Categories
Indian Ocean Transparency

The Times: English Barristers Criticised over Seychelles ‘Show Trial’

Senior London barristers allege that due process has been breached in the Seychelles
Senior London barristers allege that due process has been breached in the Seychelles

Senior London barristers are embroiled in a row over “a politically motivated prosecution” that has allegedly breached due process in the Seychelles.

The family of two defendants who are accused of corruption and weapons charges on the Indian Ocean island have expressed “distress” that one of the prosecution lawyers is a QC from a prominent human rights chambers.

Stephen Powles QC, a tenant at Doughty Street, has been instructed by the Seychelles government jointly to lead the prosecution against nine defendants who are associated with or related to France Albert René, the country’s former resident, who died aged 83 in 2019.

René had stepped down in 2004, but his party remained in power until 2020, when it lost elections for the first time in 43 years to a party led by Wavel Ramkalawan, the present leader.

Powles is joined on the prosecution side by Edmund Vickers QC of Red Lion Chambers and two junior barristers from London sets. The defendants include Mukesh Valabhji and his wife, Laura. Valabhji, a former senior figure at the Seychelles Marketing Board, and his wife have been accused of conspiracy to launder money and possession of weapons. The pair deny all of the charges. Their lawyers, based in London at the law firm Kobre & Kim, claim that the authorities have committed “numerous abuses of procedure and of the defendants’ rights”. The lawyers allege that the pair have been unlawfully detained for six months and refused bail “without charge or trial, despite the defendants representing no threat or flight risk”. They claim that the Seychelles government retrospectively amended corruption laws to give the prosecution new powers. The legal team argues that the anti-corruption commission of the Seychelles (ACCS), a prosecution body, ultimately acknowledged that it lacked the authority to bring charges against the defendants. However, Jason Masimore, a partner at Kobre & Kim, says that the court “refused to dismiss the charges so that the government could pass new laws in favour of the ACCS”.

He adds: “This act of judicial overreach highlights concerns we have raised that there is no separation of powers between the judiciary and government.” He says that the “politically motivated show trial continues to lack any credible evidence of wrongdoing by the accused and contains a complete absence of due process”.

There are no suggestions that Powles and the other London lawyers acting for the prosecution have behaved unlawfully or unethically.

However, one close family member of the couple says: “We are in despair and matters are made worse for us as we see that the prosecution is receiving help from two leading QCs from highly respected London chambers, one of which has always had a stellar reputation in the field of human rights.”

The case is the latest in which English barristers have faced criticism for acting for overseas governments that have what some consider to be poor records on human rights.

While human rights in the former British colony are widely considered to have improved, there has been a history of abuses since the island gained independence in 1976.

Last year, David Perry QC, a tenant at 6KBW College Hill chambers, was criticised after he was instructed to prosecute pro-democracy campaigners in Hong Kong. The silk eventually withdrew from the case.

In September Dinah Rose QC of Blackstone Chambers who is also the president of Magdalen College at Oxford University, was criticised by an LGBT student group for acting for the government of the Cayman Islands as it defended its ban on gay marriage in a Privy Council case.

Before this month’s Commonwealth heads of government meeting, the Valabhjis’ legal team aims to raise the case with Baroness Scotland of Asthal QC, who is the Commonwealth secretary-general and a former Labour attorney-general. The Valabhjis’ lawyers say that they have already raised concerns with the British Foreign Office.

The Seychelles authorities did not respond to a request for comment. Powles declined to comment as the case was ongoing.

Republished from https://www.thetimes.co.uk/article/english-barristers-criticised-over-seychelles-show-trial-vvvq0ntgp written by Jonathan Ames

Categories
Economy Indian Ocean Politics

India & China Influence in Seychelles

India and Seychelles have strengthened their military collaboration with the delivery of equipment and joint training. Allowing India to ensure its presence in the area with the development of its military base in the archipelago.
In addition, the Indian High Commissioner stated that India will assist Seychelles with the construction of a coast guard radar system and other defense issues. After a request from Seychelles’ President and Minster of Defense Wavel Ramkalawan.

Since 2018, the two countries have signed a lease agreement for the island of Assumption for 20 years. The Indians set up a military base there. It is located 370 km northeast of Mayotte. During a handing over ceremony for three ceremonial weapons and ammunition as well as a wave-rider boat gifted by the Indian government, General Dalbir Singh Suhag, a former chief of army staff of the Indian Army, spoke about the radar system donation. Onboard the INS Gharial, the vessel that delivered the firearms and ammo to the island state, the guns and 500 rounds of ammunition were handed over.

The firearms will be used on “important national occasions such as the National Day,” according to Michael Rosette, chief of the Seychelles Defence Forces (SDF). Seychelles, an archipelago in the western Indian Ocean, also received a wave-rider boat, bringing the total number of wave-rider boats in the coast guard’s fleet to three.

Seychelles Coast Guard personnel have been taught to use the newest addition of radar technology to the fleet, which will aid in the island nation’s coastal surveillance. Suhag stated that India and Seychelles have a positive relationship with “many shared fields of concern,” such as terrorism and illegal and irregular fishing.

Military soldiers from the Seychelles and India participated in the 10-day Exercise ‘Lanmitye’ last month, in which they simulated counterinsurgency, counter-terrorism, and anti-piracy operations. Seychelles, an archipelago in the western Indian Ocean, has a long history of defense and security cooperation with India. Maritime security, anti-piracy operations, air surveillance, training, and capacity building are all part of this.

The Indian Ocean is critical to global trade, security, and geopolitics. From the Strait of Malacca and Australia’s western coast in the east to the Mozambique Channel in the west, the Indian Ocean is a large theater. It stretches from the Persian Gulf and the Arabian Sea in the north to the Indian Ocean in the south.

It is quickly establishing itself as the site of competition between India and China. China has used unjust and predatory economic tactics to achieve its geopolitical objectives in the region, most notably by acquiring access to military bases and critical ports.

Four nations in the IOR, namely Djibouti, Laos, Maldives, and Pakistan, are “exposed to above-average debt” to China, according to data from the Center for Global Development. When the Maldives, Pakistan, and Sri Lanka are viewed in the context of China’s acquisition and development of a military facility in Djibouti, it becomes evident that China is surrounding India in its backyard.

One of Narendra Modi’s first international tours after being elected Indian Prime Minister in 2014 was to Sri Lanka, the Seychelles, and Mauritius, where he launched a new “SAGAR” policy (Security and Growth for All in the Region). The Modi government’s goal was to boost India’s economic and political might, improve communication, and protect islands from a variety of security challenges, including climate change. It is also clearly trying to foster regional solidarity as a means of deterring China’s continued growth.

All this is part of India’s plan to counter China’s growing influence and power in the region. However, one must ask themselves what is Seychelles losing out in doing business with India?