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3 Somali pirates arrested by Danes in 2012 acquitted in Seychelles. Lack of evidence

(BRUSSELS2) Court of Appeal of Seychelles just paid three pirates imprisoned in the Seychelles and ordered repatriation to their countries. The judgment delivered on Friday, December 12, thus overturns the judgment of the Supreme Court of Port-Victoria (*) which had sentenced two of them to 21-year sentences and the third to 14 years (minor aged 16) .

Insufficient evidence

In its judgment, the Court of Appeal points out that the « insufficient evidence to prove that they were actually pirates ". She also warns the prosecution of " s'make sure to have concrete evidence before to prosecute suspects “, according to our colleagues from the Seychellois 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. Iat Court appellate moreover has " proposed amendments to the penal code on prosecution of hackers who should be investigated by the Attorney General”he said.

On trial for the attack on an Iranian dhow

The three men were doing part of a group de Suspects arrested by ship Danish, Absalon (a stakeholder in the NATO operation Ocean Shield), near the Somali coast, on January 7, 2012, during an Iranian dhow release operation, 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 bring them to justice (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, in the two detention centers renovated (or built), 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 statistics from October, mentioned by Seychelles news. 25 somalia pirates have already been sentenced and are pending transfer towards one of 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.

Nicolas Gros Verheyde

Chief editor of the B2 site. Graduated in European law from the University of Paris I Pantheon Sorbonne and listener to the 65th session of the IHEDN (Institut des Hautes Etudes de la Défense Nationale. Journalist since 1989, founded B2 - Bruxelles2 in 2008. EU/NATO correspondent in Brussels for Sud-Ouest (previously West-France and France-Soir).

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