Exchange of Letters between the European Union and the Republic of Seychelles on the Conditions 
and Modalities for the Transfer of Suspected Pirates and Armed Robbers from EUNAVFOR to the 
Republic of Seychelles and for their Treatment after such Transfer  
A. Letter from the Republic of Seychelles  
Your Excellency,  
Reference is made to the working session held in Seychelles on the 18th and 19th August 2009 to discuss 
the EU Agreements on Piracy and Armed Robbery which involved the participation of representatives of the 
EU, the members of the Seychelles High Level Committee and other related institutions and to our 
subsequent letter of August 21, 2009.  
In the course of the working session, the concerns of the different related institutions on the transfer of 
suspected pirates and armed robbers were tabled. The  ‘Guidance for the Transfer of Suspected pirates, armed 
robbers and seized property to Seychelles’  prepared by the Attorney General of the Republic of Seychelles, which 
is intended to ensure that any transfer of persons suspected of acts of piracy and armed robbery is done in 
accordance with the laws of Seychelles was approved in principle. It was also agreed that the Implementing 
Arrangements (which clarifies Article 10 of the proposed Transfer Agreement) could be agreed upon after 
the proposed Transfer Agreement has been finalised and that a common Guidance on the handover of 
suspected pirates, armed robbers and seized property is prepared. Furthermore, that the Republic of 
Seychelles will be provided with the necessary assistance for the detention, maintenance, investigation, 
prosecution trial and repatriation of the suspected pirates and armed robbers.  
Following the working session and our letter, further discussions have taken place within the High Level 
Committee on the transfer of suspected pirates and armed robbers to the territory of the Republic of 
Seychelles.  
The Government of the Republic of Seychelles would like to take this opportunity to renew its reassurance 
to the EU of its commitment to cooperate to its fullest possible extent, having regard to its available 
resources and infrastructure capacities, in the repression of piracy to accept the transfer of captured 
suspected pirates and armed robbers.  
At the same time, the Government of the Republic of Seychelles would like to express its desire that the EU 
SOFA be signed as discussions continue on the proposed EU Transfer Agreement.  
In view of ongoing negotiations and pending conclusion of a mutually acceptable arrangement between the 
EU and the Government of the Republic of Seychelles on the transfer of pirates and armed robbers to its 
territory, the Government of the Republic of Seychelles may authorize the EUNAVFOR to transfer suspected 
pirates and armed robbers captured in the course of its operations in the exclusive economic zone, terri ­
torial sea, archipelagic waters and internal waters of the Republic of Seychelles. This authorization is 
extended to the protection of Seychelles flagged vessels and Seychellois Citizens on a non-Seychelles 
flagged vessel beyond the limit aforementioned and in other circumstances on the high seas at the discretion 
of the Republic of the Seychelles.  
Provided always that:  
— The EU, aware of the limited capacities of the Republic of Seychelles to accept, try, detain and incar ­
cerate suspected pirates and armed robbers and in consideration of the acceptance by the Republic of 
Seychelles of the transfer of any suspected pirates and armed robbers to its territory, shall provide the 
Republic of Seychelles with such full financial, human resource, material, logistical and infrastructural 
assistance for the detention, incarceration maintenance, investigation, prosecution, trial and repatriation 
of the suspected or convicted pirates and armed robbers;  
— The Attorney General shall have at least 10 days from the date of transfer of the suspected pirates or 
armed robbers to decide on the sufficiency of the available evidence in view of prosecution,EN 2.12.2009 Official Journal of the European Union L 315/37
— In the event that the Attorney General decides that there is insufficient evidence to prosecute, the 
EUNAVFOR shall take the full responsibility, including the financial costs, of transferring the 
suspected pirates and armed robbers back to their country of origin within 10 days of EUNAVFOR 
having been notified of such a decision;  
— Any transfer of suspected pirates and armed robbers shall as far as possible be in accordance with the 
‘Guidance for the Transfer of Suspected pirates, armed robbers and seized property to Seychelles’ , 
— The Government of the Republic of the Seychelles also confirms that:  
— Any transferred person will be treated humanely and will not be subjected to torture or cruel, 
inhuman or degrading treatment or punishment, will receive adequate accommodation and nour ­
ishment, access to medical treatment and will be able to carry out religious observance.  
