Identifier
Created
Classification
Origin
10PORTLOUIS43
2010-02-17 10:07:00
CONFIDENTIAL
Embassy Port Louis
Cable title:
PIRACY AND SEYCHELLES PENAL CODE
how-toVZCZCXRO5492 RR RUEHBZ RUEHDU RUEHMR RUEHRN DE RUEHPL #0043/01 0481007 ZNY CCCCC ZZH R 171007Z FEB 10 FM AMEMBASSY PORT LOUIS TO RUEHC/SECSTATE WASHDC 4980 INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE RUEHDJ/AMEMBASSY DJIBOUTI 0006 RUEHNR/AMEMBASSY NAIROBI 0009 RHMFISS/HQ USAFRICOM STUTTGART GE RHMFISS/CJTF HOA
C O N F I D E N T I A L SECTION 01 OF 02 PORT LOUIS 000043
SIPDIS
S/P FOR PHARRELL; L FOR JLANSIDLE
E.O. 12958: DECL: 02/16/2020
TAGS: PREL PGOV KPIR MARR PHSA EWWT PBTS SO SE
SUBJECT: PIRACY AND SEYCHELLES PENAL CODE
REF: PORT LOUIS 0006
Classified By: CDA BARRIE WALKLEY FOR REASONS 1.4 (b) AND (d)
C O N F I D E N T I A L SECTION 01 OF 02 PORT LOUIS 000043
SIPDIS
S/P FOR PHARRELL; L FOR JLANSIDLE
E.O. 12958: DECL: 02/16/2020
TAGS: PREL PGOV KPIR MARR PHSA EWWT PBTS SO SE
SUBJECT: PIRACY AND SEYCHELLES PENAL CODE
REF: PORT LOUIS 0006
Classified By: CDA BARRIE WALKLEY FOR REASONS 1.4 (b) AND (d)
1. (C) Motivated in part by the capture and up-coming trial
of eleven Somali pirates, the government of Seychelles is
currently pursuing an amendment to the Penal Code that will
specifically criminalize piracy and the conspiracy to commit
piracy. It will also allow the prosecution in Seychelles
courts of acts of piracy that occur outside Seychelles
territory. A copy of the proposed amendment has been
provided to us but the source requests that the text be
treated as confidential until the amendment is official. It
must receive cabinet approval, be passed by the National
Assembly and then signed by the president. The government
hopes this can be achieved by the end of February. The text
of the draft amendment is included below.
2. (C) BEGIN TEXT OF AMENDMENT:
2. The Penal Code is hereby amended as follows:
a. by repealing section 65 and substituting therefor the
following section:
65(1) Any person who commits any act of piracy within
Seychelles or elsewhere is guilty of an offense and liable to
imprisonment for 30 years and a fine of R1 million.
65(2) Notwithstanding the provisions of section 6 and any
other written law, the courts of Seychelles shall have
jurisdiction to try an offense of piracy whether the offense
is committed within the territory of Seychelles or outside
the territory of Seychelles.
65(3) Any person who attempts or conspires to commit, or
incites, aids and abets, counsels or procures the commission
of, an offense contrary to section 65(1) commits an offense
and shall be liable to imprisonment for 30 years and a fine
of R1,000,000.
65(4) For the purposes of this section "piracy" includes:
(a) any illegal act of violence or detention, or any act of
depredation, committed for private ends by the crew or the
passengers of a private ship or a private aircraft and
directed:
(i) on the high seas, against another ship or aircraft, or
against persons or property on board such a ship or aircraft;
(ii) against a ship, an aircraft, a person or property in a
place outside the jurisdiction of any State or,
(b) any act of voluntary participation in the operation of a
ship or an aircraft with knowledge of facts making it a
pirate ship or a pirate aircraft.
65(5) A ship or aircraft shall be considered a pirate ship or
a pirate aircraft if:
(a) it has been used to commit any of the acts referred to in
subsection (4) and remains under the control of the persons
who committed those acts; or
(b) it is intended by the person in dominant control of it to
be used for the purpose of committing any of the acts
referred to in subsection (4).
65(6) A ship or aircraft may retain its nationality although
it has become a pirate ship or pirate aircraft. The
retention or loss of nationality shall be determined by the
law of the State from which such nationality was derived.
65(7) Members of the Police and Defense Forces of Seychelles
shall on the high seas, or may in any other place outside the
jurisdiction of any State, seize a pirate ship or pirate
aircraft, or ship or aircraft taken by piracy and in the
control of pirates, and arrest the persons and seize the
property on board. The Seychelles Court shall hear and
determine the case against such persons and order the action
to be taken as regards the ships, aircraft or property
seized, accordingly to the law.
