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Seychelles Legal System and Civil Rights
The three-tiered judicial system consists of
magistrates' or
small claims courts, the Supreme (or trial) Court, and the
Court
of Appeal. The Court of Appeal hears appeals from the
Supreme
Court in both civil and criminal cases. The Supreme Court
has
jurisdiction of first instance as well as acting as an
appeals
court from the magistrates' courts. The system is based on
English common law, with influences of the Napoleonic Code
(e.g.,
in tort and contract matters), and customary law. Criminal
cases
are heard in magistrates' courts or the Supreme Court
depending
on the seriousness of the charge. Juries are called only
in cases
of murder or treason. Normal legal protections are
extended to
defendants. They include public trials, the right of the
accused
to be present, and the accused's right to confront
witnesses, to
appeal, to qualify for bail in most cases, and to be
represented
by counsel, on a pro bono basis if indigent. Judges
from
other Commonwealth countries--mostly African or Asian--are
employed on a contract basis. Judges remain independent
from
influence by the executive in spite of occasional
government
pressure.
Under the penal code, a detained person must be brought
before a magistrate within forty-eight hours. Before
repeal of
the Public Security Act in 1992, persons could be detained
indefinitely on security charges. The president still has
broad
personal powers to detain persons regarded as security
threats.
Since 1989 only a few brief detentions have been reported,
all
under the Public Security Act.
Much progress in human rights has occurred since
political
freedoms were restored in 1992. Both military and police
engaged
in physical harassment of members of opposition parties
before
the 1992 election of constitutional delegates, but later
elections were free of intimidation. The government's
control of
jobs, housing, and land enables it to reward supporters
and
discourage dissent. Legislation still on the books brings
the
risk of prosecution and imprisonment for publishing
defamatory
material against the president or for publishing or
possessing
publications banned by the government for security
reasons. The
close association of the armed forces with the SPPF
represents a
further threat to the full exercise of political rights.
In an
attempt to mollify domestic and foreign critics, René
removed the
deputy secretary general of the SPPF as chief of staff of
the
defense forces in 1992.
The number of crimes and other offenses reported in
1990 was
4,564, of which 35 percent involved violations of traffic
ordinances. Thefts, burglaries, housebreaking, and other
forms of
stealing made up most of the remaining 1,559 offenses.
There were
five cases of homicide; thirteen cases of rape and
indecent
assault; 634 aggravated or common assaults; 287 offenses
against
property such as trespass and arson; and 403 incidents of
disorderly conduct. The general trend appears to be
downward,
although the sharpest decline is in vehicular offenses.
Theft in
tourist hotels is said to be on the rise. Juvenile
delinquency--
linked to boredom and isolation--is a growing problem.
Official statistics are not available on sentencing or
the
prison population. The United States Department of State
described living conditions at the Police Bay prison as
spartan
but said that in 1993 both SPPF and opposition members
drafting
the constitution had been allowed, to visit and found
conditions
satisfactory. Weekly family visits are allowed, and
inmates have
access to printed materials.
Data as of August 1994
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