We are very disappointed with claims that Saki's killers have been released. As a sign of solidarity, we send you this collection of selected articles regarding his death, trail and justice denied.
Rabaka alongside friends, were taken to the black rock military camp, striped, interrogated, and both physically and sexually abused. This happened during a time when youths were been detained throughout Fiji - their crime - being YOUTHS.
This is how young people in Fiji are treated, they are never taken seriously and are always vulnerable to these violations. The BAB campaign (black arm band) protests for many things including human rights, youth justice and the rule of law. Sakuisa Rabaka is intertwined in this protest so deeply that there is no turning back for us. We will remember him forever.
We pay tribute to Saki. And his memory will never die.
Young man killed Feb 26 2007
Interim Labour Minister Bernadette Rounds-Ganilau has said she is “devastated” at the death of a 19-year-old youth who was assaulted by soldiers and who she visited while he was in hospital.
In a message to youth activist Peter Waqavonovono, who has been campaigning against military human rights violations and who was himself assaulted by soldiers on Christmas Eve, Rounds-Ganilau said Sakiusa Rabaka’s death should not have happened.
“I truly am sorry, in fact I'm devastated. It shouldn't have happened and this cannot happen again,” said Rounds-Ganilau. She said interim Attorney-General Aiyaz Sayed-Khaiyum would make a statement on the death on behalf of the interim government.
Waqavonovono told Intelligentsiya in an email today that he has been “bombarding” Rounds-Ganilau and interim Youth Minister Adi Laufitu Malani with “requests to do something” about the continued abuse of human rights by the military.
“Human rights abuses must stop,” Waqavonovono said. “Most citizens taken into military custody are youths and youths are the vulnerable members of society. And during these times youths should be consulted and not abused and humiliated.”
“I consider Sakuisa a hero. And for generations to come he will be remembered
for what he went through and how he followed through till the very end. I have been touched by his story right from the start. When we visited him in the hospital, I thought that he was in a bad shape, but he had a strong will.”
Sakiusa’s story was first reported on Intelligentsiya. He was arrested by six soldiers and a policeman on January 28 for what the police said was possession of marijuana and taken to the army barracks in Nadi where they were made to strip naked, carry heavy sacks and run up a hill. All the while they were being beaten.
Sakiusa returned home early the next morning badly injured and later in the week started developing headaches. He was taken to Nadi hospital, then Lautoka and then to Suva’s Colonial War Memorial Hospital where he underwent brain surgery.
He returned to Nadi last week after he was discharged. But on Saturday he collapsed while with friends and was taken to Nadi hospital where he died. His death was also first reported on Intelligentsiya late on Saturday night.
Sakiusa’s mother, Alanieta, before his death and during his admission in hospital that he was “at the wrong place at the wrong time” and was about to start a course in hospitality studies.
“Yet another murder…the killing continues,” somebody wrote in a comment on Intelligentsiya. “No prizes (for) what Berandette will now say when ‘sorry’ was all she could manage when responding to the senseless beatings this young man endured at the hands of RFMF rogue thugs who dare still call themselves soldiers.
And finally, from a poster claiming to be Sakiusa’s brother: “Thank you for sharing my brother's story. We his family around the world are able to know the loss of our beloved brother. I hope that the citizens of Fiji will come out and share their stories (so) that it may end the exploitation of human rights and bullying tactics by the military.”
Sakiusa’s death brings to two (publicly acknowledged) the number of people who have died at the hands of military personnel.
Nimilote Verebasaga of Nakaulevu Village in Nakelo, Tailevu was delivered dead to the army hospital at Queen Elizabeth Barracks in January after being badly assaulted.
Military blamed for youth's death Fiji Times Ltd. Monday, February 27, 2007
In mourning ... Alanieta Rabaka mourns the death of her son Sakiusa
THE military has been blamed for the death of a 19-year-old on Saturday from injuries he suffered from an alleged assault by soldiers and a police officer last month.
Sakiusa Rabaka Ligaiviu, of Votualevu, in Nadi, had been admitted to the Nadi, Lautoka and Colonial War Memorial hospitals since the alleged assault on January 28.
