3 Somali pirates arrested by Danes in 2012 acquitted in Seychelles. Lack of evidence
(BRUSSELS2) Court of Appeal of Seychelles just acquitted three pirates imprisoned in the Seychelles and ordered repatriation to their countries. The judgment rendered on Friday, December 12, thus overturns the judgment of the Supreme Court of Port-Victoria (*) which had sentenced two of them to sentences of 21 years and the third to 14 years (minor 16 years old) .
Insufficient evidence
In its judgment, the Court of Appeal emphasizes that the « insufficient evidence to prove they were actually pirates ". She also warns the prosecution of " s'ensure you have concrete evidence before to prosecute suspects », according to our colleagues from the Seychelles daily “Today”, taken up by the agency Seychelles news. Le “Principal State Counsel” David Esparon detailed this problem collection of evidence on the television channel, SBC. Crown « must rely on the testimony ofare guards ribs or crews of forces international naval ». Which is not always obvious. Lat Court appellate has moreover “ proposed amendments to the penal code on prosecution of pirates which should be examined by the attorney general »he said.
The three men were doing part of a group de Suspects arrested by ship Danish, Absalon (participant in the NATO operation Ocean Shield), near the Somali coast, on January 7, 2012, during an operation to free an Iranian dhow, the FV Tahiri (or Jelbut 40 according to the denomination used by international naval forces for unmarked dhows). 14 marine Iranians and pakistanais were then releaseds and 25 suspects arrested.
25 arrested, 8 handed over to justice
According to the B2 database, 17 of them had simply been disarmed and released by Danish forces. While 8 pirates delivered to justice after a race against time and significant efforts by Danish diplomacy to have them tried (Read: Iranian dhow pirates still aboard the Absalon). 4 were thus handed over to Kenya in February 2012 (Read: 4 suspects handed over to Kenya by Denmark) and 4 others in the Seychelles (Read: And 18 more suspects in the Seychelles). Note that the fourth somalia pirate on trial in Seychelles, dropped the call et repatriated to Puntland to purge la penalty of 21 years inflicted.
111 pirates transferred to Somalia, 41 days present in Seychelles
Since 2009, and the start of trials in the Seychelles, 111 somalia pirates inmates in jail of Seychelles have already been repatriated to Somalia, to the two renovated (or built) detention centers, with the help of UNODC (the United Nations Office united against drugs and crime) à Garowe (Puntland) or to Hargeisa (Somaliland).
41 Somali pirates were still detained at the prison of Mountain Asked, In the western part of themain island (including the 3 pirates tried on December 12), according to October statistics, mentioned by Seychelles news. 25 somalia pirates have already been sentenced and are pending transfer towards one of the two people prisons in puntland and Somaliland. 16 others are always in custody waiting for trial.
(Nicolas Gros-Verheyde)
(*) The names of the courts are sometimes misleading between Anglo-Saxon law and Latin law. The Supreme Court is rather the court of last instance in criminal matters. While the Court of Appeal is the highest court in the judicial hierarchy.