The independence of the courts is crucial in determining whether a fair trial is to be
conducted. A Court shall follow only prescribed legal dispositions (the Law) as this
avoids discriminatory practices, unfairness etc.
The right to a fair trial and the independence of the Courts are together elements of
an important aspect in human life: justice.
Therefore the independence of the courts unavoidably relates to the right to a fair
trial, referred to in Article 7 of the ACHPR, and Article 19 of the Seychelles’
Constitution.
In Seychelles such independence is not only attributable to the courts but also to any
kind of collegiate body or authorities appointed to hear and resolve all kind of
claims, such as the National Assembly, the Ombudsman, the Electoral
Commissioner, the Auditor-General, The Public Service Appeal Board and other
Tribunals.
The principles of independence and impartiality are always prescribed under legal
dispositions which provide that any of these bodies or authorities shall not be subject
to the direction or control of any person or authority in the performance of their
functions.
Part V
Duties
It is the duty of every person to respect the rights of others. Rights and duties can
not be considered as self-existent categories apart from each other and from human
behavior in general, therefore the only possible way to guarantee human rights is the
establishment of duties also. For example the right to life is an extension of the duty
(or obligation) of not to kill, the right to liberty is enshrined by the prohibition of
unlawfully confining someone, the right against discrimination is the duty not to
discriminate, the right of the children to be maintained, raised and educated by their
parents is at the same time the duty of every parent towards their children, etc.