Mr Ligaiviu was discharged from CWM Hospital last Tuesday.
His mother, Alanieta Rabaka said he underwent surgery on his head February 16 and returned home a week later. She said since the assault her son had not been feeling well.
She said on Saturday evening while talking to friends at his home, he collapsed.
Relatives and friends tried to revive the youth as they waited for an ambulance to transport him to Nadi Hospital.
About half an hour after arriving at Nadi Hospital, Mr Ligaiviu's parents were informed of his death. Mr Ligaiviu's death is the second allegedly involving an assault by soldiers.
The first such alleged death involved a Nimilote Verebasaga, who was picked on January 5 by soldiers from his home at Nakaulevu Village, in Nakelo.
Mr Verebasaga was later taken to the military hospital in Nabua where the next day he was pronounced dead.
A post mortem examination conducted on Mr Verebasaga showed he died from haemorrhage and shock as a result of internal bleeding.
Police public relations officer, Inspector Lavenia Lovodua said they would make a statement on Mr Ligaiviu's death and progress of investigations into Mr Verebasaga's death today.
When contacted yesterday, military spokesman, Major Neumi Leweni asked to be called later.
But numerous attempts to contact Major Leweni yesterday afternoon were unsuccessful.
But on national television yesterday, Major Leweni said investigations into the allegation were under way and he could not divulge any more information.
Mrs Rabaka said she didn't know why the military had picked up her son in the first place.
She pleaded with them to stop such bullying tactics.
Mrs Rabaka said her son, who wanted to become a chef, had just completed a two-year course in catering at Ratu Navula Secondary School.
She said they were already preparing to enroll him at the Training and Productivity Authority of Fiji in Nadi for further training.
"Sakiusa (Mr Ligaviu) was at home watching television with me when he told me that he was going out for a while," she said yesterday.
"As soon as he walked out of the house, six soldiers and a police officer picked him and two other friends. They said they were suspected of smoking marijuana," she said.
"The soldiers took them up to the Black Rock Reservoir and made them strip naked. After that they told them to carry sacks of sand. And during all this, the soldiers were beating them up," said Mrs Rabaka.
"When they brought him back at about 4.30am, he could barely walk and was suffering from severe headaches," said Mrs Rabaka.
Earlier that day at about 3pm, soldiers had picked up Mr Ligaviu's elder brother, Gregory.
He was allegedly beaten by soldiers before being dropped back at home about three hours later.
Mrs Rabaka said they took Mr Ligaviu to the Nadi Hospital where he was admitted for a week before being transferred to Lautoka.
But after a night at the Lautoka Hospital, he was transferred to the Colonial War Memorial Hospital in Suva. Mrs Rabaka said all funeral arrangements would be made after the post mortem examination that is scheduled for today.
Fiji Women's Crisis Centre Coordinator, Shamima Ali urged the Commander and Interim Prime Minister, Commodore Voreqe Bainimarama to ensure all necessary investigations is carried out.
Ms Ali said all those responsible had to be brought to justice in order to put the people's minds at rest.
Mum tells of Sakiusa Rabaka's painful last days in murder trial Fiji Times Ltd. Tuesday, February 24, 2009
THE first State witness in the murder trial of a policeman and eight soldiers took the stand at the Lautoka High Court today.
Alanieta Rabaka described in detail the pain her son, Sakiusa, endured during his final days.
Sakiusa is alleged to have been tortured inhumanely on January 28, 2007, by the accuseds.
Mrs Rabaka was very emotional in court as she recounted the suffering Sakiusa endured after his return from Black Rock, the military training camp in Votualevu.
She told High Court judge Daniel Goundar there were visible straight marks and boot marks on Rabaka's stomach and his back.
His head was swollen, he was vomiting and he complained of severe head aches, she said.
He was admitted in Nadi, Lautoka and then the Colonial War Memorial hospitals where he received treatment.
On February 20, Sakiusa was discharged from CWMH and after spending two days with relatives, he begged her to take him to their home in Nadi.
