A letter from Alexia G. Amesbury
In view of recent events and disclosures as a result of the
Finance Public Account Committee FPAC, Seychelles finds itself is a position
of possible transnational corruption
which has in recent years been elevated to an international offence but in
practical terms it is not considered serious enough in order for heads of state
or cabinet members to be prosecuted in foreign jurisdictions. There is evidence
to suggest that, in certain cases, corruption may take the form of a crime against
humanity. This possibility extends significantly the jurisdictional ambit of
national courts and empowers the International Criminal Court to consider a
case. Moreover, the restorative component of such criminal prosecutions should
aim at restoring, through civil mechanisms, the funds illegally appropriated to
their rightful recipients, the defrauded local populations, under the principle
of self-determination.
The question is, can the actions of a past President, fall
into the category of Grand Corruption of kleptocrats, who have pillaged their
respective countries and their people of countless billions of dollars?
The Cambridge Dictionary defines kleptocracy as "a
society whose leaders make themselves rich and powerful by stealing from the
rest of the people.
Navanethem Pillay, former United Nations High Commissioner
for Human Rights, says: "Corruption, whether in the public or private
sectors, poses a critical threat to the enjoyment of human rights. It weakens
institutions, erodes public trust in government and impairs the ability of
states to fulfil their human rights obligations".
In the author’s view perpetrators should be tracked down and
prosecuted, their assets sold and the proceeds used to alleviate poverty, which
in Seychelles currently stands at 40%.
Combating corruption requires a strong, collective effort.
Corruption is not a way of life, it is a violation of human rights. It is a
crime against humanity and should be treated as such. Based on the revelations
of the investigation by the FPAC it is becoming increasingly clear that
legislation should be brought in, to create special courts and/or tribunals and
if need be special prosecutors to tackle the level of corruption that
Seychelles finds itself in, and that should be the first step towards
alleviating poverty if the Government is serious about attaining that goal.
Another question that
is widely discussed is that of immunity from prosecution of past presidents.
The answer is to be found in Article 59 (2) of the Constitution, which I quote
in full. “Not withstanding article 18(6) or article 19 (1) or (7) or any other
law, proceedings such as are referred to in paragraph 1 (the granting of
immunity from all criminal and civil claims of a sitting president) may be
brought within three years of a person ceasing to hold or discharge the
functions of the office of President unless the period prescribed by law for
bringing the proceedings concerned had expired before the person assumed or
commenced to discharge those functions.”
Alexia G. Amesbury
