Sunday, July 26, 2009


Synopsis of Breach by Frank Bainimarama of International Law

· Freedom of Conscience, Religion and Belief [Art 18 ICCPR, Art 18 UDHR]

· Freedom from Discrimination on Religious Grounds [Art 26 ICCPR, Art 1,6,7 UDHR]

· Freedom from Torture, Cruel, Inhumane or Degrading treatment [Art.5 UDHR]

· Rights of arrested or detained persons [Art. 9 UDHR]

· Rights of charged persons [Art.11 UDHR, Art 14(2)-(7) ICCPR]

· Right to Fair Trial [Art 14 ICCPR, Art 9,10,11 UDHR]

In my view the most fundamental right is the Right to a ‘Fair Trial’ and what that means, or more precisely why NOBODY tried for an offence under the current illegal military appointed judiciary will have a fair trial.

Article 1 of the International Covenant on Civil and Political Rights (ICCPR) states:
“All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law”

I wish to regurgitate an analogy from Raw Fiji News (18th June) that summarised what this means in non-legal terms so that even Frank can understand as it would be futile to quote from the House of Lords in the UK or cite local coup conspirators’ judgments, including Nazhat Shameem and Anthony Gates.

“Now here is a story of a case in Wales: A simple, clear, straightforward case. On the evidence given no jury could acquit the accused.

The defence lawyer asked the trial judge if he could address the jury in Welsh. The judge agreed.
The defence lawyer took three minutes. The jury retired and came back five minutes later with a “not guilty” verdict. The judge had no choice but to release the prisoner.

The judge was so suprised that he asked the Welsh speaking usher, what the defence lawyer had said.

“Well my Lord, said the usher, “the defence lawyer had said to the jury: ‘look at the situation: the judge is an English man, the arresting police officer is an English man, and the prosecutor is an English man. The accused is Welsh, you members of the jury are Welsh, and I the defence lawyer am Welsh. I rest my case.’”

In Fiji we will not be as lucky as the Welsh prisoner.

In Fiji the Police Commissoner is a coup apologist, the Director of Public Prosecutions is a coup apologist, the Director of the Legal Aid Commission is a coup apologist, the Chief Justice, Judges and Magistrates are all coup apologists, and the Chief Registrar that selects the jury (assessors) is a coup apologist.

Justice must not only be done, but must also be seen to be done.

I rest my case”

No doubt all soldiers currently under the misdirected psychotic command of Frank Bainimarama have also being misled, and their oath of allegiance misplaced, they must not condone illegality, in fact, Frank Bainimarama should be arrested and Court Martialled under the 1955 Army Act by the Commander in Chief and Military Council, and if found guilty he must be executed by firing squad as the 1997 Constitution does not accord a treasonous soldier to have the death penalty commuted.

No comments:

Post a Comment

Bula, No'oia, Kia Ora, Warm Greetings, Namaste

Children of Fiji & Friends of Fiji

Children of Fiji & Friends of Fiji
Down memory lane

About Luvei Viti Community

My photo
Wellington, Wellington, New Zealand
#NaDinaFijiTruth Seeker & HumanRightsActivist.

Luvei Viti's shared items

Twitter Updates