Land acquisition, victimisation and false imprisonment allegations before TRNUC |21 May 2021

The Truth, Reconciliation and National Unity Commission yesterday heard from three complainants in open session, two of whom lodged their claims via Skype.

Case 0323 Joseph Faure representing the Faure family in land claim

Complainant Joseph Faure presented the complaint of behalf of the Faure family, noting that a parcel of land belonging to their uncle was unjustifiably signed over to the Pillay family, following a court matter to which their family had no knowledge.

Mr Faure in starting recalled that as of 1960 onwards, he and his brothers would stay at Anse Louis during the school holidays at his uncle’s property, and his uncle would always complain about the Pillay family, who claimed they had a share in the land, and that his uncle spent all his money in trying to ensure that the property remains in family hands.

Mr Faure went on to note that in 1990, his sister and him were called by lawyer Tony Juliette who informed them that the Pillay family was seeking closure on the land, but apparently Mr Juliette did not proceed with their case. However, according to his claim, one day, he discovered at the Registrar that the land has already been ruled upon, and court ruled that the land had to be separated and a portion assigned to the Pillay family.  Mr Faure maintained that they had no knowledge of the court matter and was thus not represented.

He also told the commission that he has no knowledge of the basis on which the Pillay family claimed a stake in the land, but told them that his grandfather had purchased the parcel. Chairperson of the commission Gabrielle Louise McIntyre pointed out that the joint ruling indicates that the parcel was co-owned by a late Mrs Pillay, and the heirs of the Faure family.

Mr Faure went further to allege that the government also acquired 590sqm of the parcel C1634 and compensated his aunt R100,000 and the same amount to the Pillay’s. The acquired parcel was partitioned into three, and a crèche built on one part, C4428, while two portions remain abandoned. The Faure family is claiming back the two unused plots, C4417 and C4418. 

According to Mr Faure, government also constructed a road on their parcel, without their permission.  As such, the family is seeking the return of the two unused acquired plots, as well as a plot of the same size as redress for the plot on which the main road has been constructed.

Case 063 Andre Barallon; Joseph Leon appears as witness

Joseph Leon was called before the commission in relation to the evidence provided by Andre Barallon, who in his complaint claims that he was arrested in 1985, along with six other persons, including Mr Leon, for the publication and distribution of anti-government leaflets. It was also Mr Barallon’s claim that they were all charged with trying to bring about the death of late former President Albert Rene, as well as for distribution of seditious material.

Mr Leon who appeared via Skype, recounted how on Saturday May 18, they were distributing the papers until they reached the Anse Aux Pins police station where army convoys and armed  officials were stationed and stopped their vehicle to conduct a search. He noted that they found nothing as they had already discarded the papers, and that he managed to when the pick-up was stopped, flee arrest, while the other five were taken into custody.

Continuing on, Mr Leon noted that army officers caught up with him shortly after, and he too was arrested and they transported him to the Pointe Larue facility, where he was assaulted with a rifle. They then transported him to the same cell as his other five friends who had been arrested prior.

Mr Leon claims that the next day he was interrogated and threatened by police superior Fontaine, and was returned to his cell, and that they were each interviewed separately. During the time in which they were incarcerated, John Pillay, brother to Commissioner James Pillay was also arrested and instructed that he is to leave the country, promising to the six others that he would make arrangements for them to also leave the country for the United Kingdom (UK).

“We had been there for about seven weeks and one morning, a chief prison officer, Mr Lesperance, came in the prison van, a green one, and we were told we would be released, so we thought we were going home. Instead of taking us home, they took us to the jetty to head out towards Ile Longue onboard a boat,” said Mr Leon.

“When we arrived on Ile Longue, we were again put in a cell, and I was lucky that I had a cell where I could see the other inmates for a few minutes or for a chat. At first they gave us half an hour for exercise, but after a few weeks, they took the privilege from us,” Mr Leon explained, detailing the treatment which they were made to suffer while in detention.

Since their arrest in May, the six remained in detention until it was decided that they would be tried before court in October. The six were represented by lawyer Bernard Georges, according to Mr Leon. He stated that court ordered that two of them be imprisoned for a year, while the other four were handed suspended sentences, although all six of them were detained, until they were gradually released one by one.

Mr Leon also told the commissioners how a few days prior to his arrest, all four tyres on his personal vehicle were slashed, apparently by army officials.  He also noted that they were eventually released in February the following year, and he left the country for the UK 15 days later.

