Impunity Watch: Oceania

PNG Defense Minister Finds Moti Inquiry Illegal

By Sarah C. LaBelle
Impunity Senior Desk Officer, Oceania

For background on the Moti affair and its effect on the region, please see the Impunity Watch reports on Moti's appointment as attorney general for the Solomons, PNG government involvement in Moti's escape, the Vanuatu case status, Australia's extradition attempt and the missing PNG inquiry report, PNG court refusal to suppress the inquiry report, and Moti's fear of assassination attempts.  The inquiry report itself was released to Dade on 28 September.

PORT MORESBY, Papua New Guinea - Defense Minister Bob Dadae has officially rejected the Moti inquiry report, which implicated Prime Minister Sir Michael Somare in Julian Moti's escape from Papua New Guinea to the Solomon Islands last year.  At the time, Moti was to be extradited to Australia to face charges under the Child Sex Tourism amendment to the Australian Crimes Act.  Moti is an Australian national.

Dadae claims that the PNG Defense Board of Inquiry was created in a way that contradicted the Defense Act because it was not led by a member of the military, but by National and Supreme Court Justice Gibbs Salika.  He further argued that the Board of Inquiry over stepped its jurisdiction and that it was biased.  Dadae said that the defense minister at the time the board was created, Martin Aini, proceeded against the advice of Defense Secretary Fred Punangi.

On January 17 of this year, Punangi wrote to both Aini and the acting attorney general.  The National quoted an excerpt of Punangi's letter to Aini which read, "The legal effect of proceedings before an unlawfully-created 'Board of Inquiry' is that the inquiry proceedings will result in nullity.  The findings and conclusions of the 'Board of Inquiry' cannot be recognized in law.  That is, they would not be binding and legally enforceable before a court of law.  Hence, no one can be compelled to comply with the recommendations of the 'Board of Inquiry'."

In throwing out the inquiry report, Dadae said, "In my decision as a matter of principle to ensure proper application of the rule of law and so that the integrity of government institutions are protected, I consider that none of the findings of the report should be accepted, and none of the recommendations implicated."  He stated yesterday that the "Motigate" affair was not complicated and that people did not understand the "relevant facts and circumstances".  He refused to take questions from reporters after that press conference.

When asked to clarify whether his decision meant that those implicated in Moti's escape were "free", Dadae said, "I will not make any statement on the report itself [...]  The constitution of the board members was in breach of law, I had not considered what is in the report, on the grounds that the composition of the board was not legally constituted."

A Post-Courier reporter asked whether the decision to throw out the inquiry findings would reinforce the perception that there are separate laws in PNG for its citizens and its leaders.  Dadae would not comment.

Meanwhile, Opposition is calling for further inquiry into the matter.  Opposition MP Bart Philemon said, "It's been twelve months now.  [The Government has] tried all sorts of mincing ways to sweep this under the carpet.  It won't go away."  He said that a legally constituted board of inquiry should be convened to continue examining the Moti affair.

For more information, please see:

The National - Moti inquiry illegal - 31 October 2007

Islands Business - PNG: Defence minister rejects Moti inquiry report - 31 October 2007

Radio New Zealand International - New PNG defense minister throws out Moti probe findings - 31 October 2007

Mission & Justice - Minister rejects Moti report - 31 October 2007

Fiji Broadcasting Corporation - PNG minister rejects findings against Moti - 31 October 2007

The Age - PNG defence minister rejects Moti report - 31 October 2007

Australian Broadcasting Corporation - PNG Defence Minister rejects Moti report - 31 October 2007

Australian Broadcasting Corporation - PNG Opposition wants inquiry into Moti affair - 31 October 2007

Fiji Military, Police Personnel Charged with Murder of Civilian

By Ryan L. Maness
Impunity Watch Reporter, Oceania

SUVA, Fiji -- Radio New Zealand International is reporting that eight Fiji soldiers and one Fiji police officer have been charged with the murder and of assault causing actual bodily injuries of Nadi teenager Sakiusa Rabaka earlier this year.  A DPP statement said that they have been having difficulties in processing the suspects who will now appear in court on November the 23rd.  The DPP had decided to file charges at the end of last week, when they discovered that the suspects were preparing to leave for Iraq. 

The soldiers and the police officer who were charged with the murder were all on a military transport plane bound for Iraq, when an official from the Office of the Director of Public Prosecution presented a court order that compelled them to get off of the plane.  Military officials have accused the DPP of acting improperly by taking the suspects off the plane so soon before they were going to join the UN Mission in Iraq.  Military spokesman, Lt. Col. Mosese Tikoitoga, said that the army was given no prior warning that the suspects were going to be charged and that the sudden arrest caused an undue hardship on the suspects' family.  The suspects were already given their overseas orders, Lt. Col. Tikoitoga said, taking them off the plane so late put both them and their families in a bad situation.

