Pn2. Today, December 10th, is International Human Rights Day and a time to reflect on the
status of human rights world-wide and in Fiji.
A
recent Radio NZ International broadcast1
on a claim of torture by Lautoka lawyer
Aman Ravindra-Singh is a good starting point for reflection because
it raises not one but four important questions: 1) the role of RNZI
in reporting news from Fiji; 2) the lawyer's claims, motives and credibility; 3) the ongoing saga of human rights abuse claims against the
Fiji police and military; and 4) the role of the Fiji First
Government in relation to its domestic and international obligations
on human rights. I'll take one at a time.
1.
RNZI reports on Fiji.
This is not the first time the state-owned
and taxpayer funded broadcaster has taken a less than objective
stance on the Fiji political scene. I don't know who called who,
Singh or the broadcaster, but responsible journalism required
accuracy in publishing Singh's comments; an opportunity for those
accused to answer the accusations; and some attempt to place the
events reported in their historical and cultural context. RNZI
appeared to make no attempt to verify Singh's statement with the Fiji
authorities; certainly none was published, and the context was
limited to Singh's law practice and not the wider setting in which
his accusations need to be placed. In effect, RNZI allowed itself to
be used as a unchallenged launch pad for Singh's comments. Its
listeners deserved more.
2.
The lawyer's claims, motives and credibility1
 |
| Aman Ravindra-Singh (L). |
Aman
Ravindra-Singh is a former prosecutor for the Fiji Department of
Public Prosecutions; the secretary of an unsuccessful party in the recent
Elections*, and he is “representing dozens of people who've been
brought before the courts in recent months, some accused of trying to
set up a sovereign Christian state in Fiji and others alleged to have
taken part in a para-military style group.”
He
says he and his employees have received threats “by
men he believes are members of Fiji's security forces” [and] one
employee
was bundled into a car and driven into the bush where for two hours
he was subjected to acts of torture including being stomped on, hit
with a rod, pricked with pins, and injected with liquid.”
He says the attackers were evidently members of the security forces.
"The men had military boots on, they were well-trained, they
were very fit ... it was the way spoke … the men were in plain
clothes and their faces were covered [they asked] 'why is he against
the government'
and 'you can tell him this is going to happen to him' and 'we're
looking for him.'" He believes the aim of the threats is to stop
him representing those accused in the sedition cases.
So
far so good. The attackers could be security, and the attacks could
be because of the sedition cases.
 |
| Sitiveni Qiliho |
But whoever they were, Singh should
have reported the matter to the Police.
As
Acting Police Commissioner Sitiveni Qiliho has said —and as Singh
knows full well— the police cannot act without a complaint.2
They cannot be accused of failing to act unless a complaint is made.
I
asked an informed observer about Singh's allegations. He replied:
“The
police cannot fail if he does not make an official complaint with
chapter and verse and details. Some of this might be true, but I also
suspect the lily has been gilded for the international market.”
3.
Human Rights Abuses by Police and Military
The remainder of Singh's interview with RNZI concerned what he called a daily "litany of human rights abuses." "In police stations around the country Fiji citizens are slapped, punched, kicked, intimidated, threatened, co-erced (sic!) into giving confessions, sometimes not fed. There are a litany of cases,"
Another
informed observer had this to say on the daily litany of torture:
The word 'torture' conjures up images of extreme brutality not practised in Fiji.
See footnote 4.
4. Government and
Human Rights
Singh
goes on to say, "It's absolute nonsense what the Fiji
government says out there in support of human rights and it is
absolutely a farce that the Fiji government receives praise from the
United Nations and from the European Union because we are on the
ground here and we are the ones putting up with the violation and
breaches of human rights and I'm personally experiencing this on the
ground.”
The
implication is that Government knows what is going on, sometimes
encourages it, and does nothing to stop it, which implies a political
motive. As my first observer responded:
"As you know there are elements in Fiji's security forces (police, military and corrections) prone to using violence and violating human rights of citizens. Whether
this has tacit approval of the government of the day is another matter. However,
those violating human rights are rarely charged and convicted - this is a common
enough occurrence in many of the so-called democracies of the world including
the USA.
"Unfortunately with each coup, elements of the security forces in Fiji have enjoyed immunity from prosecution even though there were clear cases of gross
violations of human rights including the loss of life. The sense of impunity of the
men in uniform has been enhanced with the coups.”
My second observer was
more forthright:
”To suggest this is
political is nonsense; it is endemic in the police culture which must
be eradicated. He is making a political not a sociological comment."
Where now?
A
week ago a burglary in a Lautoka internet cafe and alleged brutality
by the police is possibly also related to the sedition charges mentioned by Singh but in
this case the cafe owner complained to the Police Commissioner and
has been assured of police protection.3
 |
| Christopher Pryde |
Also last week, the Director of Public Prosecutions, Christopher
Pryde, threw out charges
against a Jone Manasa because of evidence that that he had been
assaulted by Police in custody.
The DPP said, “The
allegations against the police officers are very serious. The file
will now be returned to the Police recommending that an investigation
is commenced into the allegations raised by Mr Manasa.”4
And
as I write, the Fiji Times announces that the PM has called on the
President to revoke the appointment of the Ifereimi Vasu, Acting
Commissioner of the Corrections Service, due to a charge of abuse of
office.5
In
October Government outlined to the United Nations Human Rights
Council efforts it was making in the area of human rights which
including police training. Parliament has unanimously agreed to
ratify
the UN Convention Against Torture. Money has also been provided to
the police to set up rooms for video recording of interviews of
suspects in custody.
These
events show that efforts are being made to eliminate brutal and
illegal acts by the security services. But I doubt they will be
enough. The problem will probably never be totally solved. After all, far worse
abuses are reported almost daily from that self-proclaimed bastion of
democracy, the United States. And Fiji is but a fledgling democracy.
To
eliminate police, military and corrections brutality, the Fiji
Government must insist that those found guilty of these illegal
activities are punishment and their employment terminated. It must be impressed on all security officers that this behaviour will no longer be tolerated. There must be no more cozy statements about immunity.
This government is the first since the 1987 coup that has the support, coordination and strength to really act on this issue. But the lead has to come from the top, the very top.
This government is the first since the 1987 coup that has the support, coordination and strength to really act on this issue. But the lead has to come from the top, the very top.
 |
| The Top: PM Voreqe Bainimarama |
 |
| The Top: A-G Aiyaz Sayed-Khaiyum |
Notes
* This sentence has been amended thanks to the reader's comment noted below.
* This sentence has been amended thanks to the reader's comment noted below.
- Torture is usually defined as inflicting extreme physical or psychological pain. Methods typically involve intensive and prolonged beatings, extended solitary confinement, rape, sexual abuse, mock executions, water boarding, and the extraction of finger and toe nails and teeth..
- http://www.fijitimes.com/story.aspx?id=333375
