a. Arbitrary Deprivation of Life and Other Unlawful or Politically Motivated Killings

There were no reports that the government or its agents committed arbitrary or unlawful killings.

There were no reports of disappearances by or on behalf of government authorities.

The constitution and law prohibit such practices, and there were no reports that government officials employed them.

Impunity was not a significant problem in the security forces.

There were no significant reports regarding government-run prison or detention center conditions that raised human rights concerns. Prison conditions improved during the year with a decrease in the inmate population, an expansion of prison facilities, and fewer incidents of prisoner-on-prisoner violence.

Physical Conditions: According to Montagne Posee Prison superintendent Raymond St. Ange, the inmate population at the 400-inmate capacity Montagne Posee Prison was 270 prisoners as of October, a decrease from 392 in 2019. As of November the countrywide inmate population was 318 including those on remand, also a decrease from 2019. A separate holding facility for pretrial male detainees is situated in Victoria. Juvenile pretrial detainees and juvenile convicted prisoners continued to be held together with adult prisoners. Women were held separately from men. In October, St. Ange announced the building of a separate juvenile detention facility for up to 50 juveniles.

The Seychelles Prison Service announced investigations into the few incidents of prisoner-on-prisoner violence. In September the minister of home affairs initiated an investigation after a female inmate was discovered to be pregnant. Conjugal visits were not permitted for inmates.

There were two reported inmate deaths during the year. In June, one inmate died following a long illness, and in October another prisoner died, which the prison authorities determined to have been a suicide.

Administration: Authorities allowed religious observance throughout the year. Between mid-April and mid-May, the Seychelles Prison Services suspended inmate access to visitors due to COVID-19 prevention measures and suspended faith-based volunteer visits between April and June, also due to COVID-19 prevention measures.

Independent Monitoring: The government generally permitted independent monitoring of prison conditions by local and international human rights groups. The UN Office on Drugs and Crime (UNODC), local nongovernmental organizations, and community groups visited the facilities during the year.

Improvements: Improvements to the Montagne Posee prison facilities continued during 2020. In October, St. Ange announced that the Montagne Posee prison reception facility became operational, providing a reception area for visitors, a shop for visitors, three search rooms, a security control room, and holding cells for visitors caught attempting to smuggle illegal items into the prison. The Seychelles Prison Service continued to expand the staff barracks and install ramps and handrails to provide access for persons with physical disabilities. In October, St. Ange also announced the addition of a drone to the Seychelles Prison Service’s security system.

The Seychelles Prison Service added 18 staff in August and two more in September. The prison service also announced it was reviewing its Coetivy prison facility operations after receiving reports of possible security breaches. Inmates were transferred to the Montagne Posee prison during the review, while 15 officers remained assigned to the Coetivy facility. In September the prison service announced that all prison staff completed the online “Nelson Mandela Rules” UNODC course on the UN standard minimum rules for the treatment of prisoners.

The constitution prohibits arbitrary arrest and detention and provides for the right of any person to challenge the lawfulness of his or her arrest or detention in court, and the government generally observed these requirements.

The law requires warrants for arrests, except for persons arrested under the Misuse of Drugs Act that allows police to arrest and detain persons suspected of drug possession, use, importation, and trafficking. Individuals arrested must be brought before a magistrate within 24 hours, with allowance made for travel from distant islands. Police generally respected this requirement. The law provides for detention without criminal charge for up to 14 days if authorized by court order. Authorities generally notified detainees of the charges against them and generally granted family members prompt access to them. Detainees have the right to legal counsel, and indigents generally received free counsel on all cases, including felony cases. Courts allowed bail in most cases.

Pretrial Detention: The law provides that remand (pretrial) prisoners be released on bail after six months of detention if their cases have not been heard. Court backlogs led to lengthy pretrial detention in previous years, but the government continued effective reforms instituted in 2019 to decrease the prison population. Supreme Court processes for both civil and criminal cases continued to improve, decreasing the average duration of civil cases from 499 days in 2019 to 389 days in early 2020, and the average duration of criminal cases from 427 days in 2019 to 328 days in early 2020.

The constitution and law provide for an independent judiciary. The government generally respected judicial independence and impartiality. Authorities generally respected court orders.

In October former chief justice Mathilda Twomey stated the judicial appointment process was problematic and that the appointment institution itself was not fit for its purpose. Twomey stated the country continued to fall short of international best practices.

Both the constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right.

Defendants are considered innocent until proven guilty, have the right to be present at their trials, and to appeal convictions. Defendants have the right to be informed promptly and in detail of the charges against them, with free interpretation as necessary from the first court appearance through all appeals. The law makes provision for defendants to present evidence and witnesses and to cross-examine witnesses in court. The law provides for defendants to consult with an attorney of choice, to have one provided at public expense in a timely manner if unable to afford one, and to be provided adequate time and facilities to prepare a defense. Defendants may confront prosecution or plaintiff witnesses and present their own witnesses and evidence. They may not be compelled to testify or confess guilt. The law extends these rights to all defendants.

There were no reports of political prisoners or detainees.

Individuals or organizations may seek civil remedies for human rights violations through domestic courts.

The government established the Truth, Reconciliation, and National Unity Commission (TRNUC) in 2017 to investigate and settle claims of forced land acquisitions and human rights abuses stemming from the 1977 military takeover. As of November 10, the TRNUC had conducted hearings for 180 of 425 cases (see also section 5, Government Human Rights Bodies). Regarding land acquisition claims, claimants demanded compensation for properties seized by the government without due process beginning in 1977. The former government generally targeted supporters of opposition political parties or private citizens deemed a threat to the government’s control. The government refused to consider the claims for many years but established the TRNUC as a result of international and domestic pressure and to unify the country’s population.

In June former president Danny Faure established a commission of inquiry to investigate the sale of the Plantation Club Hotel. In 2008 the government petitioned the courts to dissolve Ailee Development Corporation (ADC) and dispose of its assets, the Plantation Club Hotel, on the basis of a license renewal denial by the Seychelles Licensing Authority (SLA). The SLA determined that the Plantation Club fell into disrepair and could not properly operate as a hotel anymore. The ADC strongly opposed the SLA’s determination and the government’s petition and believed that it was an expropriation attempt by the government. The government subsequently sold the property to a foreign investor, who had reportedly tried to purchase the property from ADC.

The constitution and law prohibit such actions, and there were no reports the government failed to respect these prohibitions.