She said on the morning he died (February 24), he thanked her for heeding his pleas to return him home.
Condolences for Rabaka - The tall, beautiful and bold young man
As the relatives of Sakiusa Rabaka prepare to bury the 19-year-old on Friday (March 2) youths around the country mourn the young man.
While members of the Young Peoples Network try to meet with interim ministers in the hope that young people will spared the brutality dished out at military installations nationwide, an email from another Nadi youth looks at the happy boy Sakiusa was.
Writing on behalf of her family, Amanda Edwards sent condolences to the friends and family of mourning the death of a person she described as "definitely one on the most funniest and awesome guys i was eva blessed to hav known. Even thou you arnt wit hia us physically we know that your soul will live amongst us for eva boy!" (sic)
Young Mandee remembers Sakiusa from the bus ride home from school and said he was the type of boy who would always "put on that lovely smile" for all to see.
"Yep! boy i can still see that full set of teeth, today. We spent short days together but everyday i'd cherish till i meet you again, RABAKA."
"Will luv you forever as a friend and as a brother."
Reactions: 5 comments:
Anonymous said...
- saki will be remebered most for his smile and happy go lucky atitude.isa saki, ni moce. we will all meet each other again. To the youths of Fiji, push for the best and never take second seat. the future is yours and what happens today will affect your future. To waqavonovono and his group, you ppl. are doing a good service trying to stop this madness. my prayers are with you and to all the people out there who have faced the military and survived - Peter waqavonovono and co. esp. - what can you do for each other and what can you do for others around you to ensure the best. i have had enough of all this tears and blood. we are cleaning nothing, we are making more emotional and physical mess'es,
Josua T, Lautoka 28 February 2007 16:52
Media said...
Rabaka was a good kid.He was one of those unique kids that cannot be found anywhere else. He was truly a great friend to all students that he went with at SVC. Have never seen him get into a fight with anybody, only that smile that would be on his face from morning till afternoon. When i first heard the news i did not know that it was him but after seeing the picture and hearing SAKIUSA RABAKA LIGAIVIU, i waz really shocked. didn't know what to say. everybody watching was talking and i was the only there keeping quiet. I had remembered one time we stepped school and spent the whole day at his house playing playstation till Kamals bus had come, lunch was even prepared. I didnt even have the chance to return the favour... Well those were the fun days. He might have gone now but deep down in our hearts he still remains. If i had knew that this would happen, i would have shared with him how much i had appreciated his companionship. To all of youfriends... Amanda, Chantel,Alisi, Anaseini, Denise, Jale, Kryie, Lina, Ronlyn, Aminiasi, Taina, Christina, Mea,Vasiti and to those who i dont have their email addy, but the list goes on. It is an honour to be on ur friends list, i wanna thank you all for all the memories i have from being with you all.You are all special and i mean it.Rabaka.... we all miss you friend and brother.My condolences to the family.Am just sorry that i could not be there in Nadi tommorow for the funeral.
With alot of LOVE Mojie Bula 01 March 2007 14:11
Anonymous said...
As a mother I am deeply touched by the grieving Alanieta Rabaka over her son's death.The nation watched as she boldly shared her grief on the news.I can only think of my son at the tme she was being interviewed on FIJI ONE.Mothers surely should support her in time of her grief and stand together to remind our sons who are in the Military that we will answer to all that we have done comes judgement day and the anger of the people,the vanua and the CHURCHES will befall the generations of those who partook in shattering the lives of those innocent ones.Its time to act now mothers!!!!!
01 March 2007 15:49
nomorecoups said...
They have no evidence that this boy was a marijuana dealer/smoker. To say that he was a 'known' dealer/smoker is indicative of the style of governance that Bainimarama is advocating - the kill now and explain later and the 'clean up now' and give evidence of what was to have been cleaned up .. .later. Its always leap now, think later for this regime. Every single person the army takes up to their camps to be brutalised because of Marijuana .. will come out to continue to smoke MJ, if not more. There is a reason for our court system, there is a reason for the type of punishment that society decides it will dole out for appropriate crimes. These soldiers suddenly think theyre the be-all and know-all of the justice system??? Thats what comes from a lack of education and an excess of ignorance.