Sakiusa Rabaka's mother, meanwhile, is wondering why the suspects of her son's murder were nearly allowed to sneak out of the country.  She also wondered why a police officer was being sent to a military mission in Iraq.  She is grateful, however, that the suspects did not escape and that they world be known to the world.

Lt. Col. Tikoitoga was quick to retort that it is not uncommon to send police personnel along with military units.  When asked by the Fiji Times if it was suspicious that the only police officer on the plane was a suspect in a murder investigation, Lt. Col. Tikoitoga responded, "'What's suspicious about it? We have sent two prison officers overseas, two police officers left last month, so what's suspicious about this?''

Interim PM Voreqe Bainimarama also weighed in on the controversy insisting that the DPP had no right to take the nine men off of the plane because they have not yet been charged.  Insisting that the media was incorrect to report that the suspects had been charged, Bainimara said,"I cannot stop people from listening to people like you (media saying this 'guy' is a suspect."  A spokesman for the Fiji Police Department, Sikeli Ligairi, confirmed that while the men had been summoned for questioning, his office had not yet received any orders to issue formal charges. 

For more information, please see:
Radio New Zealand International -- Fiji - 8 soldiers, 1 police charged with Rabaka murder -- 29 October 2007

Radio New Zealand International -- Fiji army hits out at DPP over murder charges -- 29 October 2007

Fiji Times -- Nothing suspicious, says army -- 30 October 2007

Fiji Times -- Rabaka family query army mission-- 30 October 2007

Fijilive -- PM defends murder suspects -- 30 October 2007

Papuan Human Rights Lawyer Arrested Over Text Message

By Sarah C. LaBelle
Impunity Watch Senior Desk Officer, Oceania

JAKARTA, Indonesia - Papuan human rights lawyer Sabar Iwanggin was arrested last Thursday, allegedly by members of Indonesia's anti-terrorism police unit, Detachment 88.  His colleagues at Elsham, a human rights organization, reported that Iwanggin appeared to have been arrested for forwarding a mobile phone text message said to be insulting to the Indonesian president Susilo Bambang Yudhoyono.

Adnkronos International reports that the text message reads, "The president has an agenda of wiping out Papuans by poisoning food and hiring members of the army as doctors, restaurant workers, and motorcycle taxi drivers to kill Papuans."  Activists in Jayapura claim that this message has been in circulation since July of this year, and that thousands of Papuans have received it.  Iwanggin is not the originator of the text message.

Police in Jayapura, where Iwanggin was arrested, denied that he was arrested by Detachment 88 forces and stated that the arrest was criminal in nature.  Iwanggin has been charged with offending the president and inciting disorder, which carries a penalty of six years in jail under the criminal code.

Matthew Jamieson, with the Institute for Papuan Advocacy and Human Rights, questioned the propriety of the involvement of Detachment 88, despite the repeated police denials that this unit was involved.  "The Detachment 88 has been trained by the Australian government, and funded by Australia.  The training's been funded by the US, too, and they've had a big involvement in it so it seems like an inappropriate use of anti-terror police to arrest human rights workers."

Iwanggin was moved from Jayapura (Papua's main city) to police custody in Jakarta.  Frederika Korin, a lawyer with Secretariat for Justice and Peace, expressed concern over Iwanggin's relocation.  "We are also worried because in the past, several Papuans were taken away from the island and some died due to 'unknown reasons'."

Jamieson echoed this sentiment, saying, "Sabar Iwanggin's arrest, detention, and now transportation to Jakarta Police Headquarters clearly has a trivial legal basis.  His legal and human rights are at risk while he remains in Indonesian police custody charged on this basis."

For more information, please see:

Elsham News Service - West Papuan Human Rights Lawyer arrested by Australian trained Anti Terror Police - 24 October 2007

Elsham News Service - West Papuan Lawyer arrested by anti Terrorism Police is moved to Jakarta - 27 October 2007

Radio New Zealand International - Arrested Papuan Human Rights lawyer moved to Jakarta - 29 October 2007

Radio New Zealand International - NGO questions involvement of Indonesian anti terrorism police in arrest over text message - 29 October 2007

Adnkronos International - Indonesia: Activists call for release of Papuan lawyer - 29 October 2007

BRIEF: Solomons Says RAMSI Violated Immigration Laws

HONIARA, Solomon Islands - Foreign Affairs and Immigration Minister Patterson Oti says that RAMSI members have violated Solomons immigration laws by bringing their same-sex partners into the country under the Facilitation of International Assistance Act (FIAA).  While opposite-sex spouses of RAMSI members may apply for a residence fee exemption under FIAA, Oti states that since the Solomon Islands does not recognize same-sex marriage, same-sex spouses or partners of RAMSI members do not qualify for the residence fee exemption.  Oti further stated that members of a mission meant to restore law and order ought to follow the law themselves.

