constituteproject.org PDF generated: 19 Feb 2021, 13:13 4. • Head of state immunity • Power to pardon Clauses (2) and (3) shall apply to a person who held office as President under any previous Constitution of Seychelles. 5. Where a person who has previously held office as President under this or a previous Constitution is elected to the office of President, the person shall not, while holding office as President, be entitled to receive the pension, gratuity or allowance payable under clause (2). 59. 1. Whilst any person holds, or discharges under article 55 or article 56 the functions of, the office of President no criminal proceedings shall be instituted or continued against the person in respect of anything done or omitted to be done by the person in either an official or private capacity and no civil proceedings shall be instituted or continued in respect of which relief is claimed against the person in respect anything done or omitted to be done in such private capacity. 2. Notwithstanding article 18(6) or article 19(1) or (7) or any other law, proceedings such as are referred to in clause (1) may be brought within three years of a person ceasing to hold or discharge the functions of the office of President unless the period prescribed by law for bringing the proceedings concerned had expired before the person assumed or commenced to discharge those functions. 60. 1. The President may, after obtaining the advice of the advisory committee appointed under article 61a. grant to any person convicted of any offence a pardon, either free or subject to lawful conditions; b. grant to any person a respite, either indefinite or for a specified period, of the execution of any punishment imposed on that person for any offence; c. substitute a less severe form of punishment for any punishment imposed on any person for any offence; or d. 2. 3. • Establishment of military courts 4. 5. Seychelles 1993 (rev. 2011) remit the whole or part of any punishment imposed on any person for any offence or of any penalty or forfeiture otherwise due to the Republic on account of any offence. Except as otherwise permitted by or under an Act, the exercise of the power conferred by clause (1) shall not be held out, offered or promised in advance of conviction. Nothing in this article shall prevent the establishment by an Act of systems of probation, parole or release on license, or any similar system. Any reference in this article to a conviction or the imposition of a punishment, penalty, sentence or forfeiture includes a reference to a conviction or the imposition of a punishment, penalty, sentence or forfeiture by a court martial or other military court. This article shall not apply in relation to any conviction by a court established under the law of a country other than Seychelles that has jurisdiction in Seychelles in pursuance of arrangement made between the Government of Seychelles and another government or an international organization relating to the presence in Seychelles of members of a disciplinary force of that other country or under the control of the international organization or in relation to any punishment imposed in respect of any such conviction or any penalty or forfeiture resulting from any such conviction. Page 30