— Any transferred person will be brought promptly before a judge or other officer authorised by law to 
exercise judicial power, who will decide without delay on the lawfulness of his detention and will 
order his release if the detention is not lawful,  
— Any transferred person will be entitled to trial within a reasonable time or to release,  
— In the determination of any criminal charge against him, any transferred person will be entitled to a 
fair and public hearing by a competent, independent and impartial tribunal established by law,  
— Any transferred person charged with a criminal offence will be presumed innocent until proved 
guilty according to law,  
— In the determination of any criminal charge against him, every transferred person will be entitled to 
the following minimum guarantees, in full equality:  
(1) to be informed promptly and in detail in a language which he understands of the nature of the 
charge against him;  
(2) to have adequate time and facilities for the preparation of his defence and to communicate with 
counsel of his own choice;  
(3) to defend himself in person or through legal assistance of his own choice; to be informed, if he 
does not have legal assistance, of this right; and to have legal assistance assigned to him, in any 
case where the interests of justice so require, and without payment by him in any such case if he 
does not have sufficient means to pay for it;  
(4) to examine, or have examined, all evidence against him, including affidavits of witnesses who 
conducted the arrest, and to obtain the attendance and examination of witnesses on his behalf 
under the same conditions as witnesses against him;  
(5) to have the free assistance of an interpreter if he cannot understand or speak the language used 
in court;  
(6) not to be compelled to testify against himself or to confess guilt.  
— Any transferred person convicted of a crime will be permitted to have the right to have its 
conviction and sentence reviewed by or appealed to a higher tribunal in accordance with the law 
of the Seychelles,  
— The Seychelles will not transfer any transferred person to any other State without prior written 
consent from EUNAVFOR,EN L 315/38 Official Journal of the European Union 2.12.2009
This arrangement has been discussed and agreed by the Seychelles authorities. The arrangements proposed 
herewith may come into force when the European Union indicates its agreement in writing.  
Yours Sincerely,  
Mr J. Morgan  
THE MINISTER  
Chairman of the High Level Committee of PiracyEN 2.12.2009 Official Journal of the European Union L 315/39
B. Letter from the European Union  
Your Excellency,  
I have the honour to acknowledge receipt of your letter dated 29 September 2009 regarding the conditions 
and modalities for the transfer of suspected pirates and armed robbers from EUNAVFOR to the Republic of 
Seychelles and for their treatment after such transfer, which reads as follows:  
‘Reference is made to the working session held in Seychelles on August 18 and 19, 2009 to discuss the 
EU Agreements on Piracy and Armed Robbery which involved the participation of representatives of 
the EU, the members of the Seychelles High Level Committee and other related institutions and to our 
subsequent letter of August 21, 2009.  
In the course of the working session, the concerns of the different related institutions on the transfer of 
suspected pirates and armed robbers were tabled. The  “Guidance for the Transfer of Suspected pirates, armed 
robbers and seized property to Seychelles”  prepared by the Attorney General of the Republic of Seychelles, 
which is intended to ensure that any transfer of persons suspected of acts of piracy and armed robbery 
is done in accordance with the laws of Seychelles was approved in principle. It was also agreed that the 
Implementing Arrangements (which clarifies Article 10 of the proposed Transfer Agreement) could be 
agreed upon after the proposed Transfer Agreement has been finalised and that a common Guidance 
on the handover of suspected pirates, armed robbers and seized property is prepared. Furthermore, that 
the Republic of Seychelles will be provided with the necessary assistance for the detention, main ­
tenance, investigation, prosecution trial and repatriation of the suspected pirates and armed robbers.  
