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