Morel v National Drugs Enforcement Agency & Ano (CP 11/2014) [2017] SCCC 2 (16 March 2017)
Court
Constitutional Court
Case number
CP 11/2014
The Constitutional Court held that acquittal on a ruling of no case to answer does not, by itself, render the prior arrest and detention unlawful. There was no declaration by the Supreme Court that the arrest or detention was unlawful, and the Constitutional Court lacks jurisdiction to make such a determination in the absence of a Supreme Court finding. All procedures for arrest, remand, and bail were followed according to law, and no constitutional violation was established. Therefore, the petitioner is not entitled to compensation under Article 18(10).
Denis v Ryland (CS 135/2012) [2016] SCSC 10 (15 January 2016)
Court
Supreme Court
Case number
CS 135/2012
The 1st defendant committed a faute by using excessive force and unlawfully arresting and detaining the plaintiff, causing moral harm. The 2nd defendant is vicariously liable as the 1st defendant acted in the course of employment. The 3rd defendant (Attorney General) is not liable as the Government was not sued. Damages are awarded for moral harm as claimed.
Nourrice vs Government of Seychelles and another (CS 38.2012) [2013] SCSC 78 (31 October 2013)
Court
Supreme Court
Case number
CS 38.2012
The Supreme Court of Seychelles dismissed a claim for damages alleging unlawful arrest and detention, finding the police acted lawfully and without fault.
Peter Antat v The Attorney general (Civil Side No: 46 of 1999) [2012] SCSC 29 (3 June 2012)
Court
Supreme Court
Case number
Civil Side No: 46 of 1999
The Supreme Court of Seychelles found the plaintiff had been unlawfully arrested, detained, and tortured by SPDF soldiers and awarded SR80,000 plus interest and costs.
Jeannevol v Government of Seychelles (Civil Side No. 285 of 2002) [2011] SCSC 6 (19 January 2011)
Court
Supreme Court
Case number
Civil Side No. 285 of 2002
The Supreme Court of Seychelles held the Government vicariously liable for an unlawful arrest and assault by SPDF soldiers, awarding the plaintiff damages and costs.
Aglae v Attorney General (278 of 2009) [2010] SCSC 94 (29 September 2010)
Court
Supreme Court
Case number
278 of 2009
The plaintiff's arrest and detention were unlawful and unconstitutional as there was no justification or communication of reasons, entitling him to moral damages for the invasion of his rights.
Savy v Attorney-General (CS 371/2008) [2010] SCSC 73 (19 March 2010)
Court
Supreme Court
Case number
CS 371/2008
The plaintiff was unlawfully arrested and detained by police officers acting as agents of the Government of Seychelles, with no lawful justification or official record, constituting a fault under article 1382 of the Civil Code and a violation of constitutional rights, entitling the plaintiff to damages.
Ramkalawan and Others v Government of Seychelles (459 of 2006) [2009] SCSC 59 (19 November 2009)
Court
Supreme Court
Case number
459 of 2006
The Seychelles Supreme Court awarded damages to 13 plaintiffs injured, arrested, or detained by police during events outside the National Assembly in October 2006.