Following the working session and our letter, further discussions have taken place within the High 
Level Committee on the transfer of suspected pirates and armed robbers to the territory of the 
Republic of Seychelles.  
The Government of the Republic of Seychelles would like to take this opportunity to renew its 
reassurance to the EU of its commitment to cooperate to its fullest possible extent, having regard 
to its available resources and infrastructure capacities, in the repression of piracy to accept the transfer 
of captured suspected pirates and armed robbers.  
At the same time, the Government of the Republic of Seychelles would like to express its desire that 
the EU SOFA be signed as discussions continue on the proposed EU Transfer Agreement.  
In view of ongoing negotiations and pending conclusion of a mutually acceptable arrangement 
between the EU and the Government of the Republic of Seychelles on the transfer of pirates and 
armed robbers to its territory, the Government of the Republic of Seychelles may authorize the 
EUNAVFOR to transfer suspected pirates and armed robbers captured in the course of its operations 
in the exclusive economic zone, territorial sea, archipelagic waters and internal waters of the Republic 
of Seychelles. This authorization is extended to the protection of Seychelles flagged vessels and 
Seychellois Citizens on a non-Seychelles flagged vessel beyond the limit aforementioned and in 
other circumstances on the high seas at the discretion of the Republic of the Seychelles.  
Provided always that:  
— The EU, aware of the limited capacities of the Republic of Seychelles to accept, try, detain and 
incarcerate suspected pirates and armed robbers and in consideration of the acceptance by the 
Republic of Seychelles of the transfer of any suspected pirates and armed robbers to its territory, 
shall provide the Republic of Seychelles with such full financial, human resource, material, logistical 
and infrastructural assistance for the detention, incarceration maintenance, investigation, pros ­
ecution, trial and repatriation of the suspected or convicted pirates and armed robbers;  
— The Attorney General shall have at least 10 days from the date of transfer of the suspected pirates 
or armed robbers to decide on the sufficiency of the available evidence in view of prosecution,EN L 315/40 Official Journal of the European Union 2.12.2009
— In the event that the Attorney General decides that there is insufficient evidence to prosecute, the 
EUNAVFOR shall take the full responsibility, including the financial costs, of transferring the 
suspected pirates and armed robbers back to their country of origin within 10 days of 
EUNAVFOR having been notified of such a decision;  
— Any transfer of suspected pirates and armed robbers shall as far as possible be in accordance with 
the “ Guidance for the Transfer of Suspected pirates, armed robbers and seized property to Seychelles ”, 
— The Government of the Republic of the Seychelles also confirms that:  
— Any transferred person will be treated humanely and will not be subjected to torture or cruel, 
inhuman or degrading treatment or punishment, will receive adequate accommodation and 
nourishment, access to medical treatment and will be able to carry out religious observance.  
— Any transferred person will be brought promptly before a judge or other officer authorised by 
law to exercise judicial power, who will decide without delay on the lawfulness of his detention 
and will order his release if the detention is not lawful,  
— Any transferred person will be entitled to trial within a reasonable time or to release,  
— In the determination of any criminal charge against him, any transferred person will be entitled 
to a fair and public hearing by a competent, independent and impartial tribunal established by 
law,  
— Any transferred person charged with a criminal offence will be presumed innocent until proved 
guilty according to law,  
— In the determination of any criminal charge against him, every transferred person will be 
entitled to the following minimum guarantees, in full equality:  
(1) to be informed promptly and in detail in a language which he understands of the nature of 
the charge against him;  
(2) to have adequate time and facilities for the preparation of his defence and to communicate 
with counsel of his own choice;  
(3) to defend himself in person or through legal assistance of his own choice; to be informed, if 
he does not have legal assistance, of this right; and to have legal assistance assigned to him, 
in any case where the interests of justice so require, and without payment by him in any 
such case if he does not have sufficient means to pay for it;  
(4) to examine, or have examined, all evidence against him, including affidavits of witnesses 
who conducted the arrest, and to obtain the attendance and examination of witnesses on 
his behalf under the same conditions as witnesses against him;  
(5) to have the free assistance of an interpreter if he cannot understand or speak the language 
used in court;  
(6) not to be compelled to testify against himself or to confess guilt.  
