By Sarah C. LaBelle
Impunity Watch Senior Desk Officer, Oceania

For more on the arrests, please see the Impunity Watch report here.

SUVA, Fiji – Among those swept up in the arrests for an alleged assassination plot in Fiji were two New Zealanders, IT developer Ballu Khan and Sivaniolo Naulago, an executive in Khan’s company.  Khan is currently in hospital in Fiji for beatings he received while in police custody.  New Zealand claimed that Fiji was breaching the Geneva Conventions by not allowing New Zealand’s High Commission in Fiji to visit Khan; Fiji allowed the visit to happen after this protest.  However, New Zealand has not been able to access Naulago and has not been allowed to see Khan since the first visit.

New Zealand Prime Minister Helen Clark told reporters: “I’m absolutely appalled at what happened to that New Zealand citizen and of course, the New Zealand High Commission was prevented from seeing him on the Saturday and he was prevented from getting proper medical care while they kept him in detention.  When our High Commission staff did get to see him [November 05], he had difficulty talking  because his face was so beaten up.  He’s been surrounded by guards at the hospital at night — including one who had been part of the assault on him.  It’s absolutely terrifying, no person should be treated like this.”

Khan’s partner, Agnes Bulatiko, observed the beating and said that, while she fears for her own safety, she will not stop fighting on Khan’s behalf.  She has been prevented from seeing him for the duration of his arrest on November 03.  Bulatiko denies that Khan resisted arrest, and says that he simply asked why he was being arrested.  Bulatiko says that all the men in their group who were stopped at the checkpoint were beaten and arrested, while the women were strip-searched before being let free.  The women were not questioned, and those under the age of 18 were not forced to strip.  Bulatiko’s brother is also among those who were beaten and arrested.

Tevita Fa, Khan’s lawyer, reports today that Khan has stopped eating.  Fa is also seeking for an independent team of doctor to examine Khan, since his request that Khan be allowed to seek medical treatment in New Zealand was denied.

For more information, please see:

Fiji Times – NZ: Voreqe looking for excuses – 06 November 2007

Fiji Times – NZ stopped from visiting Khan – 06 November 2007

Fiji Times – Khan’s partner denies claims – 07 November 2007

Radio New Zealand International – Suspect in Fiji alleged assassination case to seek medical treatment in New Zealand – 07 November 2007

Pacific Islands Report (Radio Australia) – Fiji Denies New Zealand Access to Arrested Citizen – 07 November 2007

Pacific Islands Report (Fiji Times) – Fiji ‘Plot’ Suspect Khan Still in Hospital – 08 November 2007

Islands Business – Second Kiwi in Fiji ‘murder plot’ identified – 08 November 2007

Islands Business – Weapons found, Fiji authorities allow access to detained New Zealand citizen – 08 November 2007

Radio New Zealand International – NZ conspiracy suspect stops eating in Fiji hospital – 11 November 2007

Fiji Times – Bulatiko fears for her life but will fight for partner – 12 November 2007

SUVA, Fiji — On November 8th a statement on Department of Public Prosecutions (DPP) letterhead made its way to a number of Fiji media outlets.  The statement said that assistant commissioner of police, Nasir Ali, had threatened the director of public prosecutions, Josaia Naigulevu, and his assistant Asishna Prasad with arrest and criminal charges for perverting the course of justice.  The statement said that the DPP “takes such threats very seriously” and cautioned the police not to overstep its bounds.  It also said that “The office of the DPP maintains that we will jealously guard our independence and that we will do so without fear or favour.”

Esala Teleni, the Fiji Police Commissioner, immediately denied that any threats had been made to the DPP.

Later the same afternoon another, conflicting report, not on DPP letterhead, from Josaia Naigulevu denied that the original statement had been authorized by the DPP. Teleni also indicated that he had meet with Naigulevu and that relations between the two organizations were fine.

An internal DPP investigation was begun today to determine the source of the confusion and to discover who generated and released the first statement.

For more information, please see:
Fijilive — Confusion over DPP statements — 09 November 2007

Fiji Times — Probe on for writer — 10 November 2007

Radio New Zealand International — Fiji’s DPP denies police made threats — 09 November 2007

Fijilive — Police chief surprised at DPP statements — 09 November 2007

Radio New Zealand International — Polce accused of threatening DPP — 08 November 2007

By Sarah C. LaBelle
Impunity Watch Senior Desk Officer, Oceania

For background on the Moti affair and its effect on the region, please see theImpunity Watch reports on Moti’s appointment as attorney general for the Solomons, PNG government involvement in Moti’s escape, the Vanuatu case status, Australia’s extradition attempt and the missing PNG inquiry report, PNG court refusal to suppress the inquiry report, and Moti’s fear of assassination attempts.  The inquiry report itself was released to the defense minister on 28 September, and he rejected its findings last week.

PORT MORESBY, Papua New Guinea – Last week, PNG Defense Minister Bob Dadae released a statement rejecting the findings of the board of inquiry that dealt with the Moti affair.  (The Impunity Watch report on this statement may be found here.)  Unfortunately, it seems that these statements could for the basis of a contempt of court charge against both Dadae and the Sunday Chronicle, which printed his statements in a six page spread.

