Impunity Watch: Oceania

BRIEF: Maori Concerned Over Clause in Land Bill

AUCKLAND, New Zealand - Maori have worked for six years toward getting Mount Maunganui, known by the Maori name Mauao, given back to them.  Mauao is an extinct volcanic cone that rises above the town of Mount Maunganui, a suburb of Tauranga.  Mauao is a former Maori pa, a fortified village from the 19th century or earlier.

The proposed bill would hand over Mauao to three Maori iwi.  ["Iwi" is a term roughly similar to "clan".]  A clause in the proposed bill seems to suggest that the Crown would still own Mauao after the handover.  The Crown claims that the clause at issue refers only to public safety and that the Crown will take responsibility if someone gets injured on the mountain, which is a popular hiking spot open to the public.

There is also some controversy over the Waitaha iwi's participation in management decisions but not ownership, according to Radio New Zealand.

For more information, please see:

Radio New Zealand - Iwi debate Mt Maunganui ownership - 31 December 2007

Stuff.co.nz - Iwi take issue with clause in handover bill - 31 December 2007

Moti Extradited to Australia to Face Rape Charges

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

HONIARA, Solomon Islands - Julian Moti, former attorney general for the Solomon Islands, was extradited to Australia on Thursday, where he was promptly arrested.  The Fiji-born Moti is an Australian citizen who is facing a charge of child sex tourism for an incident in Vanuatu in 1997.  Moti eluded Australian authorities in Papua New Guinea before fleeing to the Solomons, where he was made attorney general.  However, last week the government changed over and the new government is not as friendly to Moti as their predecessor and has said for their entire campaign that they intended to return Moti to Australia.

Moti has maintained throughout the affair that the charges were dropped in Vanuatu and that the Australian government has been pursuing the charge for racial or political reasons.  [There is some debate over the actual case status in Vanuatu regarding whether the charges are pending or lapsed.  Please see the Impunity Watch report here for more.]  He is not well-liked in Australia, and a recent article in The Australian described him as "better known for hubris than any show of humility."

Moti's supporters rallied at his house on Thursday, confronting police and immigration officers who had come to escort him to the airport, delaying Moti's departure for an hour and a half.  He was flown to Brisbane, where he was detained by Australian Federal Police, who handed him over to Queensland police.

After his arrest, Moti reiterated his belief that the charge against him is political and nature.  He has accused the Australian Federal Police of coaching witnesses and claims that he has not been given adequate time to raise his defense.  He is charged with engaging in sexual intercourse with a person under sixteen years of age, which has a maximum penalty of seventeen years of imprisonment.

Former Solomon Islands prime minister Manasseh Sogavare, who appointed Moti, has accused the Solomons government of "evading law and proper procedures" in the deportation process "merely to please Australia," according to the Solomon Times.  Sogavare said that international human rights protocols were not observed, and that it was improper for the same judge to hear the case on appeal.

For more information, please see:

The Australian - Moti arrested at Brisbane airport - 27 December 2007

The Australian - Moti faces court after eviction - 28 December 2007

The Australian - "Victim of political conspiracy" - 28 December 2007

Solomon Times - Sogavare Accuses Government on Moti Deportation - 28 December 2007

Solomon Times -  Moti to Face Rape Charge - 28 December 2007

Sydney Morning Herald - Moti forced onto Brisbane flight to face charges - 28 December 2007

BRIEF: Police Not Above the Law, says Weicavu

SUVA, Fiji -- At several points during the course of this year Fijian police and governmental officials have been charged with acting beyond the confines of the law.  On 26 December, however, Assistant Police Spokesman, Corporal Josaia Weicavu, told Fiji Times reporters that no one is above the law.  His remarks came after reporters asked him about an incident involving a police officer beating two children in Suva.  Weicavu said that he had not been personally aware of the incident, but that if it did happen that police officials should always follow official rules of engagement. 

The incident in question occurred on 25 December, when a police officer exited his highway patrol vehicle outside of the Fiji Visitors Bureau office and proceeded to belt two boys who was standing on the street corner. 

When Weicavu became aware of the incident he issued his strong warning that police should not take the law into their own hands and that beating members of the public would not be condoned. 

For more information, please see:
Radio New Zealand International -- Police officers issued a stern warning -- 26 December 2007

Fiji Times -- Police: No one is above the law -- 26 December 2007

BRIEF: Samoan Assistant Police Commissioner Charged With Assault

APIA, Samoa - An assistant police commissioner was charged with five crimes, including three counts of indecent assault, in October.  The court has lifted the name suppression order and revealed that the defendant is Moto'otua Tiatia.  Judge Tauiliili Schuster lifted the order because of public interest in the case, reports Radio New Zealand International.

