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Dr. Rajah Madhewoo (above picture, in the centre) entered a case adjoin the new ID cards project. A activity the MSM additionally didn’t support. But which, later, helped the government in its appetite to advance the Safe City project, acknowledgment to biometric advice stored on the ID cards.

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The Kistnen case has aback apparent the botheration of the Safe City activity and government ascendancy over its data. But the Safe City affair provokes added questions and the Kistnen case ability aloof prove to be the tip of the abstract about the issues with this activity and its appulse on civilian liberties.

First accomplish into a surveillance state

The aboriginal acting accomplish into what would eventually become the Safe City activity were absolutely undertaken by the Labour-led government in 2012 aback it handed a Rs 1.1 billion arrangement to the Singapore Cooperation Enterprise (SCE) to advance a new biometric ID agenda arrangement for Mauritius. The arrangement was a government-to-government carefully kept beneath wraps and done afterwards activity through any abandonment exercise.

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In 2013, the Labour-led government again anesthetized the National Character Agenda (Miscellaneous) Accoutrement Act authoritative it binding of accept the new biometric ID cards, which would accept biometric fingerprints and photographs, as able-bodied as amendments to the Civilian Status Act acceptance the government to artlessly banal added abstracts on the ID cards afterwards accepting to appear up with a law in assembly beforehand. “This new biometric ID agenda was Navin Ramgoolam’s baby”, Ram Seegobin of Lalit, which adjoin the ID agenda activity at the time, tells l’express.

Right from the outset, the new ID cards were a adamantine sell: the government at the time argued that the old-style ID cards dating aback to 1986 were accessible to forge, but the new biometric ID cards would accomplish it added difficult to do that. Two of the examples they acclimated were alimony fraud, “this was a antic altercation back there are alone six or so cases anniversary year not abundant to absolve billions on a new ID card”, says Dr. Rajah Madhewoo, who entered a case adjoin the new ID activity and the additional was to anticipate balloter fraud.

The abundant irony was that the 2005, 2010 and 2014 elections were conducted afterwards the new biometric ID card, while the aboriginal one application them, in 2019, was burst by allegations of balloter artifice from the aforementioned parties that alien the biometric ID agenda that was declared to accomplish it harder to do it. Public action to the new ID cards best up beef afterwards a adamantine deejay actuality acclimated to abundance biometric advice was appear to accept gone missing from a government architecture and a computer able Ish Sookun apparent aegis problems about how the abstracts was actuality kept. By the end of 2013, the MSM led by Pravind Jugnauth, again in the opposition, swung adjoin the biometric ID agenda project.

Legal appearance on biometrics

The action to the biometric ID cards concluded up in two cases at the Supreme Court, one by Madhewoo and addition by Pravind Jugnauth himself, analytic the amends of the government accession fingerprints for the ID agenda and again autumn them on a axial government database. In what has been hailed in a battleground acumen delivered on 29 May 2015, Eddy Balancy, who heard the case at the Supreme Court, disqualified in favour of Madhewoo.

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What Balancy absitively was that “the accoutrement in the National Character Agenda Act and the Abstracts Protection Act for the accumulator and assimilation of fingerprints and added claimed biometric abstracts calm for the purpose of the biometric character agenda of a aborigine of Mauritius are unconstitutional”. Artlessly out, although it was accept for the government to aggregate fingerprints to aftermath the new ID cards, it was actionable for the government to advance a database captivation all that biometric fingerprint data.

The aforementioned cessation was accomplished in Jugnauth’s own case at the Supreme Court that was delivered by Balancy on the aforementioned day. The Supreme Court’s abstracts were seconded by the Privy Council in October 2016. “The acumen I brought the case was because I acquainted that my fingerprints were claimed to me and should not be on an ID agenda or a government database”, explains Madhewoo.

By the time the judgments came out in 2015, the MSM was in government. And what resulted was a aberrant compromise: Back the accompaniment had already absolute Rs 1.1 billion on the adorned new cards, they could not aloof be gotten rid of. But in befitting with the court’s appearance on biometrics, fingerprints would abide to be calm but alone to aftermath the ID agenda and the database autumn all the biometric fingerprints of added than 900,000 bodies was afterwards erased. An operation that amount addition Rs 23 million.

MSM’s U-turn

Despite its action to the biometric ID card, in 2017, the MSM boarded on an even-more aggressive project, the Safe City. A arrangement of 4,000 cameras able with facial acceptance technology supplied by the Chinese aggregation Huawei dotted about the country. The abundant irony is that government’s appetite to advance the Safe City activity would not accept been accessible afterwards the biometric advice actuality stored on the ID cards that the MSM fumed adjoin previously.

The botheration is that the Supreme Court cases advanced dealt with biometric fingerprints actuality stored by the government, but the botheration is that the ID cards were additionally actuality acclimated to abduction and abundance biometric photos of bodies aback they administer for the card. “What was destroyed was the database for fingerprints, but they are still accession biometric photos”, argues Seegobin.

There has been abundant agitation on the civilian liberties aspect of the Safe City project, says advocate Jean-Claude Bibi. “It is not hasty that the aforementioned affair that adjoin the ID agenda has now appear up with Safe City, such affecting changes in position are a alternate affection of Mauritian politics.” He adds that he opposes such measures because in his appearance the liberties of the alone trump the needs of a state, “knowledge is ability and ability about the alone in the easily of the accompaniment is a problem”, argues Bibi.

Amazingly, the action parties accept argued that the Safe City activity can be acclimated to accumulate tabs on and retaliate adjoin political opponents and their supporters: absolutely the aforementioned altercation that Pravind Jugnauth and his attorneys were themselves authoritative during hearings in the Supreme Court adjoin the ID agenda project. The aberration actuality that the parties accept switched abandon in the aforementioned debate.

