National security cannot be used as a cover for abuse of freedom: Ali

A human rights advocacy group has called for Police to take the lead in joint operations, with the Republic of Fiji Military Forces (RFMF) assisting only when necessary.

The call by the NGO Coalition on Human Rights (NGOCHR) follows the death of Jone Vakarisi while in RFMF custody.

NGOCHR chairperson Shamima Ali said all civilians must be questioned in Police custody and not at any RFMF camp or facility.

She reminded the State that the right to life is fundamental and that the prohibition of torture and cruel, inhuman or degrading treatment is absolute.

“These protections are enshrined in the Constitution of the Republic of Fiji, including Section 8 (right to life), Section 11 (freedom from torture and cruel, inhuman, degrading or disproportionately severe treatment), and Section 13 (rights of arrested and detained persons),” Ms Ali said.

She said these rights were also reflected in international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Fiji, she added, has also ratified the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT).

“Under UNCAT, there can be no circumstances whatsoever to justify any form of torture,” she said.

The coalition also called on the Fiji Human Rights and Anti‑Discrimination Commission (FHRAC) to investigate the death of Mr Vakarisi and the circumstances surrounding the detention of other individuals.

“Mr Vakarisi was alive when he was taken into custody by the RFMF. His death while in custody warrants the highest level of scrutiny, accountability and urgency,” Ms Ali said.

She said families of other detained men had been forced to publicly plead for access to their husbands to confirm they were alive and safe.

“This is unacceptable, inhumane, and a direct violation of basic human rights,” she said.

NGOCHR also emphasised the importance of strict adherence to established custodial safeguards, including the First Hour Procedure.

This includes informing detainees of the reasons for their arrest, their right to remain silent, access to legal counsel, and timely communication with family members.

“These incidents point to a deeply troubling pattern that risks normalising the use of military power outside clear legal boundaries, particularly in matters involving civilians,” Ms Ali said.

“Fiji’s Constitution is clear about the limits of State power and the protections afforded to every person. Those limits must be respected at all times.”

She added that UNCAT does not allow for any justification of torture or abuse in any circumstances, including during public emergencies or periods of political instability.

“National security cannot be used as a cover for abuse or the erosion of fundamental freedoms. If anything, moments like this demand greater transparency, not less,” she said.

The coalition said Fiji’s history highlights the risks when the RFMF operates without due process and oversight.

“We cannot and must not return to that path,” Ms Ali said.

Meanwhile, the FHRAC has called for a prompt and independent investigation into the reported death of an individual in military custody.

In a statement over the weekend, the commission said it was concerned by reports of the death and stressed the need for accountability where breaches of the law were found.

“Any loss of life in custody is a matter of exceptional gravity, regardless of the circumstances that led to arrest or detention,” the commission said.