Oti states that this is just one of the ways in which there are separate laws for RAMSI and for Solomon Islanders.  The government will also examine the diplomat-like blanket immunity RAMSI has received under the FIAA, which is currently slated for review.

For more information, please see:

Solomon Times - Review will Strengthen Gov't-RAMSI Partnership: Oti - 26 October 2007

Islands Business - Country's law does not recognise same-sex marriage - 26 October 2007

Updates on NZ Terror Arrests

By Sarah C. LaBelle
Impunity Watch Senior Desk Officer, Oceania

WELLINGTON, New Zealand - Last week, New Zealand police conducted terrorism raids, and caught seventeen prominent Maori activists, environmentalists, and anarchists in their sweep.  (For more background, please see the Impunity Watch report here.)  The police have been heavily criticized, and their conduct has been dubbed both racist and politically motivated, despite some toning down of that criticism earlier this week.

The uproar continues as the arrestees are charged with offenses.  New Zealand Prime Minister Helen Clark has refused to make a statement on the police operation, except to say that it would be judged "on the strength of the evidence."  Clark, National Party leader John Key, and United States President George W. Bush were all alleged to have been targets of the threats recorded by the police during the investigation leading up to the arrests.

Jamie Lockett, one of the arrestees, said that the war threats were a deliberate "wind-up" designed to thwart a year-long investigation into alleged terrorist activities.  While Lockett and his companions claim that it was all a hoax, the police are still convinced that their actions were in the best interests of public safety.  On Wednesday, the New Zealand Herald reported that Lockett has been badly beaten while in jail and has refused to name his attacker or describe any of the details to police or to prison staff.

Perhaps the most prominent of those arrested is Maori activist Tame Iti.  About 500 protesters gathered outside Rotorua District Court to show their support during court hearings on Thursday.  The court approved the government's application to remove Iti's case and two others from Rotorua to Auckland to be heard with the rest of the cases.  Annette Sykes, Iti's lawyer, told the press that it is likely that Iti will appeal the decision.

Omar Hamed, one of the seventeen arrested, is a member of a Palestinian rights group and founded an anti-capitalist organization.  He is a 19-year old of Palestinian descent, born in Greece, and a second-year history student at Auckland University.  He is facing a variety of firearms charges.

Some groups have set up Civil Rights Defense as a support website for the seventeen arrested in the raids.  It contains information on the history of the Tuhoe tribe (of which many of the arrestees are members), the Terrorism Suppression Act, the raids themselves, and planned events to demonstrate support.

For more information, please see:

New Zealand Herald - Tame Iti kept behind bars - 17 October 2007

New Zealand Herald - Raids set Maori-Pakeha relations back 100 years - Sharples - 18 October 2007

ONE News - Bitter race row over police raids - 18 October 2007

Scoop - Hundreds March For "Terror" Accused in Auckland - 20 October 2007

ONE News - Tuhoe say public misunderstand their use of guns - 21 October 2007

Stuff.co.nz - Bush, Clark and Key were possible 'targets' - 21 October 2007

Stuff.co.nz - Evidence 'will judge raids' - 22 October 2007

International Herald Tribune - Anti-terror raids cause turmoil in New Zealand - 22 October 2007

New Zealand Herald - Police-raid opponents tone down criticism - 22 October 2007

Scoop - What The Terrorism Suppression Act Actually Says - 23 October 2007

ONE News - Maori party criticises govt for raids - 23 October 2007

The Independent - Claims of Maori separatist plot begin to unravel - 23 October 2007

New Zealand Herald - Activist arrested in terror raids beaten in prison -  24 October 2007

New Zealand Herald - Suspect is member of Palestinian rights group - 26 October 2007

New Zealand Herald - Tame Iti's case to be heard in Auckland - 26 October 2007

BRIEF: Fiji High Court Judge Found Fit to Serve Petition Filed to Remove Him

SUVA, Fiji -- The debate over the Fiji judiciary continued yesterday, as Fiji High Court Justice Devendra Pathik ruled that the Fiji Constitution did not preclude him from sitting on the High Court.  The original claim was filed by the lawyer of pro-democracy activist Angie Heffernan, Ratu Joni Madraiwiwi and was heard yesterday.  While Madraiwiwi filed the original claim, he was not able to attend the hearing, he sent junior counsel, who was unable to argue before the court. 

