything?
It is doubtful whether the condemnation of a few rogue officers by the court will eradicate definitely the malpractices within the police force. This could only be achieved by a complete review of the recruitment, training and promotion criteria within the institution as well as a complete overhaul of the system of checks and balances to prevent abuses. Besides, there is an urgent need to insulate the force from political interference given that this is a major factor behind the culture of impunity which leads some officers to commit all kinds of abuses. At the same time, civic society is the ultimate watchdog for the respect of human rights. And here, definitely there is a need to further develop the culture of respect for the basic human rights across society.

How do you explain the silence of the Human Rights Commission on this serious matter?
The silence is intriguing, to say the least, and does not reflect well on the institution. As a result, there are now debates on social media on whether the commission is just a sinecure for the gallery, especially for the eyes of international observers, or a really functional institution that justifies the expenditure of   taxpayers’ money.

Some observers have been questioning the timing of the release of the videos and have put forward the hypothesis that this may have been a calculated act. Do you have the same reading of the situation?
Definitely not.  It smacks too much of those conspiracy theories that find their way to social media each time there is a crisis. There is not a scrap of evidence to support such a view. The recent interview of the ex-wife of one of police officers incriminated has shed light on many issues, namely on the origins of the videos and on when and how they were delivered to the police. In fact, these videos have been in the possession of the authorities since 2020. Yet, nothing happened...

Well why now?
Surely, it was high time the public became aware of their existence. Of course, Bruneau Laurette and his friends are members of a newly formed political party. This might have been done out of political calculations in order to create a momentum behind the party and present themselves as the real opposition. This is fair political game without any sinister motive. It is true that some of the potential losers might counter attack by raising the communal divide, the more so as with the new allegations about the so-called murderers of Kistnen, we are entering dangerous territory. But if we stick to the cases of police abuses and torture, it should be obvious that this goes beyond ethnicity as the alleged victims come from all ethnic groups, from both rural and urban areas, just like the police officers arrested or transferred.

Do you have any fears for the country?
Beyond the spectre of a communal divide, the real danger to the stability of Mauritian society comes from a loss of credibility in the police force among a wide section of the population at a time of rapidly worsening economic and social conditions, with rising prices of commodities mainly due to external factors on which we have little control, leading to social unrest. When we combine all this with a government that refuses any dialogue with stakeholders from civic society, we end up with a highly explosive mix.

What is the situation of the opposition? Do you think there is a chance they might get together?
The opposition is not in a very good shape. The last opinion poll survey has revealed starkly that the opposition parties have not been able up to now to capitalise on the rising prices of commodities, the allegations of scandals etc. that should have undermined the popularity of the government. It’s obvious from the opinion poll that the majority of the electorate is not satisfied with the existing parties. Is this due to the hopeless division among the opposition parties or to their failure to reinvent themselves, or to the persistence of the old political leadership?

Do you see the traditional parties forming an alliance in time for the next elections?
Whether they will form an alliance before the next general elections is anyone's guess. The other important question is whether this will constitute a credible alternative to the present government in the eyes of the bulk of the electorate. Besides, if the protest vote grows in momentum as the crisis deepens, it is far from sure whether this will benefit the parliamentary opposition parties rather than the LPM or other extra parliamentary parties.

What’s your crystal bowl telling you in general?
The Mauritian political scene is known for its great volatility. Hence it’s very difficult to predict the ins and outs two years before the general elections. Many times political alliances have been forged a few weeks before the general elections. However, a new factor to be taken into account is the newly formed LPM which, by its social activism and better use of social media, has recently stolen the show from the traditional opposition parties. In the case of both the recent riots and police brutality, the traditional parties have been forced to jump on the bandwagon.  And it’s very difficult to see how such parties, more accustomed to formal speeches at press conferences in hotels, will now be able to shift to social activism on the field to reap the accumulating protest vote. Whether their declining strength will lead eventually to realignment on the political scene, it’s difficult to say. As for the government, with the war in Ukraine, and with it the inevitable rise in the prices of commodities and fuel energy, or worse still a global recession, the few years before the general election will be far from plain sailing. How all this will translate politically is hard to say.