About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

31 Crim. L.F. 1 (2020)

handle is hein.journals/crimlfm31 and id is 1 raw text is: Criminal Law Forum (2020) 31:1-48 © Springer Nature B.V. 2020 https://doi.org/10.1007/s10609-020-09383-0 JAMIL DDAMULIRA MUJUZI* THE PROSECUTION IN SEYCHELLES OF PIRACY COM- MITTED ON THE HIGH SEAS AND THE RIGHT TO A FAIR TRIAL ABSTRACT. In Seychelles, the general rule is that domestic courts do not have jurisdiction over offences committed abroad. However, there are exceptions to that rule and one of them relates to the offence of piracy committed on the high seas. Section 65(1) of the Seychelles Penal Code creates the offence of piracy which is committed within Seychelles or elsewhere and section 65(2) provides that the courts of Seychelles shall have jurisdiction to try an offence of piracy... whether the offence is committed within the territory of Seychelles or outside the territory of Seychelles. On the basis of section 65, many suspected pirates have been prosecuted in Seychelles. Closely related to the issue of prosecuting suspected pirates is the question of whether their trial was fair. The right to a fair trial and public hearing is provided for under Article 19 of the Constitution. There are many piracy cases in which Seychellois courts have dealt with the issue of the right to a fair trial. The rights which have featured prominently are: the right to be tried by a competent court and the jurisdiction of Seychellois courts to try piracy committed on the high seas; the right against double jeopardy; the right to examine witnesses and challenge evidence; right to remain silent; the right to be presumed innocent until proved guilty; and the right to be informed in detail of the nature of the offence. The purpose of this article is to assess the jurisprudence in question and, where appropriate, suggest ways in which Seychellois courts could better protect the right to fair trial of those accused of committing piracy. * Professor, Faculty of Law, University of the Western Cape, Cape Town, South Africa. I collected some of the cases and materials used in writing this paper when I was a visiting researcher at the University of Seychelles in 2017 and 2018. I am grateful to the University of Seychelles for the invitation and to the Chief Justice of the Supreme Court of Seychelles (Dr Mathilda Twomey) and to the Registrar of the Supreme Court of Seychelles for all the assistance they gave me during my research visit. I am also indebted to the Attorney General of Seychelles, Mr Frank Ally, for the discussion we had on the prosecution of piracy in Seychelles. The usual caveats apply. Email: djmujuzi@gmail.com

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline.

Purchase Access

Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most