Case 041 Gilbert Chow

Appearing via Skype, complainant Gilbert Chow provided the commissioners with evidence pertaining to other cases, including that of Gilbert Morgan and his experiences with Albert Rene prior to the coup, and after he assumed power in 1977.

Starting off, Mr Chow provided some context, noting that he spent five years at the Seychelles College and completed his studies in 1962, and how he was promised a place at the A-Levels school when it was to open in 1963, based on his outstanding performance. Continuing on, he noted that when the school opened, there were not enough competent teachers at the time, especially for technical subjects, which meant that he only completed some subjects. Before completing his final exams, both his parents passed. He at the time, applied for a scholarship on offer by the government of the United States of America (USA).

Mr Chow remembered how along with three other boys and one girl, they left in 1965 for the USA, through Kenya, where he studied in Wisconsin, where he remained until December 1968. As he had to await a nine-month period before enrolling for a PHD in nuclear physics, he was offered an internship as a research assistant in New York.

Around May or June 1969, Mr Chow alleges that Mr Rene called him and wanted a meeting with him while he was visiting the United Nations (UN) Plaza. At the time, Mr Rene said the objective of his meeting was to place pressure on the British government to decolonise Seychelles. Mr Rene then returned to Seychelles and they never got into contact again.

Mr Chow continued on to note that the 20 or so Seychellois students who were studying at the time were informed that scholarships are to be discontinued, so he started a newsletter and sent to all the students, asking that they seek support from people they know back home to contest the decision. He returned to Seychelles shortly after through India, and was placed in a cabin on the ship with inspector James Pillay and another police officer who had just completed a course in India.

He told the commissioners about his relationship with Mr Pillay over the years, and his encounters with Mr Rene upon his return in 1970, where Mr Rene advised him to open a political party so as to attract the young graduates, to which he said no.

As he was running the Teacher’s Union, between the period of 1970 to 1972, he was contacted by Mr Rene who wanted to publish the union’s newsletter in his political paper, although Mr Chow declined.

“At this point he said that even if I did not give him the permission to do so, he would publish it to which I answered that I would take him to court, so the public will know that you are trying to manipulate the Teacher’s Union,” Mr Chow said, of his first confrontation with Mr Rene.

In 1972, Mr Chow applied for a scholarship to pursue a Master’s degree in education with the British government, and he was successful in his application. After completing his course, he was offered another PHD programme, but he refused and decided to return to Seychelles in 1973, where he was appointed education officer within the department of education.

Mr Chow also told the commission how his school friend Gilbert Morgan in January 1977 told him he was planning a coup d’Etat to oust late former President James Mancham, and that he would eliminate even the Prime Minister, Albert Rene at the time. He alleges that Mr Morgan also told him that he has a small group backing him, including a senior army officer Raymond Bonte, as well as the backing of the Cuban government. He claims that at that point he agreed to be a part of Mr Morgan’s government if he was to be successful, but Mr Morgan disappeared shortly after.

With regard to his demotion after the 1977 coup, Mr Chow noted that he was still employed within the education department as acting principal secretary. In August of the same year, he was advised by his superior that he should not be in the ministerial building and that he was to be transferred to the Seychelles College to teach physics. Upon consulting Minister (Jacques) Hodoul, he was further informed that President Rene has no faith in him and his abilities to run the ministry. He received a letter signed by President Rene to that effect, with a promise of the same salary.

He further claims that he had applied for a job overseas and never got the job as the government refused to give a reference letter for him.

The commissioners also heard about the demonstrations against the National Youth Service (NYS) from Mr Chow.

In 1979 he alleges, he was confronted in a shop by a police officer and he was issued with a warrant on the basis that the police wanted him for questioning. The document he said was a detention order which stipulated that he was involved in affairs to destabilise the country. He was allowed to contact his fiancé at that point and was escorted to the Central Police Station. As many others have claimed, he was held in a cell at the station and was later transferred to the Union Vale Prison where he remained in detention for almost 40 days he said. After his release, he received a letter in which he was terminated from his position within the education department.

He went on to note that he then purchased two retail stores and that following the 1982 mercenary incident, received a phone call informing him that his passport will be seized. He eventually gave up his passport a few weeks later, thereby infringing on his right to free movement. A couple of years later when his green card was approved, he tried to obtain his passport from the government and managed to do so. He claims that he managed to travel to the USA, and during his absence was informed that the police raided his house and confiscated his possessions.

Before concluding, Mr Chow told the commissioners how he was harassed by militia on numerous occasions.

The commission will resume with open session as from 1pm today.

Laura Pillay