Fanchette v Attorney-general (CP 2 of 2006) [2011] SCCC 10 (29 March 2011)

Fanchette v Attorney-general (CP 2 of 2006) [2011] SCCC 10 (29 March 2011)

The petitioner's detention for more than 24 hours without being brought before a court, failure to inform him of his right to counsel and the reasons for his arrest, and the inhumane conditions of detention constituted contraventions of his constitutional rights to liberty, counsel, and dignity.

Citation
[2011] SCCC 10
Parties
Petitioner: Fanchette; Respondent: Attorney-General
Court
Constitutional Court
Jurisdiction
Seychelles
Judgment Date
29 March 2011
Case Number
CP 2 of 2006
Procedural Posture
Constitutional Petition / Judgment
Outcome
petition allowed
Legal Topics
Right to Liberty, Right to Counsel, Right to Dignity, Unlawful Detention, Police Conduct
Source Language
English
Constitutional Law Human Rights Law Right to Liberty Right to Counsel Right to Dignity Unlawful Detention Police Conduct

Case Brief

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Parties

Fanchette

Petitioner

Attorney-General

Respondent

Procedural Posture

Constitutional Petition / Judgment

Legal Issues

  1. 1 Whether the petitioner's right to liberty under the Constitution was contravened by detention in excess of 24 hours without court authorization
  2. 2 Whether the petitioner was informed of his right to counsel and the reasons for his arrest and detention
  3. 3 Whether the conditions of detention amounted to a contravention of the right to dignity

Ratio Decidendi

The petitioner's detention for more than 24 hours without being brought before a court, failure to inform him of his right to counsel and the reasons for his arrest, and the inhumane conditions of detention constituted contraventions of his constitutional rights to liberty, counsel, and dignity.

Court Disposition

petition allowed

Orders

  • Declaration that the petitioner's right to liberty was contravened and his detention unconstitutional
  • Declaration that the petitioner's rights to counsel and to be informed of his arrest and detention were contravened