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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 were 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.
• International organizations
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.
44. 1. A law made in relation to a disciplinary force of Seychelles may, in so far as it is
necessary in a democratic society, provide for the derogation against the
provisions of the Charter, other than articles 15, 16, and 17.
2. A law of a country other than Seychelles whose disciplinary force is lawfully in
Seychelles in pursuance of arrangements made between the Government of
Seychelles and another government or an international organization shall, in so
far as the law applies to the disciplinary force, not be held to be inconsistent or in
contravention of the provisions of the Charter.
3. A law which authorises the taking of any measure against a member of a
disciplinary force of a country with which Seychelles is at war shall not be held to
be inconsistent with the Charter.
4. A law referred to in clause (3) shall not provide for the doing of anything which
constitutes the crime of genocide or a crime against humanity.
PART IV: REMEDIES
45. This Chapter shall not be interpreted so as to confer on any person or group the
right to engage in any activity aimed at the suppression of a right or freedom
contained in the Charter.
46. 1. A person who claims that a provision of this Charter has been or is likely to be
contravened in relation to the person by any law, act or omission may, subject to
this article, apply to the Constitutional Court for redress.
2. An application under clause (1) may, where the Constitutional Court is satisfied
that the person whose right or freedom has been or is likely to be contravened is
unable to do so, be made by another person acting on behalf of that person, with
or without that person's authority.
3.
Seychelles 1993 (rev. 2011)
The Constitutional Court may decline to entertain an application under clause
(1) where the Court is satisfied that the applicant has obtained redress for the
contravention under any law and where the applicant has obtained redress in
the Constitutional Court for any matter for which an application may be made
under clause (1), a court shall not entertain any application for redress for such
matter except on appeal from a decision of such court.
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