02 March 2007 11:12
Anonymous said...
Isa, I secretly supported the Military, but not anymore. I actually thought that you people were dong something good, but at what cost...One life is too much too many, Man, what happened to Fiji, the Fiji I remember was when the soliders came home for tea, when the sergent taught cadets in our school and was a good friend of my grandparents, the private who used to I went to church with, Isa, now, when I see soliders, I cant help but wonder...HOW DO THEY SLEEP AT NIGHT, I WONDER IF THEY HAVE CHILDREN, I WONDER WHAT KIND OF EXAMPLE THEY TEACH THEIR CHILDREN, THEIR NEPHEWS AND NIECES,
Isa I pray for my country every single day and hope and have faith that one day all the wrongs that have been acted on us by the military will be undone and the judgement that will be exacted on the military will filter to their children and their fruits of their loins....
02 March 2007 18:30
Crimes were serious, Justice Goundar tells nine Wednesday, March 18, 2009
Sai Comment:
- All Fijians should note the face of the 9 who took the life of another Fijian. They are nothing but barbarians who all deserve to rot in prison for what they have done.
LAUTOKA High Court judge Justice Daniel Goundar refused a defence application for discharge without conviction because the offences committed in the Sakiusa Rabaka murder trial were serious. He said the offences could not be classed as technical breaches of the law which could have cleared the nine accused of moral blame.
"The offences you committed are serious. The offences were deliberate conduct on your behalf as agents of the State on civilian victims. "It is not in public interest that you be exonerated from these offences by a discharge without conviction," Justice Goundar said. The defence had submitted that a conviction would result in loss of employment and cause financial hardship to the families of the accuseds.
Justice Goundar said subsequent authorities have held that absolute discharge without conviction is for the morally blameless offender and discharge powers should be "exercised sparingly where direct or indirect consequences of convictions are out of all proportion to the gravity of the offence and after the court has balanced all the public interest considerations."
Troops go to jail
By MARGARET WISEWednesday, March 18, 2009
EIGHT soldiers and a former police officer found guilty of manslaughter in the murder trial of Nadi youth Sakiusa Rabaka were handed four year prison sentences yesterday.
A packed courtroom heard Lautoka High Court judge Justice Daniel Goundar tell the nine accused that the offenses were committed in a joint enterprise and he would not apportion individual culpability. "Under the doctrine of joint enterprise it does not matter who struck the fatal blow. You all acted with a common intention to take the deceased and the complainants to a military training site called Black Rock, to assault them," Justice Goundar said.
"Sakiusa Rabaka died of the assaults he sustained at Black Rock."
The nine Patrick Nayacalagilagi, Taione Lua, Ulaisi Radike, Etonio Nadura, Ratunaisa Toutou, Joeli Lesavua, Jona Nareki, Ilaisa Kurimavua and Napolioni Naulia were sentenced to four years imprisonment for manslaughter and four months imprisonment for each count of assault occasioning bodily harm. The sentences are to be served concurrently.
Justice Goundar said in meting out the sentence he took into account the fact the offences were not the worst of its kind and fell in the medium range of sentence for manslaughter and lower scale of the tariff for assault. However, he said while the motive of arrest was to maintain law and order, he could not ignore the fact that the group breached their legal duty to protect those arrested from any harm whilst in custody. "Instead of being the custodian of law, you took the law into your own hands and became both the jury of guilt and executor of punishment," Justice Goundar said. "Every detainee in this country is entitled to the constitutional guarantees such due process of law and protection from degrading and inhumane treatment.
By your conduct you denied the deceased and the complainants the due process of law that you enjoyed in this trial." "The deceased and the complainants were not given an opportunity to be heard and to defend themselves. You punished them without a finding of guilt. They were subjected to degrading and inhumane treatment as a form of punishment. They were made to strip and do military type physical exercises. During the exercises they were continuously kicked, punched and hit."
He refused a defence submission for bail pending appeal on the sentence.
