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Commission calls for independent investigation into death in military custody

Commission calls for independent investigation into death in military custody
The Fiji Human Rights and Anti-Discrimination Commission calls for a prompt and independent investigation into the death of Jone Vakarisi in military custody ensuring accountability where breaches of law are found.

Commission Director, Loukinikini Lewaravu
is concerned by reports of the recent death.

She says any loss of life in custody is a matter of exceptional gravity, regardless of the circumstances that led to arrest or detention.

Lewaravu says persons deprived of their liberty are in a position of vulnerability and are owed the highest of duty of care by the
state.

She adds the Fijian Constitution provides clear protections for every person. 

The Commission Director says Section 8 is a fundamental right that means every person has the right to be protected from the unlawful or arbitrary taking of life.

Section 11 protects the right to life and guarantees freedom from torture, cruel, inhuman, degrading or disproportionately severe treatment. 

Section 13 guarantees the rights of arrested and detained persons, including humane treatment and respect for dignity.

Lewaravu says these guarantees are strengthened by Fiji’s obligations under the International Covenant on Civil and Political Rights and the Convention against
Torture.

She says international law requires States to prevent torture and illtreatment, protect persons in custody, and ensure prompt, independent and effective investigations whenever a custodial death occurs.

Lewaravu says a place of detention must never become a place of fear, abuse or impunity.

The Commission Director says public confidence in institutions depends on transparency, adherence to the rule
of law, and accountability where rights have been violated.

The Commission confirms that it is actively monitoring the situation and stands ready to exercise its mandate as necessary.

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