43

Article 43 1. This Article shall apply during any period of public emergency. 2. Notwithstanding this Chapter but subject to clause (3), a law may provide for the taking during a period of public emergency of such measures. as are strictly required to meet the exigencies of the situation. 3. A law referred to in clause (2) shall not provide for the taking of measures that are inconsistent with Article s 15, 16, 17, 18(3), 19(2) to (6) and (11), 21 and 27. 4. Where a law referred to in clause (2) provides for the detention of persons provision shall be made in the law - a. that, as soon as is reasonably practicable and in any case not more than seven days after the commencement of the detention, the person detained shall be furnished with a statement in writing, in, as far as practicable a language that the person understands, specifying in detail the grounds upon which the person is detained; b. that not more than seven days after the commencement of the detention, a notice shall be published in the Gazette and a local daily newspaper of wide circulation in Seychelles stating the name of the person detained and the particulars of the law under which the detention was made; c. that not more than a month after the detention and thereafter at intervals of not more than three months the detention of the person shall be reviewed by an independent and impartial tribunal appointed by the President from candidates proposed by the Constitutional Appointments Authority for this purpose; d. that the person detained shall be entitled to choose and be afforded reasonable facilities to consult a legal practitioner, to appear, in person or through the legal practitioner, before the tribunal, and that where the law so provides the services of the legal practitioner shall be at public expense; e. that the person detained shall be released forthwith if the tribunal reviewing the detention is satisfied that it is not reasonably necessary or expedient for the purpose of the emergency to continue with the detention; f. where the tribunal reviewing the detention of a person does not order the release of the person the tribunal may make recommendation to the authority detaining the person concerning the necessity or expediency of continuing with the detention and a copy of the recommendation shall be served on the person detained. 5. A tribunal appointed under clause (4) (c) shall have a Judge as chairman.