It’s not enough, says Rabaka's mum FIJI SUN - 3/18/2009
Four years in jail is not enough for the men who killed my son, says the mother of the late Sakiusa Rabaka.
But Alanieta Rabaka said the judge has spoken and she respected his decision.
“I don’t think it’s enough. But the judge has spoken and his decision is final. And I want those men (accused persons) to remember that judgement doesn’t end here,” she said.
“It is better to serve some punishment on earth and be free from other punishment. As Christians, they will know what I’m talking about.” Mrs Rabaka and her husband both described the sentence as very lenient. “But even if the jail term is very light in my view, I know their individual families will suffer just as much while these men are behind bars.”
Patrick Nayacalagilagi, Taione Lua, Ulaiasi Radike, Etonia Nadura, Ratunaisa Toutou, Joeli Lesavua, Jona Nareki, Ilaisa Kurimavua and Napolioni Naulia were each sentenced to four years on a lesser charge of manslaughter instead of the initial murder charge which they were tried for.
Judge Justice Daniel Goundar also sentenced each of them to four months imprisonment for each of the five counts of common assault they were convicted of.
Justice Goundar ordered that the sentences be served concurrently.
In passing sentence, he responded to an application for discharge without conviction by defence counsel Haroon Ali Shah was denied. Justice Goundar said the case the defence relied on in applying for discharge without conviction had different circumstances which did not apply to the case before him. He said the offences committed by the nine could not be classed as a technical breach of the law to warrant a conditional discharge.
“The offences you committed are serious. The offences were deliberate conduct on your behalf as agents of the State on civilian victims. It is not in public interest that you be exonerated from these offences by a discharge without conviction,” he said.
Justice Goundar said while he considered the motive behind the arrests of Rabaka and the four complainants were to maintain law and order in the country, he could not ignore that they had breached their legal duties to protect them from any harm whilst the victims were in their custody.
“Instead of being the custodian of law, you took the law into your own hands and became both the jury of guilt and executor of punishment. Every detainee in this country is entitled to the Constitutional guarantees such as due process of law and protection from degrading and inhumane treatment,” he said. “By your conduct, you have denied the deceased and the complainants the due process of law that you enjoyed in this trial. The deceased and the complainants were not given an opportunity to be heard and to defend themselves.
You punished them without a finding of guilt.” Justice Goundar said because the offences were committed in a joint enterprise, he would not apportion individual culpability and that under the doctrine of joint enterprise, it did not matter who struck the fatal blow. “You all acted with a common intention to take the deceased and the complainants to a military training site called Black Rock to assault them. Sakiusa Rabaka died of the assaults he sustained at the Lack Rock,” he said.
In court, the nine sat expressionless throughout the sentencing by Justice Goundar.
Afterwards, they were given the opportunity to say goodbye to their families who gathered at the court in numbers and bade farewell as the Police truck left for Natabua Prison. The nine have been remanded pending an appeal against conviction and sentence.
Rabaka murder suspects charged Fiji Times Tuesday, October 30, 2007
CHARGES were laid last Thursday against the eight soldiers and the police officer implicated in the murder of 19-year-old Sakiusa Rabaka.
This was revealed yesterday by the Director of Public Prosecutions Office, which was forced to obtain a court order to bar the military suspects from leaving for peacekeeping duties in Iraq on Saturday.
In a statement yesterday, the DPP's Office said it chose to intervene after talks with the military broke down.
This, it said, was done after several unsuccessful attempts to talk with the military about Sakiusa, the Nadi youth who died while in military custody last January.
All nine suspects have been charged with murder and assault.
The charges were filed in the Magistrate's Court in Nadi on Thursday and the court summons were served on all by Friday, said the DPP's Office.
Patrick Nayacalagilagi is the police officer charged. National rugby reps Etonia Nadura, Jona Nareki and Napolioni Naulia were among the soldiers charged.
The other soldiers charged are Taione Lua, Ulalasi Radike, Ratunaisa Toutou, Joeli Lesavua, Ilaisa Kurimavua.