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There has been abundant agitation on the civilian liberties aspect of the Safe City project, says advocate Jean-Claude Bibi. “It is not hasty that the aforementioned affair that adjoin the ID agenda has now appear up with Safe City, such affecting changes in position are a alternate affection of Mauritian politics.” He adds that he opposes such measures because in his appearance the liberties of the alone trump the needs of a state, “knowledge is ability and ability about the alone in the easily of the accompaniment is a problem”, argues Bibi.

Amazingly, the action parties accept argued that the Safe City activity can be acclimated to accumulate tabs on and retaliate adjoin political opponents and their supporters: absolutely the aforementioned altercation that Pravind Jugnauth and his attorneys were themselves authoritative during hearings in the Supreme Court adjoin the ID agenda project. The aberration actuality that the parties accept switched abandon in the aforementioned debate.

Kistnen and the Constitution

The accepted government has approved to bedew criticism of the Safe City activity by boasting of its almanac in angry crime. In 11 August 2020, Prime Minister, Pravind Jugnauth, boasted in assembly that the cameras of the Safe City arrangement had helped ascertain 101 crimes.

That about has accepted to be alveolate with the declared annihilation of MSM abettor Soopramanien Kistnen, in which a administrative enquiry is currently underway. Despite Jugnauth’s antecedent statements that it would alone be the badge administration the abstracts from the Safe City cameras, the affairs of the administrative enquiry apparent footage that went missing from the Safe City arrangement and, worryingly, that the abstracts from the Safe City activity is actual abundant in the easily of the government.

On 9 June 2020, and on added occasions as well, Jugnauth declared that the badge controls the Safe City abstracts activity on to explain that a Deputy Commissioner of Badge is accustomed as the official abstracts ambassador for the project. During hearings in the administrative enquiry, however, the badge acicular to Mauritius Telecom. And Mauritius Telecom, in turn, on 10 December 2020, in a statement, appear that the Safe City abstracts was absolutely actuality stored at the Government Online Centre, which avalanche beneath the National Computer Board, which in about-face avalanche beneath the ascendancy of the ICT ministry.

“There is a bright bucking here, who is absolutely in allegation and has admission to this data?” asks Bibi. Clearly the government’s antecedent statements that alone the badge controls advice from the Safe City activity is not true, “this has been apparent about now, and this is a absolute civilian liberties affair that is staring us in the face and lots of bodies don’t assume to accept that”, argues Seegobin.

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Here is Labour Affair aldermanic Osman Mahomed: “The botheration with all this abridgement accuracy is that we are acquirements new things anniversary time, now we ascertain that the NCB is involved, on what abject was it called and is it able to appropriately accumulate this da- ta, what abroad is actuality kept hidden by the authorities about this project? There are so abounding questions about this and should we delay for addition adverse accident to appear to apprentice added about how our claimed and clandestine abstracts is actuality handled by the government?”

The botheration aloof not stops with the Kistnen case. But it raises another, abundant broader, question: that of the biometric facial technology that lies at the affection of the Safe City project.

Huawei, the close that supplied the equipment, boasts that the facial acceptance appearance that the Safe City arrangement is able of “exceeds 95 percent”. “The ID agenda is absolutely actuality acclimated to accumulate biometric advice from photos of citizens, the catechism is does the government intend to use the facial acceptance technology eventually and if so, what is the database it will be using?” asks Mahomed.

At present, the government is abstinent that the ID agenda has annihilation to do with the Safe City system: on 30 June 2020, Jugnauth told assembly that “the abstracts accessible on the data- abject of the MNIS for the National Character Agenda (NIC) and the Axial Population Database (CPD) are not actuality acclimated in any basic of the Safe City Project”. The problem, however, is that government is intending to columnist advanced with activating the facial acceptance basic of the Safe City system, and this came in a alternation of answers in assembly that got little absorption at the time.

On 9 June 2020, in a accounting acknowledgment to a catechism from the PMSD’s Kushal Lobine submitted to parliament, Jugnauth explained that the facial acceptance appearance of the Safe City activity “will be acclimated for tracking the movements of capital persons, accepted abyss and missing persons. It will additionally be acclimated afterwards a abomination has been committed. The pictures of these categories of bodies will be uploaded on the arrangement database by accomplished and accustomed Badge Officers. Again alone the Face Acceptance Technology basic of the Safe City Cameras will be put to use”. In addition affair of parliament, on 11 August 2020, he went added and explained that should the facial acceptance appearance be used, “there will be charge to be have, I believe, abstracts banks, in adjustment to be able to bout them and to be able to analyze people” (sic).

The catechism that now arises is this: if in the case of Madhewoo battling the ID card, the Supreme Court (and, subsequently, the Privy Council) captivated that accumulate biometric fingerprints on citizens on a database for the ID agenda was unconstitutional, how on apple can it be built-in to set up addition abstracted data- abject for biometric photographs calm from that aforementioned ID agenda for the Safe City project?

And the government should apperceive this: afterwards all, this was what the Supreme Court said in Pravind Jugnauth’s own case adjoin the biometric ID card. “I am abiding that there will be groups of citizens and attorneys who will be attractive to claiming the Safe City activity on the aforementioned area as the ID card, it’s an absorbing catechism and I am abiding it will crop up”, concludes Bibi.

The questions that the Kistnen case has affronted about how the Safe City arrangement works may prove to be aloof the tip of the iceberg.

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Après les dépositions des témoins chaplet les auditions de l’enquête judiciaire ce mercredi 9 décembre, Me Rama Valayden a fait savoir que le but est de démontrer que Soopramanien Kistnen ne s’est pas suicidé. Le console d’avocats a aussi évoqué les images CCTV qui seront présentés en cour demain.

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