19.4: “Nullum crimen, nulla poena sine lege” or the right to not be prosecuted or punished
on account of any charge or penalty which did not constitute an offence at the time
of the deed’ commission. The only exceptions to this fundamental principle of a
State of law are the offence of genocide and any other offence against humanity.
19. 5: "Ne bis in idem” or the right to not be neither prosecuted nor condemned twice
on the same charge for the same act.
19. 8: of the referred article: "[…] all proceedings of every court […] including the
announcement of the decision of the court or other authority, shall be held in public".
However, according to paragraph 9, the "hearings in Camera" or close court, are lawful
where publicity would prejudice the interest of: justice; defense; interlocutory
proceedings; public morality; safety; minor welfare and, the privacy of the accused.
19.11: Right to appeal: "Every person convicted of an offence shall be entitled to appeal in
accordance with the law against the conviction, sentence and any order made on the conviction".
19.13: The right to be compensated: "Every person convicted shall […] if it is subsequently
shown that there has been a serious miscarriage of justice, be entitled to be compensated by the State
according to law".
These rights are thereafter guaranteed by the subsidiary legislation:
Criminal Procedure Code, 1/02/1955. Laws of Seychelles 1996.
Section 169: "Except as otherwise expressly provided, all evidence taken in any inquiry or trial
under this code shall be taken in the presence of the accused, or, when his personal attendance has
been dispensed with, in the presence of his advocate".
Section 170.1: "Whenever any evidence is given in a language not understood by the accused, and
he is present in person, it shall be interpreted, to him in open court in a language understood by
him".
2: "If he appears by advocate and the evidence is given in a language other than
English, and not understood by the advocate it shall be interpreted to such advocate in English".
Section 181.1: "The substance of the charge or complaint shall be stated to the accused person by
the court, and he shall be asked whether he admits or denies the truth of the charge.