The DPP's Office said if the suspects had been allowed to leave on the UN-chartered flight on Saturday night, it would have deferred the case for an indefinitie period.
It thus pursued a stop order and issued it to the Immigration Department at the Nadi International airport on Saturday.
Immigration Director Viliame Naupoto said the soldiers were taken off the flight by the army at the airport. He said the officers names could not have been on the Immigration watch list if the officers made it through immigration.
Police Commissioner Esala Teleni said police supported the DPP's Office and would help wherever they could. He refused to comment further.
Military spokesman Lt-Col Mosese Tikoitoga refused to comment too. He referred queries to Lt-Col Sitiveni Qiliho who he said was responsible for the matter as he was in Nadi at the time of the incident. Lt-Col Qiliho could not be reached for comment.
Fiji Women's Crisis Centre hailed the DPP's Office for their work.
Co-ordinator Shamima Ali said answers must be provided on who and how the suspects were allowed to get as far as the airport.
She said the incident at the airport contradicted interim Prime Minister Commodore Voreqe Bainimarama's recent utterances on the need for good governance.
"In the name of accountability and true justice, this is not good governance when the commander can't reflect it within his own army," she said.
This reflects that the DPP has maintained its independence in the legal system.
"How is it that innocent people like me get to be on the travel ban but these officers (suspects) are allowed to go?
The police have charged their own for the Malasebe case which happened after the Verebasaga and Rabaka cases," Ms Ali said.
The military suspects have been summoned to appear in court on November 23 while Nayacalagilagi's case is scheduled for November 25.
Rabaka assailants free after only weeks of a four-year jail sentence in Fiji 05:12 on 06 May, 2009 UTC
Eight soldiers and a police officer convicted of killing a teenager in Fiji have been released after being sentenced in March to four years and four months in prison for his manslaughter and assault.
In January 2007, Sakiusa Rabaka and two other youths were taken to the Black Rock military site on the outskirts of Nadi where they were detained for eight hours, tortured, stripped and assaulted.
The nineteen-year old died about a month after his detention.
The Public Prosecutions Office in Lautoka says it is not common for people to be released so quickly after being sentenced for such serious crimes.
But the lawyer for the men, Haroon Ali Shah, says they have been released under a community service order, which is not unusual.
“They’re back in the community you know, they go about. I don’t know if they have been absorbed into the service, that I’m not aware of. But obviously apart from the restrictions, as per the warrant, it’s a special warrant it would have the conditions under which they are released, reporting, monitoring, reporting to perhaps a police station or a probation officer, or something to that effect.”
News Content © Radio New Zealand International. PO Box 123, Wellington, New Zealand
Fiji Law Society says early release of men convicted of killing teenager unusual 06 May, 2009 UTC
The president of the Fiji Law Society, Dorsami Naidu, says it’s highly unusual that the eight soldiers and a police officer convicted of killing a teenager have been released so soon after they were sentenced to four years in prison.
19 year-old Sakiusa Rabaka died about a month after he was detained and assaulted at a military site in Nadi in January 2007.
The nine men were sentenced in March to four years in prison for his manslaughter and four months for assault but have since been released under a community service order.
Mr Naidu says the severity of the offences should have been considered before their release.
He says the imprisonment of the soldiers may have been one of the reasons behind the abrogation of the constitution in April.
“That might have impacted on the decision to get rid of the constitution is these guys being sent to prison. These are military officers and the military thinks otherwise but the public feel they have committed a crime and they should be dealt with in the normal way.”
News Content © Radio New Zealand International. PO Box 123, Wellington, New Zealand
Fiji releases guilty soldiers Wed, 6 May11:57:21 UTC+1200 2009
A group of Fijian soldiers and policemen, found guilty of manslaughter following the 2006 coup, have been released from prison, two months after being sentenced.
The eight soldiers and one policeman were to spend fours years in prison after being implicated in the killing of teenager Sakiusa Rabaka, who was beaten to death in 2007.
The nine men were given a conditional release on the order of the minister and the commissioner of Prisons.
The President of Fiji's Law Society Dorsami Naidu says while his organisation supports the rehabilitation of prisoners, he doesn't think this release can be justified.
