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Seychelles decisions
Decisions matching the current search
Cushion v Commissioner of Police (CS 8/2021) [2021] SCSC 1054 (19 November 2021)
The Plaintiff's detention became unlawful from 28th January 2018 at 17:34 hours when the required review under section 100(1)(b) of the Criminal Procedure Code was not conducted. The Plaintiff is entitled to damages for the period of unlawful detention.
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Republic v Tangalam & Anor (FH 13/2020) [2020] SCSC 638 (19 October 2020)
The Supreme Court of Seychelles granted a limited police detention application, allowing 5 more days to investigate an alleged arson case.
Dine v Commissioner of Police (CS 13/2015) [2017] SCSC 49 (26 January 2017)
The arrest and detention of the Plaintiff were lawful under section 173A of the Penal Code. There is no constitutional or statutory right for an adult arrestee to immediate communication with an employer. The Commissioner of Police is not vicariously liable for the acts of police officers; such actions must be brought against the Government of Seychelles.
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Seychelles National Party & Ors v Government of Seychelles & Anor; Dhanjee v Michel & Anor (CS 3 of 2014) [2015] SCCC 2 (6 July 2015)
Numerous provisions of the Public Order Act, 2013 were found unconstitutional because they imposed restrictions on fundamental rights that were broader than strictly necessary in a democratic society, lacked sufficient safeguards, or granted excessive discretionary power to executive authorities, thereby violating the Constitution's supremacy, proportionality, and separation of powers requirements.
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Nourrice vs Government of Seychelles and another (CS 38.2012) [2013] SCSC 78 (31 October 2013)
The Supreme Court of Seychelles dismissed a claim for damages alleging unlawful arrest and detention, finding the police acted lawfully and without fault.
Ernesta v Commissioner of Police (CS 348/2001) [2002] SCSC 13 (7 October 2002)
The Commissioner of Police is not vicariously liable in a delictual action for acts of subordinate police officers; all police officers are employees of the State, not the Commissioner. The seizure of cassettes and CDs was conducted under valid search warrants based on reasonable suspicion and did not constitute an unlawful act under civil law.
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Derjacques v The Commissioner of Police (SCA 17 of 1995) [1996] SCCA 15 (29 February 1996)
The Seychelles Court of Appeal held that the appellant’s continued police detention became unlawful once release instructions were ignored, and awarded damages.
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