December 22, 2006

Who is Agnelle Francourt and why did she escape from police custody?

Agnelle FrancourtAgnelle Francourt is a 26 year old girl who used to work for Air Seychelles as an Air Stewardess.  She was arrested earlier this year by the police and charged with drug related offences.

The police claimed that she escaped from custody in April this year at English River Clinic after she had requested permission to go to the toilet.

She was found and arrested again in September this year and remanded in custody at Anse Etoile Police Station.  Her lawyers then made an application for her to be released on bail on medical grounds.

Doctor Felix was called as a witness to testify on her behalf. Doctor Felix gave expert medical evidence that Miss. Francourt was sick and needed medical treatment.  He further testified that Agnelle can be treated whilst in police custody although this was not advisable.

Based on Doctor Felix’s evidence, the Supreme Court refused the application for bail and ordered detention at the dreaded Montagne Posee Prison.

She appeared before the Courts again on the Thursday 14th December and complained to the Judge about her treatment and condition of her detention at Montagne Poseee prison which she described as “atrocious”.

The Judge then made an order that her lawyer prepares a proper motion and affidavit and to come back before the Supreme Court on the 20th December 2006.

The Judge further ordered that Agnelle be kept at Anse Etoile Police Station to allow her attorney to have access to her for the preparation of the motion and affidavit.  She then escaped from police custody and has been on the run ever since.

This paper has called on the Government to carry out an investigation into conditions and treatment of prisoners at Montagne Posee prison after receiving several complaints from the detainees there.

However nothing has been done about it and Agnelle is the fourth person to escape this year alone.  Although she is yet to be convicted of any offence, she claimed that she was being treated the same and sometimes worse than convicted prisoners.

Her lawyer stated that he was in the process of preparing papers to be filed before the Constitutional Court on her behalf claiming a violation of her basic human rights by the Prison Authorities when she escaped.

It is hoped that the Government will now introduce legislations to distinguish treatment and regulation applicable to convicted prisoners and remand prisoners who is yet to be convicted of any offence and who benefits from the presumption of innocence under the constitution.

Remand prisoners are normally kept in confinement to ensure that they attend court and do not abscond.  They should therefore be treated as free persons with their basic human rights and privileges respected at all times.  They should be kept separately from convicted prisoners in a remand centre and accorded privileges such as access to books, magazines, library, church, radio, television and three meals a day.  They should also be able to receive visits from their family, relatives and friends.  Female remand prisoners should be allowed to have access to shampoo, conditioner body cream, snacks and item of clothing from their family.  These privileges are currently not accorded to the remand prisoners who are kept in permanent confinement in a cell with meals being served in their cells.

Rehabilitation is non-existent and prisoners tend to re-offend when released from prison.  The prisoners should be allowed to train in a trade of their choice and embark on an educational or professional programme whilst in custody.  They should be able to have access to computers and library and be subjected to a rigid rehabilitation programme to ensure that they become productive and integrated members of society when they are released from prison, instead of having the propensity to re-offend again.

Copyright 2006: Seychelles Weekly, Victoria, Mahe, Seychelles