"One looks at the severity, and the nature of the offence, and sentence. I think in this case it is stretching it a bit thin," he said.
There's been no comment on the release from the interim government.
Father of dead Fiji teenager not surprised those responsible released early 07 May, 2009 UTC
The father of a teenager who was killed by eight soldiers and a police officer in Fiji two years ago says he is not surprised by their early release from prison.
19 year-old Sakiusa Rabaka died about a month after he was detained and assaulted at the Black Rock military site in Nadi in January 2007.
The nine men were sentenced in March to four years in prison for his manslaughter and four months for assault but have since been released under a community service order.
Sakiusa Rabaka’s father, Peni Rabaka, says he would have expected the men to serve at least half the four year and four month sentences they received.
“It’s sad to us and we are not surprised because this is their government, military government, they own the government, they run the government, they do whatever they like to their people. These are soldiers and police, we can’t do much.”
Peni Rabaka says he is confused about what to do now as there is no constitution in place.
News Content © Radio New Zealand International PO Box 123, Wellington, New Zealand
Reports on Fiji justice administration concerning: Smith
Posted Wed May 6, 2009 6:19pm AEST
Foreign Minister Stephen Smith says he is concerned about reports from Fiji that eight soldiers and a police officer recently jailed for manslaughter have been released from prison.
The release follows a new Fijian policy that no police or soldiers will be criminally liable for any deaths they cause in the line of duty.
Mr Smith says Australia is concerned about the administration of justice in Fiji.
"I'm not in a position to confirm the details of those reports that I have seen, but we are very generally concerned about the administration of legal institutions and justice in Fiji," he said.
"The starting point of the abrogation of the constitution was Commodore Bainimarama refusing to accept the decision of the appeal court."
Mr Smith has been meeting with his Belgian counterpart, who has confirmed the European Union will continue the suspension of its sugar subsidies to Fiji.
Fiji: no justice for Sakiusa Rabaka
In January 2007, a month after the Fijian coup, a group of men were detained by the Fijian army on suspicion of buying marijuana. They were taken to a military camp where they were stripped, beaten, and forced to rape one another for the amusement of soldiers. One of them, Sakiusa Rabaka, was beaten so badly he died. In March, eight soldiers and a former police officer were sentenced to four years' imprisonment for their role in the killing. But word is now emerging on the Fijian blogs that thanks to the military's abrogation of the constitution, those murdering torturers have been released.
And so the Fijian military protects its own. It's not the first time - Bainimarama himself ordered the release of his son-in-law, Commander Francis Kean, after he had been convicted of manslaughter for beating someone to death at a wedding. But the precedent it sets is astounding. Thanks to the coup, Fiji's military thugs are now above the law, able to beat, rape, torture and kill with impunity.
And the Maori Party thinks these people are merely "misunderstood" and that we should negotiate with them? Would they negotiate with the torturers of Abu Ghraib as well?
Posted by Idiot/Savant at 5/05/2009 04:21:00 PM
Forced sex By MERESEINI MARAU Wednesday, February 11, 2009
SOLDIERS forced a group of men to perform oral sex on a friend while they were tortured in a military camp two years ago.
Giving evidence in the trial of a police officer and seven soldiers accused of murdering Sakiusa Rabaka, Votualevu resident Josua Saunaqali told the court of the torture.
Saunaqali said he was subjected to military torture. He was ordered to strip to his underwear and perform oral sex. During the examination in chief by State lawyer Wilisoni Kuruisaqila, Saunaqali said he and three friends including Rabaka, were taken to the Black Rock camp on the night of January 24, 2007, on suspicion of buying marijuana.
Saunaqali said it was not the first time he had gone to Black Rock as he had been taken there earlier in the day and subjected to similar treatment.
At Black Rock, Saunaqali said they were told to strip to their underwear and made to run to three points at which three of the accused were waiting to whip them.
When they failed to keep up with the pace, they were beaten. They were made to duck-walk carrying a piece of timber. They were also made to crawl on their stomachs without using their arms.