3. The Criminal Procedure Code is amended in section 60 by
repealing the words "committed within Seychelles" and
substituting therefor the words "over which the Courts of
PORT LOUIS 00000043 002 OF 002
Seychelles have jurisdiction." END TEXT
3. (C) COMMENT: This amendment is significant as it
criminalizes piracy and allows the prosecution in Seychelles
courts of acts of piracy committed inside, and outside,
Seychelles territory. It helps pave the way for the possible
establishment in Seychelles of a regional court for piracy
prosecution.
WALKLEY
SIPDIS
S/P FOR PHARRELL; L FOR JLANSIDLE
E.O. 12958: DECL: 02/16/2020
TAGS: PREL PGOV KPIR MARR PHSA EWWT PBTS SO SE
SUBJECT: PIRACY AND SEYCHELLES PENAL CODE
REF: PORT LOUIS 0006
Classified By: CDA BARRIE WALKLEY FOR REASONS 1.4 (b) AND (d)
1. (C) Motivated in part by the capture and up-coming trial
of eleven Somali pirates, the government of Seychelles is
currently pursuing an amendment to the Penal Code that will
specifically criminalize piracy and the conspiracy to commit
piracy. It will also allow the prosecution in Seychelles
courts of acts of piracy that occur outside Seychelles
territory. A copy of the proposed amendment has been
provided to us but the source requests that the text be
treated as confidential until the amendment is official. It
must receive cabinet approval, be passed by the National
Assembly and then signed by the president. The government
hopes this can be achieved by the end of February. The text
of the draft amendment is included below.
2. (C) BEGIN TEXT OF AMENDMENT:
2. The Penal Code is hereby amended as follows:
a. by repealing section 65 and substituting therefor the
following section:
65(1) Any person who commits any act of piracy within
Seychelles or elsewhere is guilty of an offense and liable to
imprisonment for 30 years and a fine of R1 million.
65(2) Notwithstanding the provisions of section 6 and any
other written law, the courts of Seychelles shall have
jurisdiction to try an offense of piracy whether the offense
is committed within the territory of Seychelles or outside
the territory of Seychelles.
65(3) Any person who attempts or conspires to commit, or
incites, aids and abets, counsels or procures the commission
of, an offense contrary to section 65(1) commits an offense
and shall be liable to imprisonment for 30 years and a fine
of R1,000,000.
65(4) For the purposes of this section "piracy" includes:
(a) any illegal act of violence or detention, or any act of
depredation, committed for private ends by the crew or the
passengers of a private ship or a private aircraft and
directed:
(i) on the high seas, against another ship or aircraft, or
against persons or property on board such a ship or aircraft;
(ii) against a ship, an aircraft, a person or property in a
place outside the jurisdiction of any State or,
(b) any act of voluntary participation in the operation of a
ship or an aircraft with knowledge of facts making it a
pirate ship or a pirate aircraft.
65(5) A ship or aircraft shall be considered a pirate ship or
a pirate aircraft if:
(a) it has been used to commit any of the acts referred to in
subsection (4) and remains under the control of the persons
who committed those acts; or
(b) it is intended by the person in dominant control of it to
be used for the purpose of committing any of the acts
referred to in subsection (4).
65(6) A ship or aircraft may retain its nationality although
it has become a pirate ship or pirate aircraft. The
retention or loss of nationality shall be determined by the
law of the State from which such nationality was derived.
65(7) Members of the Police and Defense Forces of Seychelles
shall on the high seas, or may in any other place outside the
jurisdiction of any State, seize a pirate ship or pirate
aircraft, or ship or aircraft taken by piracy and in the
control of pirates, and arrest the persons and seize the
property on board. The Seychelles Court shall hear and
determine the case against such persons and order the action
to be taken as regards the ships, aircraft or property
seized, accordingly to the law.
3. The Criminal Procedure Code is amended in section 60 by
repealing the words "committed within Seychelles" and
substituting therefor the words "over which the Courts of
PORT LOUIS 00000043 002 OF 002
Seychelles have jurisdiction." END TEXT
3. (C) COMMENT: This amendment is significant as it
criminalizes piracy and allows the prosecution in Seychelles
courts of acts of piracy committed inside, and outside,
Seychelles territory. It helps pave the way for the possible
establishment in Seychelles of a regional court for piracy
prosecution.
WALKLEY