Direct application of the Convention by domestic courts 8. While noting that article 48 of the Constitution provides that Chapter 3 of the Constitution, which contains the “Seychellois Charter of Fundamental Human Rights and Freedoms” (articles 15 to 39 of the Constitution), is to be interpreted in such a way so as not to be inconsistent with any international obligations of Seychelles relating to human rights and freedoms, the Committee is concerned that the provisions of the Convention are not directly enforceable by courts of the Seychelles, that they must be incorporated in national legislation in order to be directly enforceable and can therefore not be applied directly by the domestic courts (arts. 2, 4 and 12). 9. The State party should: (a) Amend its legislation in order to incorporate into national law and ensure the full and direct applicability of the provisions of the Convention in national courts and that it can be invoked before them; (b) Ensure that State officials, including judges, prosecutors and lawyers receive training that covers the provisions of the Convention in order to assert the rights established in those provisions and to ensure that they are taken into account and directly applicable before national courts; (c) Provide information about specific cases in which the Convention has been invoked before and applied directly by the courts; (d) Widely disseminate the Convention in the State party, in three official languages of Seychelles, including Creole. Abolition of the death penalty 10. While the article 15 (2) of the Constitution indicates that “A law shall not provide for a sentence of death to be imposed by any court” and that the Extradition Act also prevents extradition of persons to countries where the death penalty is in force and would be applied for the offence committed by the person unless the receiving country agrees to suspend the death penalty in that particular case, the Committee is concerned that references to “the sentence of death” continue to be contained in other national legislation (arts. 2 and 16). 11. The State party should take steps to remove the discrepancy between the Constitution and other national legislation that contains mention of “the sentence of death” in order to streamline all national laws and ensure compliance with the constitutional prohibition of the death penalty. Age of criminal responsibility 12. The Committee is concerned that the minimum age of criminal responsibility for certain offences in the State party is 7 years (art. 2). 13. The State party should reform the juvenile justice system and amend the Penal Code to bring the age of criminal responsibility into compliance with international standards. Inadmissibility of statements made as a result of torture 14. While taking note that the 1912 Judges’ Rules of the King’s Bench in England and English law of evidence prevail, and that confessions given by accused parties involuntarily are inadmissible as evidence before courts of law, the Committee is concerned that coerced confessions are not outlawed specifically in national legislation (arts. 2 and 15). 15. The State party should: (a) Amend national legislation, including the Code of Criminal Procedure, in order to ensure, in law and practice, that any statement resulting from torture or cruel, inhuman or degrading treatment is not invoked as evidence; (b) Ensure that courts dismiss in practice all cases in which evidence was obtained as a result of torture or cruel, inhuman or degrading treatment; 4

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