While all that was going on, Saunaqali said the beating and kicking continued.
He said it was obvious Rabaka was not able to stand the torture.
The court heard Rabaka was groaning in pain but the accused continued to torture him.
Saunaqali said they pleaded with the accused to stop torturing Rabaka because he was just a young boy but their pleas appeared to fall on deaf ears. Saunaqali said at one stage, when he could not complete the drill, one of the accused, Patrick Nayacalagilagi, came and kicked his chin.
"I saw stars," he said. And then they were told to have their shower.
"They told us that drinking on Sunday was not allowed," Saunaqali said.
He said that was when a vehicle arrived with one of their friends in it. He was unconscious.
Saunaqali said Nayacalagilagi ordered him and another friend to perform oral sex on their unconscious friend.
He said he recognised rugby player Napolioni Naulia as part of the squad.
After that they were taken to Namaka Police Station where they were made to wait for hours.
At the station, Saunaqali and Rabaka were told to sleep in the police bure while their friend, Alekisio Ratuvou, was forced to drink yaqona with the policemen.
They did not go home until 5am on January 25.
Before they went home, Saunaqali said Nayacalagilagi, who had taken down their statement, read it back to them and tore it up right before their eyes before throwing into a rubbish bin.
"He warned us that if we told anybody of what happened at Black Rock, they would come after us. He told us there was nothing we could do about it as it was covered under the amnesty."
Saunaqali, when cross-examined by defence lawyer Haroon Ali Shah, said he did not report the incident or tell anyone about it.
He said it was about a month later when police came to him about Rabaka that he gave his statement of the account of the day in question.
The trial of before Justice Daniel Goundar resumes today
Terrorist Frank : Did you consult the Verebasaga and Rabaka families before releasing your murderers to kill more citizens? May 6, 2009
By VICTOR LAL
In opposing the Reconciliation, Truth and Unity Bill, the dictator goon, Frankstein Bhainimarama, had the following to say in July 2005 against the Qarase government:
“Instead of teaching our people about the rule of law, and about democracy, and about the Constitution the exact opposite is done. They are told that it is okay to have two sets of rule in the hope that they will be appeased and not only get their votes but, using the race issue, guarantee continous leadership…The Bill when passed because it endorses the release of the perpetrators of the coup endorses the events of 2000 and consequently neutralizes the military, the same military that has brought stablity to this nation of ours.”
He went on to argue that “the passage of the Bill will bring about a situation where there is no rule of law. The most dangerous thing would be to have no one in charge where there is no rule of law”.
Bhainimarama told the nation: “The events of 2000 have not left us. They only way we can let go of the past and reconcile is to take people who are responsible for the events of 2000 to task, investigated, sentenced and serve their time in jail. The release of these people under some pretence of political crime should not be endorsed by the people of this nation as a form of reconciliation. One keeps hearing about the release of people who have committed criminal acts because of their political beliefs. This for everyone’s information is the international definition of a terrorist. Are we saying that we should condone terorism? Hell no! Have the victims been asked their views about the release of these prisoners? No, because we all depend in (sic) the judicial system to do the right by us.”
The RFMF, the 2006 coup terrorist, went on to state, “is going to do its outmost to ensure that this bill does not see the light of the day”.
Now, you goon, did you and Khaiyum, who has been dubbed “Adolf” of Fiji consulted the Verebasaga and Rabaka families? NO!!!!! Why NOT?
It is time the people of Fiji should stand up and ensure that the likes of Bhainimarama, Khaiyum and others were neutralised before more innocent citizens are killed.
The murderers have been released to appease the military and to warn critics that if they open their mouths, they will be murdered by the military goons with impunity.
But we must NOT fear the cowards anymore - its time Daniel Gounder, who happily agreed to sit as a Judge, and who sentenced the murderers, spoke out. If not, he should never return to practise law in any jurisdiction. He must, to use Bhainimarama’s own words, speak out, and champion for the rule of law.
Murderers and tyrants, as Mahatma Gandhi once said, have no place on this earth. They are vendors of death, supping with the Devil.