FIJI UPDATE 1/18/07 - MORE JUDICIAL AND LEGAL

C O N F I D E N T I A L SECTION 01 OF 02 SUVA 000037

SIPDIS

SIPDIS

E.O. 12958: DECL: 01/18/2017
TAGS: PREL MARR PHUM PINR ASEC CASC FJ
SUBJECT: FIJI UPDATE 1/18/07 - MORE JUDICIAL AND LEGAL
MAYHEM; SDL ASKS FOR U.S. HELP; EC PROPOSES COTONOU
CONSULTATIONS

REF: A. SUVA 36

B. SUVA 35

Classified By: DCM Ted Mann, per 1.5 (B) and (D)

Summary
--------------

1. (C) Chief Justice Fatiaki returned to his office today,
only to be removed by police. The military defied a ruling by
the High Court reinstating Sugarcane Growers Council CEO
Jagannath Sami and removed him from his office. Sami
collapsed during military questioning and was admitted to a
hospital. Bainimarama announced the planned formation of an
anti-corruption commission with broad powers to conduct
surveillance, arrest, detain and prosecute. The SDL Party is
asking the U.S. to lobby for PM Qarase's freedom of movement
within Fiji. The EC announced that it is proposing
consultations with Fiji under Article 96 of the Cotonou
Agreement because of the human rights abuses and breach of
democratic principles in Fiji. End Summary.

CJ Fatiaki Causes a Scene
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2. (C) Accompanied by TV cameras, Daniel Fatiaki went to
his office today in order to demonstrate that he remains on
the job as Chief Justice despite the interim government's
designation of Anthony Gates as Acting CJ. "I don't have
guns," he told reporters. "I only have my conscience. If the
military is serious about the independence of the judiciary
and the rule of law, I have nothing to fear." Fatiaki was
later escorted from his office by police officers, who gave
him a ride home. A senior police official told us Gates
called military headquarters soon after Fatiaki arrived at
his chambers and asked that Fatiaki be removed. The military
asked for police help in convincing Fatiaki to leave. The
officer said police gave Fatiaki a ride home because the
military had impounded his official vehicle during the brief
time he was at the office.

Sami Taken From His Office Despite High Court Ruling
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3. (C) At around the same time Fatiaki was being removed
from his office, a similar scene was being played out in
Lautoka, in Fiji's west. Soldiers asked Sugarcane Growers
Council CEO Jagannath Sami to vacate his office despite
yesterday's decision by High Court Justice Connors that Sami
was to be reinstated (Ref A). Sami was taken to the Lautoka
police station by the soldiers, where he complained of chest
pains and collapsed. He was later admitted to Lautoka
Hospital. A senior police official told us Sami was taken to
the police station in accordance with the recently announced
policy (Ref B) that the military would only in exceptional
cases take persons to military bases for questioning. The
officer said Sami was not beaten and that police officers
were on hand during the questioning.

Bainimarama Announces New Anti-Corruption Commission
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4. (C) Commander Bainimarama announced that legislation
would soon be promulgated to establish an independent
anti-corruption commission. The commission, he said, would
have power to conduct surveillance, and arrest, detain and
prosecute those involved in corruption. Bainimarama said the
head of the commission would report directly to the
President.

SDL Asks For U.S. Help
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5. (C) Peceli Kinivuwai, National Director of the SDL
party, visited the Embassy 1/17 to ask for U.S. assistance in
securing freedom of movement for PM Qarase. Kinivuwai hopes
the U.S. will lobby the interim government to allow Qarase to
return to Suva from Lau, where he is currently in "internal
exile." Kinivuwai said Qarase would like to return to Suva
in order to take care of a number of personal and other
matters. Kinivuwai said Qarase would continue to speak to
the media upon his return to Suva, even if that means being
brought to the military camp for "questioning." (Kinivuwai
told us he himself has been brought to the camp and
interrogated eight times). We promised to inform Washington
of the request.


6. (C) Kinivuwai said he plans to travel to Lau 1/18 to
meet with Qarase. He also has some legal papers for Qarase

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to sign in connection with a lawsuit the SDL intends to file
against the military. Kinivuwai said he hopes to visit
Brussels and New York in the near future in order to speak to
officials at the EU and UN about Qarase's plight.

EC Proposes Consultations with Fiji
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7. (C) The European Commission announced 1/17 that it was
proposing consultations with Fiji under Article 96 of the
Cotonou Agreement. The proposal will now be discussed by the
27 Member States. In a statement, Commissioner Louis Michel
said that, "I have proposed to the EU Member States to take
this step because of the human rights abuses, breach of
democratic principles and lack of respect for the rule of
law. With the welfare of the people of Fiji in mind, we hope
that the situation can be remedied through consultations and
that we can avoid suspension of our cooperation."

Training for Iraq Deployment on the Streets of Suva?
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8. (C) An RFMF press release noted that RFMF personnel
acting as bodyguards for interim ministers were in fact
undergoing "on the job training" in preparation for
deployment in Iraq. According to the press release, "these
personnel will be seconded to the UN in Baghdad as the
Personal Security Detail to the Special Representative of the
Secretary General in Iraq."

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