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Viewing cable 10PORTLOUIS47, SEYCHELLES COURT FOR REGIONAL PIRACY PROSECUTION

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Reference ID Created Released Classification Origin
10PORTLOUIS47 2010-02-17 12:37 2011-08-24 01:00 UNCLASSIFIED Embassy Port Louis
VZCZCXRO5631
RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHPL #0047 0481237
ZNR UUUUU ZZH
R 171237Z FEB 10
FM AMEMBASSY PORT LOUIS
TO RUEHC/SECSTATE WASHDC 4985
INFO RUCNSAD/SOUTHERN AF DEVELOPMENT COMMUNITY COLLECTIVE
RUEHDJ/AMEMBASSY DJIBOUTI 0010
RUEHNR/AMEMBASSY NAIROBI 0013
RHMFISS/HQ USAFRICOM STUTTGART GE
RHPIGXW/CJTF HOA
UNCLAS PORT LOUIS 000047 
 
SIPDIS 
 
S/P FOR PHARRELL; L FOR JLANDSIDLE 
 
E.O. 12958: N/A 
TAGS: PREL PGOV KPIR EWWT PBTS SE SO
SUBJECT: SEYCHELLES COURT FOR REGIONAL PIRACY PROSECUTION 
 
REF: PORT LOUIS 00043 
 
1. Elements of the Seychelles government have begun 
discussions with UN Working Group II (led by Thomas Winkler) 
regarding the possibility of establishing in Seychelles a 
regional court for the prosecution of piracy.  Cabinet 
officials have raised the issue in public, indicating that 
the government would in principle be receptive to the 
proposal, with the caveat that any Somali pirates convicted 
by the court would be required to serve their sentences in 
prisons outside Seychelles (preferably in Somalia). 
 
2.  A proposed amendment to the Seychelles Penal Code 
(reftel) will facilitate piracy prosecutions under Seychelles 
law.  The new court building (under construction by the 
Chinese and scheduled for completion by June, 2011) would 
provide an ideal venue for the proposed regional court.  In 
addition, Commonwealth countries may provide judges to other 
Commonwealth states through a simple swearing-in process, 
thus allowing countries such as Mauritius, India, Uganda or 
Canada to provide judges for a regional court in Seychelles 
(thereby resolving "manpower" or expertise problems). 
 
3. The sticking point, however, remains the absence at the 
moment of any mechanism for transferring convicted pirates to 
prisons outside Seychelles.  UNODC is helping finance a 
prison in Somaliland and a prison in Puntland, facilities 
that may be available in 6-12 months. 
 
4. In order to house suspected pirates before and during 
trial, UNODC and the EU had proposed building a 40-bed 
maximum security wing at the prison in Seychelles.  That plan 
is currently under review.  A new plan suggests converting 
the women's wing at the prison into a maximum security area 
and building minimum security bungalows for the women (this 
plan would be both cheaper and quicker). 
 
5. COMMENT: If this regional court for the prosecution of 
piracy is to become a reality, mechanisms for the transfer of 
convicted Somali pirates to prisons outside Seychelles (and 
ideally in parts of Somalia) are crucial.  The simple fact is 
that no country in the region (and particularly Seychelles) 
wishes to be stuck housing convicted Somali pirates for 
thirty years. 
WALKLEY