THE EXTRADITION ACT
(No. 7 of 2017)
The object of this Act is to make better provision for the extradition of persons from, and to, Mauritius.
2. The present Extradition Act, which dates back to 1970, has become outdated. It makes a distinction between Commonwealth and non-Commonwealth countries in matters of extradition. It can be inferred from that Act that an extradition treaty should necessarily exist between Mauritius and non-Commonwealth countries for the purpose of extradition.
3. With a view to enabling and facilitating extradition even in the absence of treaties, the Extradition Act is being repealed and replaced by a new legislation to do away with the distinction which exists between Commonwealth and non-Commonwealth countries, to simplify extradition procedures and to promote cooperation, without for that matter neglecting to make adequate allowance for the rights of persons whose extradition or arrest is sought.
4. The Bill will, inter alia –
(a) place all foreign States on the same footing regarding extradition of persons from Mauritius;
(b) make special provision for offences of a fiscal or military nature;
(c) make particular reference to counterterrorism conventions;
(d) bring out more clearly the dual criminality requirement for extradition;
(e) afford better protection against extradition from Mauritius to citizens of Mauritius;
(f) enable the Attorney-General to refuse to grant, in the public interest, a request for the extradition of a person from Mauritius; and
(g) generally provide better guidance to the relevant authorities that are required to deal with requests for extradition.
Status – Published in the Gazette on 8 July 2017. Will come into operation on a date to be fixed by Proclamation