injuries to the head, the right hand cut off above the
wrist and a rope tied around the neck to keep the
body submerged in water.
beatings. Finally, the doctor estimated that
Mr. Seeram’s actual cause of death was drowning.
3.3 The author also contends that it would have
been typical for the victim to try to fend off the
beatings with hands and feet, but that Mr. Seeram’s
corpse did not show any injuries except the missing
right hand. She notes that Mr. Bharatraj Mulai, who
was identified by Mr. Baksh as having chopped
Mr. Seeram with the cutlass, is right-handed. The
author argues that Mr. Seeram’s left hand should be
missing if he used it to avert a hit with the cutlass by
Bharatraj Mulai. The author concedes that the
defence attorney did not argue these points on trial.
2.3 Evidence against Bharatraj and Lallman
Mulai was given by one Nazim Baksh, alleged
eyewitness to the incidents. The court also heard
Mr. Seeram’s son, who had found the body, and,
among other, the investigating officer of the police
and the doctor, who examined the victim’s body on
29 October 1992.
2.4 In a statement from the dock, Bharatraj and
Lallman Mulai claimed that they were innocent and
had not been present at the scene on the day in
question. They stated that they had been on good
terms with Mr. Seeram, while they had not been “on
speaking terms” with Mr. Baksh.
3.4 Finally, it is claimed that Mr. Baksh gave two
different statements to the police. In his first
statement on 8 September 1992, he stated that he did
not observe anything of the incident, while on
10 December 1992, he gave the statement reflected
above, paragraph 3.2. The statements of Mr. Baksh
and of Mr. Seeram’s son were not consistent either
with regard to the existence of trees at the scene.
Mr. Seeram’s son had stated that there had been
many trees close to the scene of the incident.
2.5 By letter of 19 May 2003, counsel advised that
Bharatraj and Lallman Mulai remain on death row.
The complaint
3.1 The author claims that her brothers are
innocent and that the trial against them was unfair.
According to her, unknown persons tried to bribe the
foreman of the jury. Two persons visited the foreman
on 23 February 1996 at his house and offered to pay
him an unspecified amount of money if he influenced
the jury in favour of Bharatraj and Lallman Mulai.
The foreman reported the matter to the prosecutor and
the judge, but it was never disclosed to the defence.
Unlike what had happened in other cases, the trial was
not aborted due to the incident.2 Furthermore,
Mr. Baksh claimed during his testimony to have been
approached by members of the Mulai family. The
author argues that, as a result, the foreman and the
jury were biased against her brothers.
Issues and proceedings before the Committee
4.
On 9 April 1998 and 30 December 1998,
14 December 2000, 13 August 2001, and on
11 March 2003 the State party was requested to
submit to the Committee information on the merits
of the communication. The Committee notes that
this information has still not been received. The
Committee regrets the State party’s failure to
provide any information with regard to admissibility
or the substance of the author’s claims. It recalls that
it is implicit in the Optional Protocol that States
parties make available to the Committee all
information at their disposal. In the absence of a
reply from the State party, due weight must be given
to the author’s allegations, to the extent that these
have been properly substantiated.3
3.2 The author claims that Mr. Baksh could not
be considered a credible witness. She states that
Mr. Baksh testified at the re-trial that he saw
Bharatraj and Lallman Mulai at the scene attacking
Mr. Seeram, while at the initial trial he had testified
that he could not see the scene, because it was too
dark. Furthermore, he testified that Bharatraj and
Lallman Mulai had chopped Mr. Seeram several
times with a cutlass, while the investigating officer
stated that the injuries to the body had been caused
by a blunt instrument. Finally, Mr. Baksh testified
that Bharatraj and Lallman Mulai had beaten
Mr. Seeram for several minutes, but the doctor could
not find any broken bones on the corpse, which
would have been a typical injury caused by such
Consideration of admissibility
5.1 Before considering any claim contained in a
communication, the Human Rights Committee must,
in accordance with article 87 of its rules of
procedure, decide whether or not it is admissible
under the Optional Protocol to the Covenant.
5.2 The Committee has ascertained that the same
matter is not being examined under another
procedure of international investigation or settlement
for the purposes of article 5, paragraph 2 (a), of the
Optional Protocol.
2
The file includes a copy of the Appeal Court’s
judgment where the incident is addressed as having been
raised upon appeal as a matter of unfair trial. The Court of
Appeal dismissed the appeal on the grounds that the
integrity of the jury foreman had not been tainted.
3
See, for example, J.G.A. Diergaardt et al. v. Namibia,
Case No. 760/1997, Views adopted on 25 July 2000,
paragraph 10.2.
73
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