Republic v Ali Abshir Nuur & Ors [2015] SCSC 73 (SC CR NO. 73 /2013) [2015] SCSC 68 (13 March 2015)

Republic v Ali Abshir Nuur & Ors [2015] SCSC 73 (SC CR NO. 73 /2013) [2015] SCSC 68 (13 March 2015)

The court found that the accused voluntarily participated in operating a pirate ship, and circumstantial evidence including GPS data, absence of fishing gear, and proximity to attacked vessels proved beyond reasonable doubt their guilt on all counts of piracy. The Seychelles court had jurisdiction as the acts occurred on the high seas and in the EEZ, which is outside the jurisdiction of any state for piracy purposes.

Citation
[2015] SCSC 68
Parties
Prosecutor: The Republic; Accused: Ali Abshir Nuur; Accused: Hassan Tahliil Ahmed; Accused: Farah Abdullahi Ali; Accused: Mohamed Abdullahi Mohamed; Accused: Abdishakur Yahye Kheyre; Accused: Mohamed Bashir Mohamed; Accused: Hassan Siyat Farah; Accused: Abdiqadar Abdi Salan; Accused: Adan Abdullahi Barise
Court
Supreme Court
Jurisdiction
Seychelles
Judgment Date
13 March 2015
Case Number
SC CR NO. 73 /2013
Procedural Posture
Criminal / Judgment
Outcome
conviction
Legal Topics
Piracy, Universal Jurisdiction, Evidence (circumstantial and Direct), Jurisdiction in EEZ
Source Language
English
Criminal Law Maritime Law Piracy Universal Jurisdiction Evidence (circumstantial and Direct) Jurisdiction in EEZ

Case Brief

Summary, issues, holding and outcome

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Parties

The Republic

Prosecutor

Ali Abshir Nuur

Accused

Hassan Tahliil Ahmed

Accused

Farah Abdullahi Ali

Accused

Mohamed Abdullahi Mohamed

Accused

Abdishakur Yahye Kheyre

Accused

Mohamed Bashir Mohamed

Accused

Hassan Siyat Farah

Accused

Abdiqadar Abdi Salan

Accused

Adan Abdullahi Barise

Accused

Procedural Posture

Criminal / Judgment

Legal Issues

  1. 1 Whether the accused committed acts of piracy under section 65 of the Penal Code
  2. 2 Whether the whaler was operated as a pirate ship
  3. 3 Whether the Seychelles court had jurisdiction over acts in the EEZ

Ratio Decidendi

The court found that the accused voluntarily participated in operating a pirate ship, and circumstantial evidence including GPS data, absence of fishing gear, and proximity to attacked vessels proved beyond reasonable doubt their guilt on all counts of piracy. The Seychelles court had jurisdiction as the acts occurred on the high seas and in the EEZ, which is outside the jurisdiction of any state for piracy purposes.

Court Disposition

conviction

Orders

  • All nine accused found guilty on all three counts of piracy and convicted.