— Any transferred person convicted of a crime will be permitted to have the right to have its 
conviction and sentence reviewed by or appealed to a higher tribunal in accordance with the 
law of the Seychelles,EN 2.12.2009 Official Journal of the European Union L 315/41
— The Seychelles will not transfer any transferred person to any other State without prior written 
consent from EUNAVFOR,  
This arrangement has been discussed and agreed by the Seychelles authorities. The arrangements 
proposed herewith may come into force when the European Union indicates its agreement in 
writing. This is without prejudice to the legal or policy positions taken by the delegations of both 
parties in the ongoing negotiations.’.  
I have the honour to confirm, on behalf of the European Union, that the content of your letter is acceptable 
to the European Union. This Instrument will be applied provisionally by the European Union from the date 
of signature of this letter and will enter into force definitively once the European Union has completed its 
internal procedures for conclusion.  
With regard to the reference in your letter to the consideration by the Seychelles Attorney General of the 
sufficiency of the available evidence in view of prosecution, the European Union understands that you have 
agreed that, since EUNAVFOR will communicate in each case all the evidence available to it at the time, 
such as logbooks, pictures and videos, this will allow the Seychelles Attorney General to take a decision on 
the sufficiency of such evidence before accepting the transfer of suspected pirates and armed robbers.  
I also recall that, as mentioned in your letter, this Instrument will apply on a transitional basis, pending the 
conclusion of a mutually acceptable transfer agreement between the EU and the Republic of Seychelles on 
the transfer of pirates and armed robbers to the territory of the Republic of Seychelles.  
Please, accept Sir, the assurance of my highest consideration.  
For the European Union  
J. SOLANA MADARIAGAEN L 315/42 Official Journal of the European Union 2.12.2009
DECLARATION BY THE EUROPEAN UNION ON THE OCCASION OF THE SIGNATURE OF THE EXCHANGE 
OF LETTERS BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF SEYCHELLES ON THE 
CONDITIONS AND MODALITIES FOR THE TRANSFER OF SUSPECTED PIRATES AND ARMED ROBBERS 
FROM EUNAVFOR TO THE REPUBLIC OF SEYCHELLES AND FOR THEIR TREATMENT AFTER SUCH 
TRANSFER  
1. The European Union (EU) notes that nothing in the Exchange of letters between the European Union and the Republic 
of Seychelles on the conditions and modalities for the transfer of suspected pirates and armed robbers is intended to 
derogate, or may be construed as derogating, from any rights that a transferred person may have under applicable 
domestic or international law.  
2. The EU notes that representatives of the EU and of EUNAVFOR will be granted access to any persons transferred to 
the Republic of Seychelles (Seychelles) pursuant to the Exchange of Letters as long as such persons are held in custody 
there, and that representatives of the EU and of EUNAVFOR will be entitled to question them.  
For this purpose, the EU notes that an accurate account will be made available to representatives of the EU and of 
EUNAVFOR of all transferred persons, including records of any seized property, the persons' physical condition, their 
place of detention, any charges against them and any significant decisions taken in the course of their prosecution and 
trial.  
EUNAVFOR is willing to provide timely assistance to Seychelles through the attendance of witnesses from EUNAVFOR 
and the provision of relevant evidence. For this purpose, Seychelles should notify EUNAVFOR of its intention to 
initiate criminal proceedings against any transferred person and the timetable for the provision and hearing of 
evidence.  
The EU notes that national and international humanitarian agencies will also be allowed, at their request, to visit 
persons transferred under the Exchange of Letters.EN 2.12.2009 Official Journal of the European Union L 315/43