Communication 374/08- Morin Family (Represented by Small Island Institute) v.
Seychelles
Summary of Facts
1. The Complaint was received by the Secretariat of the Commission on 17 April
2009, by Small Island Institute ( the Complainant) on behalf of Mr. Cherubin
Morin and his Son Mr. Jean-Pierre Morin ( the Morin Family), against the
government of the Republic of Seychelles.
2. The Complainant allege that the Morin Family have been the target of
government persecution and intimidation as a result of which an Enforcement
Notice was issued on the order of a certain Minister Morgan, to demolish their
pig and poultry farm, notwithstanding:
(i)
(ii)
that their farms have been confirmed by relevant authorities as
meeting all environmental, health and safety requirements; and
the provision of the law that the planning permission which they
are accused of not having may be issued to them retroactively if
they satisfy all requisite requirements.
3. The Complainant further alleges that the Morin Family have unsuccessfully
appealed against the Enforcement Notice and that the judge who sentenced Mr.
Morin to two years imprisonment for punching a man who threatened his son
and also heard the case of the compulsory acquisition of his property in Market
Street is the same judge who decided to hear the Planning Authority case against
the Morin family, denying the application of the Morin’s lawyer that it should be
passed to another judge, because of the two previous cases which were heard by
him.
4. The Complainant avers that the Morin family have reached the end of the legal
process and is faced with the possibility of seeing their lifelong hard investment
reduced to rubble.
5. The Complainant further avers that the farm is an important part of national
food production and its demolition would cause serious consequences not only
to the Morins but to the Seychellois people.
Procedure