The substance of the claim was that Justice Pathik was, at 77 years old, too old to serve on the court and that his original appointment was only meant to be temporary under the Fiji constitution.  Justice Pathik said that he was appointed by the president and was obligated to hear those cases put before him without fear, favor or ill-will.

In his decision, Justice Pathik said that he had never heard of such nonsense as a senior lawyer sending a junior lawyer to argue that a Justice should be removed.  He said further that the applications was "frivolous and a clear case of the abuse of the process of the court."  He also warned that any other lawyer who attempted such a stunt would be severely reprimanded.

For more information, please see:
Radio New Zealand International -- Fiji High Court judge rejects application to disqualify him -- 24 October 2007

Fiji Times Online -- Activist wants judge off case -- 06 October 2007

BRIEF: Four Charged in PNG Stoning

PORT MORESBY, Papua New Guinea - Four men have been charged with the stoning of magistrate Ivo Cappo.  Cappo was killed earlier this week when he lost control of his car and came to a stop in the Ela Beach camp of West Papuan refugees.  (See the Impunity Watch brief here.)  The four are being charged with willful murder.  Police told Radio Australia's PNG correspondent Steve Marshall that they expected to arrest at least six in connection with the stoning.

The incident has rocked the Papuan refugee community, with some saying that they now fear for their own safety, as Cappo was a well-known figure in Port Moresby.   John Norotouw, one of the Papuan community leaders, said that the killing was not politically motivated.  The Ela Beach refugee camp is located outside of the United Nations Refugee office in Port Moresby, and is a protest against the threatened evacuation of the refugees from their twenty-year home known as 8-Mile.

For more information, please see:

Radio Australia - Papuans fear for safety in PNG capital - 23 October 2007

Radio New Zealand International - Four Papuans charged over shocking death of PNG magistrate - 24 October 2007

Islands Business - West Papuans fear for safety in PNG capital - 24 October 2007

PNG Post-Courier - Four in court on murder charge - 25 October 2007

BRIEF: Fiji High Court Protects Freedom to Publish Public Information

SUVA, Fiji -- Fiji's highest court has issued a ruling that will protect the right to publish governmental or statutory information, no matter how that information is obtained.  The case that brought this decision involved the Fiji National Provident Fund's attempt to prohibit Fiji television from reporting on an audit that was conducted on it by Ernst & Young. 

Justice Roger Coventry, delivering the judgment of the court, said that the public had a right to know about an audit that involved the investment of billions of dollars of public moneys.  Justice Coventry did outline an exception to this broad rule, however: public information can be barred from publication if it can be shown that the publication would not be in the common interest under the strictures of the Constitution. 

For more information, please see:
Radio New Zealand International -- Fiji High court rules Fiji media has freedom to publish information -- 19 October 2007

Pacific Magazine -- Landmark Ruling Protects Public Right to Know -- 20 October 2007

BRIEF: PNG Magistrate Stoned by Refugees

PORT MORESBY, Papua New Guinea - Ivo Cappo, a senior magistrate, was stoned by West Papuan refugees in Ela Beach after he lost control of his car and ran into their camp.  When he exited his vehicle, the refugees rushed him.  None of the refugees were injured.  Police are not releasing information as to whether those involved in the killing have been arrested.

The refugees had been asked to move their camp from Ela Beach last week.  For more on the story behind that conflict, please see the Impunity Watch reports here and here.

For more information, please see:

PNG Post-Courier - Stoned to death - 22 October 2007

Radio New Zealand International - PNG magistrate stoned to death - 22 October 2007

Reuters - PNG magistrate stoned to death for car crash - 22 October 2007

Islands Business (Post-Courier) - PNG: West Papuan refugees stone magistrate to death - 22 October 2007*

*  This is a reprint of the Post-Courier article.

BRIEF: CNMI Nightclub Owner Guilty of Human Trafficking

SAIPAN, Northern Mariana Islands - Nightclub owner Wei Qin Sun was found guilty of human trafficking in U.S. federal district court on Friday.  Sun faces a maximim of 20 years in jail for tricking Chinese women into prostitution in CNMI.  The nightclub, Phoenix Karaoke, was operated as "an illegal commercial sex house" since December 2005, and the victim who brought the case was "hired" in December 2006.  She arrived in Saipan in March 2007.

Trafficking has been part of the focus of the arguments for the federalization of the CNMI immigration system, which is strongly opposed by the CNMI governor and business owners within CNMI.  (For background on this disagreement, please see the Impunity Watch reports here, here, and here.)

For more information, please see:

Pacific Magazine - Nightclub Operator Guilty of Human Trafficking - 20 October 2007

Saipan Tribune - Club operator found guilty of prostitution - 20 October 2007

Saipan Tribune - Federal agents find karaoke joint front for prostitution - 19 August 2007