The Montagne Posée Prison Commission of Inquiry has been established in Seychelles, according to a notice published in the Official Gazette. The Montagne Posée Prison Commission of Inquiry will examine an incident at Montagne Posée Prison from 6 to 7 December 2024.
The incident resulted in the deaths of two prisoners, Francis Ernesta and Jerry Mathiot. The incident also caused physical injuries to several other prisoners.
President Dr Patrick Herminie issued the instrument under the Commission of Inquiry Act.
“It is in the public interest, and essential for the administration of justice, the maintenance of the rule of law, and the protection of human rights, that a full, independent, and impartial investigation be conducted,” the instrument states.
The Montagne Posée Prison Commission of Inquiry consists of Hon. Justice Alfred Mavedzenge as chairman, Hon. Judge Melchior Vidot and Mr Vic Tirant.
The terms of reference require the Montagne Posée Prison Commission of Inquiry to establish the facts and chronology of the incident. The Commission must determine whether a riot, disturbance or planned action occurred. The Commission must also investigate the causes, nature and extent of any such event. The Commission must identify any grievances of prisoners that may have contributed.
The Commission must investigate the response of the Prison Authorities, the Seychelles Police Force and the Seychelles Defence Forces. The Commission must evaluate whether the response was reasonable, necessary and proportionate. The Commission must ascertain the chain of command from the initial report to the resolution of the incident. The Commission must identify all persons responsible for giving orders. The Commission must also identify the specific orders given at each stage.
The Commission must determine what types of weapons, ammunition and non-lethal equipment were authorised and used. The Commission must investigate the type, degree and circumstances of physical force used against prisoners. The Commission must establish the circumstances in which Francis Ernesta and Jerry Mathiot died. The Commission must also establish how other prisoners were assaulted, shot or otherwise injured.
The Commission must identify the individuals involved in dealing with the incident, from the highest levels of command to officers on the ground. The Commission must determine the highest authority involved in authorising and overseeing the response.
The Commission must consider whether there was any violation of human rights, including the right not to be subjected to torture, cruel, inhuman or degrading treatment or punishment. The Commission must also consider whether any actions or omissions may constitute criminal offences, disciplinary breaches or other misconduct. The Commission must recommend referral to relevant authorities where appropriate.
The Commission must assess the adequacy of existing protocols, rules of engagement and training for managing serious disturbances in custodial facilities. The Commission may also consider any other relevant matters necessary to investigate the incident and its causes and consequences.
The Commission has powers to summon persons to give evidence or produce documents. The Commission may examine witnesses on oath, affirmation or declaration. The Commission may receive evidence by affidavit or administer interrogatories. The Commission may also require the production of relevant documents or information. The Commission may appoint experts to assist in its work.
Proceedings will be held in public. However, the Commission may hold certain proceedings in camera for reasons of national security, the protection of witnesses or the administration of justice.
“The Commission shall… have all the powers conferred upon a Commission by the Commission of Inquiry Act,” the instrument states.
The Commission must submit a final written report to the President. The report must include findings of fact, conclusions and recommendations. The Commission must submit the report within six months from the date of its first sitting. The President may authorise a further period upon request.
The instrument was signed and sealed on 23 March 2026.