OCTOBER 3rd INCIDENT: Court ruling another landmark for democracy
No money can be sufficient compensation for citizens being assaulted on the orders of their own Government sworn to protect their rights and the forces of law and order sworn to defend them.
Wavel Ramkalawan and Jean Francois Ferrari
The Seychelles National Party (SNP) considers that the damages awarded by the Supreme Court to victims of the police assaults on October 3, 2009 at the National Assembly building are meaningful not in how much is awarded but because it is an important milestone in the protection of constitutional rights in Seychelles.
The Court ruling has put on record the culpability of the Executive authorities and the police in using brutal force against the SNP leaders, party members and members of the public engaged in a simple political activity such as gathering to sign a petition.
Thirteen persons were awarded damages ranging from R75,000 to R30,000. They are Wavel Ramkalawan, Roger Mancienne, Jean-François Ferrari, Colin Dyer, Gerald Julie, Jane Carpin, Kenneth Pillay, Rebecca Pool, Laurina Antat, Patrick Naidoo, Bernard Henriette, Alph Accouche and Gilbert Elisa.
The SNP makes no distinction between its officials, supporters or those were simply in the vicinity and unconnected to any political activity. It believes that all persons have the right to protection under the law. However, in its ruling for damages, the Supreme Court has emphasized that persons holding elected office such as Members of the National Assembly or discharging the responsibility of a political leader must be accorded an even greater degree of protection from unlawful police actions such as assault or unlawful arrest.
The SNP hopes that the ruling will first and foremost help to prevent such cases occurring in the future.
The SNP considers that it is very important that the issue of damages has been settled by the Court rather than by negotiations with the Office of the Attorney General as was proposed.
The Court ruling will remain on record and will be a significant influence in future cases if they should arise. The SNP is very proud to have set another landmark in the history of Seychelles, in particular one that advances the process of democracy in our country.
Source: Regar 11-27-09