Ian Augerea, registrar for the Supreme and National Courts, said that the contempt charges would be based on making public statements “on issues that may be the subject of [an] appeal” before the Supreme Court.  The appeal in question is the one filed by Prime Minister Sir Michael Somare and PNG Defense Force officers Captain Tom Ur and Colonel Vagi Oala.  Augerea took out full-page notices in both The National and the Post-Courier in which he said that Dadae’s statement went against advice from the courts and could be in contempt of the Supreme Court.  He also mentioned that the chief justice is in the process of empanelling a bench to deal with the contempt issue.

Augerea warned in his notices that “All issues are under judicial consideration and therefore comments by the public are prohibited.  Continuation of publication or discussion may be regarded as seeking to influence the Supreme Court […] Any further public discussions on the Moti case is to cease immediately.”

Regarding the registrar’s statements, former Prime Minister Sir Julius Chan said in support of the court, “You know, I did warn that when the government becomes so powerful, it has no respect for the separation of powers.”  Opposition leader Sir Mekere Morauta said that the issue was that PNG laws were broken during the Moti flight, and that independent institutions, like the public prosecutor, need to conduct their own investigations.

Today, The National reported that three Supreme Court justices have been chosen to handle the contempt of court hearings, though their names have not yet been released.

For more information, please see:

Pacific Islands Report (PNG Post-Courier) – PNG High Court Threatens Against Moti Disclosure – 05 November 2007

The National – Dadae, paper face contempt charges – 05 November 2007

Islands Business – Courts bar Moti debate – 06 November 2007

Pacific Magazine – PNG Minister and Paper Could Be In Contempt – 07 November 2007

The National – Three SC judges to handle ‘Moti’ – 08 November 2007

NUKU’ALOFA, Tonga – Saane Fifita is calling for an inquiry into her son’s death after seeing footage showing him alive in front of the burning building in which he is said to have died during last year’s riots.  Former Tonga Police Commander Senilau Kolokihakaufisi, who was the police commander at the time of the riots, said that he did believe that Senituli Fifita died in the building, and suggested that he re-entered the burning building to loot it.

However, Saane Fifita has also heard, from a senior police detective, that her son was taken into custody and beaten by police.  A study on the treatment of riot prisoners has shown that 53% of those arrested were abused at the hands of the police.  Kolokihakaufisi does not believe the report to be accurate, though he does concede that it was one of his own men who reported the beating to Saane Fifita.

For more information, please see:

ONE News – Mother seeks independent inquiry over son’s death – 05 November 2007

Pacific Magazine – Tongan Mother Wants Inquiry Into Son’s Death – 07 November 2007

By Ryan L. Maness
Impunity Watch Reporter, Oceania

SUVA, Fiji– On Monday, sixteen people were arrested on charges of the attempted assassination of Fiji’s Interim Prime Minister Voreqe Bainimarama. Of these sixteen, ten have been issued formal charges including mutiny, conspiracy to commit murder and treason. However, at the time of this writing, all treason charges have been dropped.

Details of the plot are still unclear, but Bainimarama issued a statement that he was, “Happy to be alive.” He stated that the authorities had, “uncovered a situation which, if not foiled, would have led to serious unrest, bloodshed and instability in Fiji.” No more specific details of the alleged plot were given, other than it could be blamed on “disgruntled groups” within Fiji that opposed his march away from corruption.

The accused represented a laundry list of Fijian businessmen and politicians, as well as two New Zealand Nationals. Among the accused are Naitasiri paramount chief and former government senator, Ratu Inoke Takiveikata and senior military official Lt Col Jone Baledrokadroka, the former director of the dissolved Fiji Intelligence Service, Col. Metuisela Mua, former MP Peceli Rinakama, and six former soldiers from the CRW unit. The CRW unit carried out another coup in May 2000.

New Zealand Prime Minister Helen Clark has decried the actions of the interim government, saying that the arrests represented an attempt to silence Bainimarama’s critics.  Australian Foreign Minister Alexander Downer has called the allegations, “completely absurd.” For himself, Bainimarama believes downplayed the international scrutiny, saying that the neither the Australian nor New Zealandgovernments had been directly implicated. Further, he believed that the issued had been stirred up by “sensational reporting”.

New Zealand, at least, argues that it does have a direct interest in the arrests, because one of its nationals, Ballu Khan, was reportedly beaten by Fiji officials. Reports vary concerning the extent of his injuries. Police chief Esala Teleni stated that Khan had experienced “minor injuries” when he resisted arrest, but other reports indicate that his injuries were so extreme that he was unable to speak. A hospital told Reuters that Khan was diagnosed with a broken jaw and rib. The New Zealand Foreign Affairs Minister, Winston Peters, said that his government has not yet been given access to Khan.

The court has decided to postpone hearing pleas and establishing bail until Wednesday morning.

For more information, please see:

The Australian — Fiji plot accused set for court – 07 November 2007

Fiji Times Online — Confusion over plot charges — 07 November 2007

BBC News — Bainimarama defends Fiji arrests — 06 November 2007

Radio New Zealand International– 10 people charged over alleged Fiji assassination plot — 06 November 2007

BBC News — Alleged plotters charged in Fiji — 05 November 2007