By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — While interim Minister for Immigration Ratu Epeli Ganilau have still not commented on the exact cause of Hannah’s deportation, he has said that Hannah will not be allowed to appeal the decision.  The interim minister issued this statement yesterday to clarify a story run by the Fiji Times over the weekend that Hannah would be able to appeal his deportation to a Fijian court.  Ratu Epeli said that the Hannah would not be able to appeal because of an amendment made to the Immigration Act of 2003.

The amendment, which was passed just days after the deportation of Fiji Sun publisher Russell Hunter, reads that, “No appeal shall lie from decisions made by an immigration officer acting in accordance with the directions of, or instructions given in respect of any particular case by the minister.”

The Fiji Law Society has said that they do not think that the amendment is permissible under the current Constitution.  The Fiji Times reports that, according to Society president Isireli Fa, the law is improper because a provision that makes a Minister’s decision final and unreviewable by the courts is actually unenforceable.  Fa referred to this kind of provision as an “ouster clause” because they oust the jurisdiction of the courts.  He also said that there are many precedents in Pacific and Fijian common law that are on point and support his contention that the amendment is unenforceable.  He concluded by pointing out that section 120 of the Fijian Constitution confers upon the High Court unlimited original jurisdiction to to hear and determine any civil or criminal proceedings under any law.

Regardless of the criticism, interim AG Aiyaz Sayed-Khayum has stated that the process of Hannah’s deportation was legal.  He denied any allegation that there was a High Court order halting Hannah’s deportation.  “There was no High Court order to stop his deportation. You will see that there was a writ of habeas corpus which is very different from an injunction stopping someone from being deported. The matter is before the courts at the moment and is being called again on Wednesday this week, thus the matter rests until such time.”

For more information, please see:

Fiji Times — Society claims State not well advised — 07 May 2008

Fiji Times — Wife and son not included in order — 06 May 2008

Radio New Zealand International — Fiji interim attorney general defends Hannah deportation process — 05 May 2008

Radio New Zealand International — Fiji interim Government called on to reverse controversial immigration law change — 05 May 2008

Fiji Broadcasting Corporation Limited — Hannah CANNOT appeal his deportation — 05 May 2008

By Hayley J. Campbell
Impunity Watch Reporter, Oceania

TAIPEI, Taiwan — Taiwan’s vice premier quit on Monday after announcing he had taken part in transferring $29.8 million to a man who has disappeared.

The money was reportedly sent to a Taiwanese intermediary, Ching Chi-ju, and was to provide economic aid to Papua New Guinea on the condition that the country support Taiwan’s international recognition over China. Instead, the payments were made to two businessmen: Wu Shih-tsai from Singapore, and Ching.

In late 2006, the Taiwanese government decided to abandon the deal, believing Papua New Guinea was unlikely to take it. For almost 60 years since civil war split Taiwan and China, the two countries have called on other nations to take sides. China has used its economic prowess to lure some of Taiwan’s allies. In response, Taiwan has been offering economic incentives to keep allies from abandoning support.

On Monday, Taiwan police questioned Chiou, after allegations surfaced that senior members of the Taiwanese government may have accepted bribes from Wu and Ching as part of the deal.

“I feel deeply ashamed in the face of my country and people,” Chiou said in a brief statement. “In addition to helping with judicial investigations, I will withdraw from my beloved Democratic Progressive Party.”

As of now, authorities have been unable to locate either Ching or the $30 million.

For more information, please see:
Sydney Morning Herald — PNG govt denies Taiwan’s missing money — 06 May 2008

Taipei Times — Spreading Controversy Over Botched PNG Diplomatic Ties — 06 May 2008

Associated Press — Taiwan’s vice premier quits party amid scandal — 05 May 2008

Radio New Zealand International — Taiwan’s vice-premier quits over PNG graft claim — 05 May 2008

The New York Times – Man pocketed millions in Taiwan affair – 03 May 2008

BBC News —  China’s new South Pacific influence — 03 May 2008

By Ryan L. Maness
Impunity Watch Senior Desk Officer, Oceania

SUVA, Fiji — In the wake of Evan Hannah’s deportation, the High Court has ordered for the Immigration Department to explain why it was that Hannah was not produced on Friday as the High Court had ordered.  Along with the High Court’s inquiries, opposition leader Mick Beddoes has also called for Chairman of the Fiji Human Rights Commission and Ombudsman, Shaista Shameem, to conduct an inquiry into Hannah’s deportation.

Shameem acknowledged that she had received a letter from Beddoes and told FijiVilllage that she had responded to Beddoes’ letter.  She would not say, however, what the contents of her reply letter were.  She also said that she would not comment further regarding Evan Hannah, because the matter is currently before the courts.  The country will know the court’s decision on Wednesday, she said, and the FHRC will abide by that decision.

As for Beddoes, he has been vocal in his opposition for Shameem and her treatment of the situation.  He said that Shameem has been pro interim government since she took office and that her recent actions illustrates this.  Because of this, Beddoes has called for the next parliament to review the position of Ombudsman to ensure that the new office holder does not compromise the situation.

The Young Peoples Concerned Network has echoed Beddoes’ sentiment, calling for Shameem to resign from her position in the FHRC due to her inaction with regard to human rights offenses in Fiji.  Their call is a renewal of the resignation request that they made a month ago.  They also told the Fiji Times that the interim Government and the FHRC had embarked on a personal vendetta to intimidate and malign Fiji’s press.

For more information, please see:
Fiji Broadcasting Corporation Limited — Immigration Department ordered to explain — 05 May 2008

FijiVillage — FHRC Queried by Beddoes — 05 May 2008

FijiVillage — Fiji Human Rights Commission Has No Comment — 05 May 2008

Fiji Broadcasting Corporation Limited — Beddoes Criticises Shameem — 05 May 2008

Fiji Times — NGO calls on Shameem to resign — 05 May 2008

Fiji Times — Beddoes calls for probe on incident — 05 May 2008