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Honourable Attomey-General Tar 7036 aos
Ravi Yerrigadoo, ‘all se@ap-asoctonog
Seenevassen Building,
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Pore Louis
Mauritius The Hague, 4 August 2015.
Your Excellency,
1am writing this letter in my capacity as the President of the International Association
of Prosecutors (IAP),
‘The Office of the Director of Public Prosecutions of Mauritius has been a significant
member of the IAP for some years and the Director of Public Prosecutions of
Mauritius, Satyajit Boolell SC has been an active member of the IAP Executive
Committee since 2011 and is held in high regard by his international colleagues .
The LAP has received a number of reports, including from Mr Boolell himself, about
an investigation being conducted against him by ICAC and of an attempted arrest of
‘Mr Boolell pursuant to a warrant which was subsequently set aside as being unlawful.
I do not propose to comment upon the merits or otherwise of the investigation, but
there are assertions that the actions against Mr Boolell are politically motivated and
designed to remove him from office.
Tunderstand that the Constitution of the Republic of Mauritius sets out the bases upon.
which the Director of Public Prosecutions can be removed from office and also
Provides a clear procedure for doing so which involves the appointment of a
‘Tribunal
‘The Intemational Association of Prosecutors (IAP) is the only worldwide association
of prosecutors and was established in June 1995 at the United Nations offices in
Vienna.
One of the most important objects of the IAP is to:
“..promote and enhance those standards and principles which are generally
recognised internationally as necessary for the proper and independent prosecution
of offences,”
‘ce of be Secretary General
artogstvaat 13, 2514 EP The Hague, The Nethertande
Tals a1 70 363 03 45 axe + 31 76 369.09 67 Webs: wwndep-associstion ontIn 1999 the IAP Standards of Professional Responsibility and Statement of the
Essential Duties and Responsibilities of Prosecutors (The IAP Standards) were
published by the IAP and were subsequently adopted by Resolution of the 17" session
of the U.N. Commission on Crime Prevention and Criminal Justice (CCPCJ) (Vienna,
14-18 April 2008). The Republic of Mauritius has recently become a member of the
CCPCI. The IAP Standards deal with the professional conduct, independence and
impartiality of Prosecutors as well as their duty to cooperate with colleagues around
the world and their rights to fair and proper terms of employment. These Standards
are an essential statement of the IAP*s intention to set prosecutorial standards
worldwide and to demonstrate support for the rule of law, and respect for human
rights.
Of particular relevance to the circumstances relating to Mr. Boolell are the provisions
that deal with the proper conduct of criminal proceedings, including measures which
ensure that criminal proceedings will only proceed when a case is well founded upon
evidence reasonably believed to be reliable and admissible.
Only recently, in November 2014, these standards were illustrated and exemplified by
reference to various ctiminal justice systems globally in a joint Guide published by
the IAP and UNODC (the United Nations Office of Drugs and Crime) on the “Status
and Role of Prosecutors”. The Office of the Director of Public Prosecutions
contributed significantly to the formulation of this guidance.
1 would respectfully request that the treatment given to Satyajit Boolell SC accords
with those standards of fairness and justice to be expected of a democracy, which
should be seen to apply the rule of law justly and impartially and without improper
interference.
We within the IAP, shall continue to take an active and close interest in the situation
concerning Mr. Boolell and the progress of any further proceedings against him and
we respectfully ask that you take due regard of my observations. Also please be
advised that the IAP will be issuing a public statement reflecting the contents of this
letter.
Gerhard Jarosch
glint om