Paving the way forward for a parole and pardon system |24 November 2023

Consultant Benjamin Vel

The Advisory Committee on the power of pardon met its partners yesterday for a one-day workshop to pave the way towards an effective parole and pardon system for the country.

This workshop was in line with the advisory committee’s strategic plan.

Present at the opening ceremony of the workshop were President Wavel Ramkalawan; Chief Justice of the Supreme Court, Rony Govinden; Minister for Local Government and Community Affairs, Rose-Marie Hoareau; leader of government business in the National Assembly, Bernard Georges; chairperson of the Human Rights Commission, Justice Bernardin Renaud; Commissioner of Prisons, Raymond St Ange; and representatives from various key ministries, agencies and organisations.

The workshop at the International Conference Centre was held under the theme ‘Parole and pardon system in Seychelles’. The chairperson of the Advisory Committee on the power of pardon, Jude Fred, said at present, Seychelles has no parole system but only has a licence and pardon option.

“Since the introduction of the Constitution of the Republic of Seychelles in June 1993, there has been no move to formalise the pardon system. While heading towards formalising the pardon system, we also have to look at the best practices happening globally.”

Speaking about the current model in Seychelles, Mr Fred said the only guidance for pardon and parole is Article 60 of the Constitution.

“There is an absence of legislative framework to guide the advisory committee. This is seen as inadequate given the modern and present circumstances which require clearly defined criteria for the selection of offenders and for recommending parole and pardon,” he added.

Advice, recommendations or parole require the committee to be confident that the applicant is capable to reintegrate into society without being a threat to society.

“It is important to reiterate that social reintegration is seen as the most challenging aspect of a proper rehabilitation programme leading to an effective reintegration and such must be in place in order for the system to be satisfied that the recommending parole or pardon is in the interest of safeguarding the society.”

Last year, the committee received 35 requests out of which eight conditional pardons were granted, four were deferred, three were recommended but not approved while 17 were not recommended and maintained.

Mr Fred said there are many challenges being faced by the committee, adding that the present guidelines are insufficient to ensure fairness in application of measures as advised by the Attorney General’s. Consultant working on this project, Benjamin Vel, gave a presentation on the various practices from other countries as well as the key questions which need to be addressed when discussing points to include in a possible Parole and Pardon Bill.

Mr Georges’ presentation included an overview of the advantages and disadvantages of the current position, the way forward in terms of specific proposals.

There were also presentations from the Attorney General’s office, Human Rights Commission, the probation and prison services.

Mandy Bertin