Fiji Law Society calls for impartial, effective probe into death in military custody

The Fiji Law Society has called for a “prompt, independent, impartial and effective investigation” into the reported death of Jone Vakarisi while in military custody.

In a statement, the society said it noted with grave concern the death, stressing that any death under the control of State authorities is a serious matter that engages constitutional principles, the rule of law and State accountability.

“Persons deprived of their liberty are under the exclusive care and control of the State and are entitled to the highest standard of protection, irrespective of the character and reputation of the person,” the statement said.

It added that conflicting official accounts about the cause and circumstances of Vakarisi’s death underscored the need for an investigation by the Fiji Police Force that is free of interference and capable of establishing the full facts and identifying responsibility.

“Such an investigation must be capable of establishing the full facts, identifying responsibility, and, where appropriate, commencement of criminal prosecution. Confidence in our administration of justice and State accountability depends on this.”

The society also raised concern about media reports that other individuals taken in for questioning by the military in related operations had alleged torture or ill-treatment while in custody.

“Such allegations, regardless of the outcome of any investigation, are extremely serious and require careful, independent scrutiny,” the statement said.

“Allegations of torture or ill-treatment engage absolute constitutional and legal prohibitions and, where raised, must be investigated promptly, thoroughly and independently, in accordance with the law.”

Citing Amnesty International, the society said a death in custody gives rise to a presumption of State responsibility for a potential violation of the right to life, which can only be displaced by a credible investigation demonstrating compliance with constitutional and legal obligations.

The statement also referenced protections under the Constitution, including the right to life, security of the person, and humane treatment of detainees, alongside Fiji’s obligations under international human rights law, including the International Covenant on Civil and Political Rights and the Convention against Torture.

It said public scrutiny and freedom of expression were essential in cases involving deaths in State custody.

“Freedom of expression and public scrutiny of a death in State custody are essential parts of the rule of law and democratic accountability and must be upheld,” the society said.

In its concluding remarks, the Fiji Law Society emphasised that all State institutions must operate within defined legal boundaries and remain subject to independent oversight.

“A lawful, transparent, and accountable response to this case is essential not only for justice in this instance, but for the protection of constitutional governance and due process in Fiji.”