Decree Grants Immunity to Fiji Coup Leaders

By Eileen Gould
Impunity Watch Reporter, Oceania

SUVA, Fiji – The leaders of the coup that overtook Fiji’s democratically elected has been given full immunity from prosecution.

According to a report issued on Friday, Fiji’s military leader, Voreqe (Frank) Bainimarama, has been given full immunity from prosecution. A decree issued on March 22 gives full immunity to those who participated in the coups of 2000 and 2006.  The current president, Ratu Epeli Nailatikau, granted immunity to Bainimarama and the other members of the coup, a coup in 2000 as well as for an attempted mutiny at the Fiji army barracks.

Fiji’s former president Ratu Josefa Iloilo was also granted immunity from prosecution.  Iloilo abrogated the constitution in 2009, after the Court of Appeal said that Bainimarama’s coup was illegal.

Nailatikau’s decree grants immunity from criminal or civil actions to members of the police, military and prison service, as well as all individuals who acted under official orders.

According to the president of Fiji Law Society, Dorsami Naidu, the decree also awards immunity for future actions.

Individuals who have already been convicted of crimes will not be given immunity.  For instance, George Speight, businessman and leader of the 2000 coup, is serving a life sentence.

Mr. Speight and the other members of the coup gave themselves immunity but Bainimarama went back on this deal, and these men were arrested.

It is believed that the decree was issued in response to the decision by a court to award compensation to an individual who was tortured by individuals during the 2000 coup.

Fiji Law Society stated that the decree “basically does away with all actions, or all events that may have occurred, or that may be before a court or a tribunal or any body which would be seeking any form of damages, compensation, or any claim against the present regime.”

The Coalition for Democracy in Fiji states that individuals in power will not allow free elections to take place unless they have been granted full immunity from prosecution.  It allows them to get away with many egregious acts.

For more information please see:
Radio New Zealand News – Fiji leaders’ immunity decree ‘a mockery’ – 10 April 2010

Monsters and Critics – Fiji’s 2006 coup leaders give themselves legal immunity – 09 April 2010

Radio New Zealand International – Law society says Fiji coup leaders think they are above the law – 09 April 2010

Author: Impunity Watch Archive