Truth, Reconciliation and National Unity Commission |06 May 2021

Mrs MacIntyre

Perpetrators urged to come forward as the TRNUC completes amnesty procedures

The Truth, Reconciliation and National Unity Commission (TRNUC) has completed the draft of its amnesty procedures and amnesty petitions and the documents are now available on its website, along with a brief explanation of the criteria of eligibility for amnesty, as well as the roles and rights of complainants and victims in the amnesty process.

Chairperson Gabrielle Louise McIntyre made the announcement on Tuesday at the beginning of hearing number 147 which featured one case in open session, while three were heard off the camera.

She explained that the commission has now scheduled all of the cases that have been rendered admissible by it, while over 40 other cases are pending admissibility decisions.

Mrs McIntyre said those decisions have not been rendered because the complainants have not provided sufficient details about their complaints for the determination to be made and advised those who have filed a complaint before the Commission and do receive a hearing notice by the end of the week that their case is one of the pending cases.

She noted that if they want to move forward with the complaint, they need to contact the commission as soon as possible.

She further noted that at the moment, the commission has decided to keep those complaints outstanding and that it cannot render admissibility decisions on until Monday May 31, 2021 which is the deadline for complainants to provide the information necessary to make the admissibility determination.

Regarding amnesty, on behalf of the commission, Mrs McIntyre invited all those who wish to admit responsibility for human rights violation they have committed to make a petition for amnesty.

The commission will also be contacting those it has deemed responsible for human rights violations and inviting them to petition for amnesty in due course.

Pursuant to the TRNUC Act of 2018 and in order to foster reconciliation in the Seychelles, those individuals who provide a full and frank disclosure of their culpable acts or omissions in relation to any human rights violation and offer sincere apologies to the victim(s) shall be granted an amnesty in relation to the acts or omissions that were part of the disclosure and apology.

A perpetrator who has been granted amnesty in respect of a violation shall not be criminally or civilly liable in respect of the acts or omissions that were part of the disclosure and apology.

The amnesty shall not, however, affect any order by the Commission for remedies, reparations, or rehabilitation for victim(s) or the close relative of the victim(s) where the complaint is made by a close relative of the victim(s), petitioner, perpetrator, and any other person the Commission deems appropriate.

Perpetrators who wish to apply for amnesty will be required to fill in an amnesty petition (available in English, Creole and French).

Those who require assistance in filling out the petition are entitled to seek assistance from legal representation.

If they are unable to access legal aid, they will be supported by a member of staff of the Commission who is competent in amnesty proceedings.

The Commission has already identified and liaised with a number of persons eligible for amnesty. However, it continues to urge anyone who believe they may have committed a violation within the mandate of the Commission to come forward and seek forgiveness in order to bring closure to both themselves and the victims of the violation, and help the people of the Seychelles move forward in unity.

Roland Duval