Truth, Reconciliation and National Unity Commission: |12 October 2019

Dr Ferrari appearing before the commission yesterday

Dr Maxime Ferrari, Dolor Ernesta and other witnesses conclude hearings for this week

Case 001: Dorothy Chang-Him et al: Dr Maxime Ferrari re-appears before commission to provide additional evidence

The first witness to appear before the commission yesterday morning was Dr Maxime Ferrari who provided the commission with some additional evidence pertaining to events and circumstances surrounding the Coup. It must be noted that Dr Maxime Ferrari was the first witness to appear before the commission to provide evidence in the shooting of Davidson Chang-Him on June 5, 1977, during its first session last month.

Dr Maxime Ferrari commenced his deposition by declaring his “genuine and profound regret” at having been at the source of much pain for other Seychellois.

“I am the first person, directly involved with the coup, to have spoken about my involvement publicly and to have written on paper, for all to read, my account of what happened on that fateful day and during the years that followed,” he said.

Dr Ferrari urged all other witnesses and complainants to tell the truth based on what they have personally seen or heard rather than speculations and hearsay.

Dr Ferrari was questioned about the National Youth Service (NYS), the militia and its functions and roles as well as his personal involvement in land acquisition during his position as the Minster for Lands and Development.

He noted that at the time, NYS was being proposed on Coetivy island in a bid to separate the children from their parents, on account that parents at the time “were a bad influence to their children”, according to former President Albert Rene, who allegedly masterminded the coup.

In response to being asked about the role of the militia in the years subsequent to the coup, Dr Ferrari noted that some of the claims made by other complainants and witnesses that they were followed and harassed were indeed true.

Contrary to the evidence given by Lina Bonnelame on Thursday, who admitted to being part of the militia but denied harassing and spying on ‘enemies of the state’, Dr Ferrari noted that the militia, under the orders of the President and other senior military officials, had some people under surveillance, especially those who did not support the system and reported back to former President France Albert Rene, who was scared that there may have been attempts to overthrow him.

He added that he had no knowledge of what happened to those who voiced out against the system but that he suspected these persons were questioned by senior officials.

Asked about his involvement in planning the coup and the imposition of one-party state, Dr Ferrari noted that he was often lied to about the plans and that he had no role in masterminding such. The one-party state was supposedly introduced an estimated 18 months after the coup of June 5, 1977.

“The one party state was never discussed. It followed after and until today I still blame myself for not having quit my position in the government. It is the one-party state that brought all this suffering to Seychelles,” Dr Ferrari noted.

On the subject of the arrival of North Koreans in Seychelles, Dr Ferrari noted that President Rene had visited North Korea twice and negotiated for North Koreans to be sent to Seychelles in 1982, 1983 and he was allegedly told by Bishop French Chang-Him who visited him in Kenya that they were in Seychelles to teach military personnel torture techniques.

Dr Ferrari’s name has been mentioned by several witnesses as the person who administered injections to the perpetrators of the coup. He noted that he had no knowledge of injections being administered to persons who participated in the coup until the matter was brought up by the commission last month although he acknowledged having been informed that former President James Michel distributed pills and a small whisky to members of the coup.

He also addressed claims by other witnesses alleging that he was involved in illegal acquisition of their land during his time as the Minister for Lands and Development.

Dr Ferrari noted that during the time he occupied the position and was responsible for land acquisition between 1978 to 1983, 33 properties were compulsorily acquired, signed for by him. Of the 33 properties, 18 measured less than one hectare. Dr Ferrari also acknowledged having signed documents for the compulsory acquisition of the property of Commissioner Michael Green measuring 123,000 square metres.

“From 1982, when I was no longer responsible to June 1989, when Jacques Hodoul had the portfolio responsibility, 327 properties were compulsorily acquired and from 1989 to December 1992, when the new Constitution came into being, 145 acquisitions took place under the signature of Esmé Jumeau,” he said.

“I think there was no criteria. The small plots for which I signed the acquisition orders, I was requested by my ministry to accommodate for amenities and as per the needs of the ministry. In some instances, to take land for someone, things were done to cause the owner to stop what they were doing to give the government an excuse to acquire the land,” Dr Ferrari stated.

Dr Ferrari noted that if a land owner was in exile, their land would be taken on account that they had failed to develop the land and the property was falling in ruins.

In regards to the shooting of Davidson Chang-Him at the Central Police Station on June 5, 1977, Dr Ferrari corrected his previous statement made last month, to state that the shooting was more likely to have happened during the afternoon at around 2pm as opposed to 10am as he stated.

The commission has heard different timeframes from numerous witnesses who gave evidence about the matter. Former police officer Solano Savy suggested the incident happened at around 5.15pm while Guy Roucou proposed it occurred around 4.30pm.

Dr Ferrari also presented to the commission a sketch of a map of the central police station which he detailed the position he thinks Son was shot.

The commission scheduled another appearance for Dr Ferrari next week to provide evidence in the case of Hoffman.

The commission continued its hearings in closed session until the afternoon when it heard evidence from a witness in closed session.

Dolor Ernesta

Dolor Ernesta also reappeared before the commission to provide evidence as to property acquisition and the relevant laws which governed such acquisitions at the time.

He provided the commission with numerous documents dating back to colonial days relating to land and property issues, as well as maps of Mahé, Praslin and La Digue, explaining that land was compulsorily acquired even in colonial days to allow for the construction of basic amenities including roads among others.

As stated by Dr Ferrari earlier, Mr Ernesta noted that under the Land Acquisition Act (1977), implemented by former Ministers for land, namely Dr Ferrari, Jacques Hodoul and subsequently Esmé Jumeau.

“Just as the colonial masters found it necessary to compulsorily acquire land, so did Mr Rene as he had to deliver on his promise for the construction of schools, hospitals, to end the monopoly if you would, on land in Seychelles,” Mr Ernesta noted.

Mr Ernesta also made reference to the promulgation of the Constitution in 1993, which made provision for dispossessed former owners of compulsorily acquired properties to submit a claim for additional compensation or for return of undeveloped property and made mention of a committee established to negotiate compensation or such claims.

Asked the criteria for land acquisition, Mr Ernesta noted that the majority of instances, property was acquired in the national interest prior to 1993 but ‘national interest’ was not defined until 1993 when land would have to be acquired in the public interest which was defined in the law.

Some complainants allege that once their properties were acquired, it remained undeveloped and that some properties were acquired maliciously.

Commissioner Green noted that the commission heard a complaint earlier whereby a property with four houses was acquired and not developed until 6 years later when the family started pressuring the government to return it, when a block of flats was constructed.

The commission suggested that Mr Ernesta would be called back to provide more information at a later date.

The commission ended with a closed session.