Section 15: Protection of freedom of movement

15. Protection of freedom of movement (1) No person shall be deprived of his freedom of movement, and for the purpose of this section, that freedom means the right to move freely throughout Mauritius, the right to reside in any part of Mauritius, the right to enter Mauritius, the right to leave Mauritius and immunity from expulsion from Mauritius. (2) Any restriction on a person’s freedom of movement that is involved in his lawful detention shall not be held to be inconsistent with or in contravention of this section. (3) Nothing contained in or done under the authority of any law shall be held to be inconsistent with or in contravention of this section to the extent that the law in question makes provision— (a) for the imposition of restrictions on the movement or residence within Mauritius of any person in the interests of defence, public safety, public order, public morality or public health, otherwise than pursuant to paragraph (ca); (b) for the imposition of restrictions on the right of any person to leave Mauritius in the interests of defence, public safety, public order, public morality or public health, otherwise than pursuant to paragraph (ca) or of securing compliance with any international obligation of the Government, particulars of which have been laid before the Assembly; (ca) for the imposition of restrictions on the movement within Mauritius or on the right of any person to leave Mauritius pursuant to an order of a Court or a Judge of the Supreme Court under such law, being a law relating to offences or acts of terrorism; (c) for the imposition of restrictions, by order of a Court, on the movement or residence within Mauritius of any person either in consequence of his having been found guilty of a criminal offence under the law of Mauritius or for the purpose of ensuring that he appears before a Court at a later date for trial in respect of such a criminal offence or for proceedings preliminary to trial or for proceedings relating to his extradition or other lawful removal from Mauritius; (d) for the imposition of restrictions on the movement or residence within Mauritius of any person who is not a citizen of Mauritius or the exclusion or expulsion from Mauritius of any such person; (e) for the imposition of restrictions on the acquisition or use by any person of land or other property in Mauritius; [Issue 9] CON – 16 Revised Laws of Mauritius (f) for the removal of a person from Mauritius to be tried outside Mauritius for a criminal offence or to undergo imprisonment outside Mauritius in execution of the sentence of a Court in respect of a criminal offence of which he has been convicted; or (g) for the imposition of restrictions on the right of any person to leave Mauritius in order to secure the fulfilment of any obligations imposed upon that person by law, except so far as that provision or, as the case may be, the thing done under its authority is shown not to be reasonably justifiable in a democratic society. (4) Where any person whose freedom of movement has been restricted in pursuance of subsection (3) (a) or (b) so requests— (a) he shall, as soon as is reasonably practicable and in any case not more than 7 days after the making of the request, be furnished with a statement in writing in a language that he understands, specifying the grounds for the imposition of the restriction; (b) not more than 14 days after the making of the request, and thereafter during the continuance of the restriction at intervals of no erson whose freedom of movement has been restricted in pursuance of subsection (3) (a) or (b) so requests— (a) he shall, as soon as is reasonably practicable and in any case not more than 7 days after the making of the request, be furnished with a statement in writing in a language that he understands, specifying the grounds for the imposition of the restriction; (b) not more than 14 days after the making of the request, and thereafter during the continuance of the restriction at intervals of not more than 6 months, his case shall be reviewed by an independent and impartial tribunal consisting of a Chairperson and 2 other members appointed by the Judicial and Legal Service Commission, the Chairperson being appointed from among persons who are entitled to practise as a barrister or as an attorney in Mauritius; (c) he or a legal representative of his own choice shall be permitted to make representations to the tribunal appointed for the review of his case; (d) on any review by a tribunal in pursuance of this subsection in any case, the tribunal may make recommendations concerning the necessity or expediency of continuing the restriction in question to the authority by which it was ordered and that authority shall act in accordance with any recommendation for the removal or relaxation of the restriction: Provided that a person whose freedom of movement has been restricted by virtue of a restriction that is applicable to persons generally or to general classes of persons shall not make a request under this subsection unless he has first obtained the consent of the Supreme Court. [S. 15 amended by s. 2 of Act 28 of 2016 w.e.f. 17 December 2016.]