FIJI: ASSASSINATION PLOT UPDATE; PEOPLE'S CHARTER;

C O N F I D E N T I A L SECTION 01 OF 02 SUVA 000534

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/15/2017
TAGS: PREL PGOV MARR PHUM FJ
SUBJECT: FIJI: ASSASSINATION PLOT UPDATE; PEOPLE'S CHARTER;
JUDICIAL CONFERENCE CONCERNS; FISCAL RATING STABILIZES

REF: SUVA 526

Classified By: Amb. Dinger. Sec. 1.4 (B,D).

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

1. (C) Accused assassination plotter Ballu Khan is now
formally in police custody. He was hospitalized for 11 days
after suffering skull fractures during arrest. We hear at
least one of those detained for the plot has indicated
contingency plans are still in place for action against the
interim government (IG). Interim PM Bainimarama is backing
away from a dialogue with deposed PM Qarase. Invitations
reportedly are being sent out to those who are slotted to
assist in the People's Charter process. A military spokesman
gave further indication that the IG intends major
constitutional changes without engaging in the formal
amendment process. A Pacific judges conference in Tonga
discussed Fiji. The Chair expressed concern publicly that
the IG is pressuring Fiji judges. The conference has
proposed a distinguished American judge to collaborate with
the Forum-Fiji working group on judicial independence issues.
A Fiji NGO used that stimulus to renew the call for the IG
to accept a visit from a UN Special Rapporteur on the
judiciary. Standard and Poors no longer sees Fiji's fiscal
situation as potentially plummeting. It is weak but
"stable." The IG has trumpeted that judgment as confirmation
its economic policies are working. End summary.

Assassination plot update
--------------

2. (U) Fiji businessman and New Zealand citizen Ballu Khan,
who was beaten by security officers while being arrested on
Nov. 3, finally left the hospital on Nov. 14. Police
Commissioner Teleni had stated publicly that Khan's injuries
were minor, but an independent medical examination described
two fractures to his skull and internal injuries. Teleni
late last week had promised the NZ High Commission daily
access to Khan in the hospital, but that didn't happen.
Police took Khan directly from the hospital to interrogation.
Criminal charges are expected shortly. Meanwhile security
teams, some of them reportedly armed, are searching known
Khan properties and other locations for arms and ammunition.
Police say they have found some ammo at two un-disclosed
locations.


3. (C) We hear from a military source that when an officer
entered a cell to interrogate one of those accused in the
assassination plot, the response was spit in the face and a
threat: "You think this is over? It isn't over." The
accused added, "Don't you think we had contingency plans in
place?" The military source said senior RFMF officers, who
have professed publicly that everything is under control, are
very concerned about ethnic-Fijian hotbeds, particularly
Naitasiri and Tailevu Provinces (not far from Suva),and are
monitoring those areas closely.

Bainimarama, Qarase, and the People's Charter
--------------

4. (U) Deposed PM Qarase told the media again this week that
he wants to begin a dialogue with Bainimarama on moving Fiji
back to democracy. Qarase also made clear he is prepared to
lead his SDL party into elections. At the time of the
Pacific Islands Forum in Tonga last month, Bainimarama
indicated he was ready to talk. This week he was negative,
saying Qarase just wants to regain power. Bainimarama said
the best way for Qarase and his SDL Party to contribute is to
participate in the People's Charter process. Reportedly,
President Iloilo signed invitation letters this week to those
invited to be on the People's Charter committee. In the
letters Iloilo said he is pleading with Australia and New
Zealand to lift visa bans for those who take People's Charter
roles. Military spokesman Tikoitoga made clear this week the
RFMF belief that changes in Fiji's election system "need to
be made now," and can't wait until after the 2009 elections.
(Note: under the Fiji Constitution, the only legal avenue for
such changes is via the (now suspended) Parliament
undertaking constitutional amendments.)

Pacific judicial conference addresses Fiji
--------------

5. (C) The Pacific Judicial Conference held in Tonga last
week discussed Fiji repeatedly. All judges were concerned
about interim government (IG) pressures against judicial
independence, though not all were ready to pass a resolution

SUVA 00000534 002 OF 002


on the issue. In the end, the Conference Chair, Tonga Chief
Justice Ford, made a public statement of concern, noting "the
feedback we're getting from Fiji is that some judges have
come under pressure in breach of the principle of judicial
independence." Ford announced that the Conference had chosen
a distinguished American judge, retired 9th Circuit Chief
Justice Clifford Wallace, to attempt to assist the Fiji
judiciary. The Conference has written to Pacific Islands
Forum (PIF) Secretary General Urwin proposing that Judge
Wallace collaborate with the PIF-Fiji Working Group on the
judicial-independence issue. In response to CJ Ford's media
statement, Fiji Law Society President Fa said the Society
"has not come across any judgment that gives concern that
justice has not been done." Embassy Suva has played a
behind-the-scenes role in encouraging Ford and Wallace to
tackle Fiji judiciary issues.

Renewed call for UN Special Rapporteur
--------------

6. (SBU) The Tonga judicial conference prompted Fiji NGO
activist Angie Heffernan to renew the call for the IG to
permit the UN Special Rapporteur on the Independence of
Judges and Lawyers to undertake an investigation in Fiji.
Interim Attorney General Sayed-Khaiyum has been stalling any
response to the UN request since last June. Sayed-Khaiyum
also has repeatedly delayed announcement of a three-person
panel of distinguished international jurists that is to
investigate IG claims of malfeasance against Chief Justice
Fatiaki, who has been suspended since January. Under an
agreement with the EU, the IG was to get that investigation
under way no later than July. For a while, Sayed-Khaiyum
said charges were ready, pending finding the right jurists.
Lately he claims to have the jurists lined up but is awaiting
the drafting of charges.

Standard and Poors re-rates Fiji
--------------

7. (SBU) Bainimarama and Interim Finance Minister Chaudhry
trumpeted the decision by Standard and Poors to change their
outlook on Fiji from "negative" to "stable" (Fiji's credit
rating did not change.) They said the S&P action was a vote
of confidence in the IG's economic policies. In a press
statement, Bainimarama said "the announcement by S&P shows a
very positive outlook for Fiji contrary to the negative
comments by academics and others." Kyran Curry, the
Australian analyst who led the review of Fiji for S&P, told
us the rating agency's assessment "is not quite as optimistic
as is being reported in the local media." He said the
decision to describe the fiscal outlook as "stable" is
largely based on the fact that Fiji's financial situation has
not spiraled out of control, as feared earlier in the year.
Tourism remains weak but has not suffered the catastrophic
drop some might have feared. Curry said S&P gives Fiji its
lowest possible score for political stability. The agency
remains concerned that political factors could inhibit
economic recovery. For now, however, S&P believes Fiji is in
a weak but stable financial position.
DINGER