Two policewomen filed complaints against Tiatia in late May, alleging that he tried to rape them.  Police commissioner Papali'i Neru said that the public should not believe that senior police officers are abusing their positions to sexually assault their female colleagues, despite this case.

Tiatia has pled not guilty to all five charges he is currently facing.

Another senior police officer faced charges of indecent assault and rape after a woman alleged that she was raped while in custody in June of last year.

For more information, please see:

SamoaLive News - Commissioner Silent on Charges against Assistant - 23 November 2007

Radio New Zealand International - Samoa assistant police commissioner yet to enter plea on assault charges - 28 November 2007

Radio New Zealand International - Assistant police commissioner in Samoa facing sexual charges to enter plea - 21 December 2007

Samoa Observer - Senior cop facing sexual charges - 22 December 2007

Radio New Zealand International - Senior police officer in Samoa pleads not guilty to 5 charges, including 3 of indecent assault - 23 December 2007

Radio New Zealand International - District Court in Samoa lifts name suppression of senior police officer facing charges - 26 December 2007

BRIEF: Indonesian Admits Involvement in Human Trafficking

TOKYO, Japan - Indonesian national Carrand Tangka is on trial in Chiba district court in Japan on charges of human trafficking.  He admitted to all the prosecutor's charges and faces a four-year jail sentence.  The verdict will be handed down on 21 January.

Tangka was a flight attendant for Garuda Indonesia, and is accused of using that position to smuggle three people into Japan illegally.  While he admitted to the charges, he claims that he did not willingly violate the law.  His defense lawyer argued for a lenient sentence based on the fact that it is Tangka's first offense, that he has young children in Indonesia, and that he may lose his job if he is jailed for a prolonged period of time.

For more information, please see:

Japan Times - Embassy staffer held for illegal entry - 02 November 2007

Antara News - Indonesian admits charges on human trafficking - 24 December 2007

BRIEF: Moti Loses Legal Bid to Prevent His Deportation

HONIARA, Solomon Islands - Julian Moti was sacked as Solomons Attorney General on Monday, and is expected to be deported to Australia on Thursday (27 December) at the latest, according to Solomons Immigration Department permanent secretary Jeffrey Wickham.

Moti filed an application to stay his deportation, but it has been denied.  He argued that since he was granted asylum in the Solomons he should be protected under the Solomons constitution.  However, the judge ruled the application out of order since Moti's asylum protection was dependent on his remaining attorney general and it was clear at the time that the new government intended to remove him from that position.

Still concerned that Moti may attempt to escape, Papua New Guinea has issued an order to its airlines and port authorities that Moti is to be turned away from PNG.  Fiji, on the other hand, has made it clear that Moti will be allowed entry should he seek sanctuary in Fiji.  Fiji Immigration Director Viliame Naupoto said that Moti has a right to enter Fiji because he was born there.

For more information, please see:

ONE News - Moti loses legal bid to prevent deportation - 23 December 2007

Radio New Zealand International - Moti dumped as Solomons' Attorney General - deportation process underway - 24 December 2007

The National - PNG bans Moti - 24 December 2007

Fiji Village - Moti has right to come to Fiji - 24 December 2007

The Age - Solomons set to deport Moti - 25 December 2007

For more information on the Moti affair, 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, and Moti's fear of assassination attempts.

Tahitian Lawyer Investigated in Connection With Missing Journalist

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

PAPE'ETE, French Polynesia - Investigators searched the offices of Jean-Dominique des Arcis and seized documents believed to be related to the 1997 disappearance of journalist Jean-Pascal Couraud.  Des Arcis used to work with Couraud, and recently gave conflicting reports of what happened around the time of the disappearance.

Couraud, former editor of Les Nouvelles de Tahiti (a Tahitian newspaper), disappeared in 1997, and authorities declared it a suicide at the time.  In October 2004, however, former spy Vetea Guilloux testified during France's Clearstream scandal that Couraud was in fact killed by drowning during a horrendous interrogation by the Polynesian Intervention Group (GIP).  [GIP was a police unit under the command of then-president Gaston Flosse to monitor the government's political opponents.]  Guilloux changed his testimony a few times, first saying that he was present at the interrogation, and later saying that he had only overheard two GIP colleagues, Tino Maraa and Tutu Manate, boasting about it.  He then retracted the murder claim altogether, only to reiterate during his appeal that Couraud had been murdered.

There have been rumours that Couraud was killed because he had information on then French president Jacques Chirac's involvement in "questionable dealings" related to the Clearstream affair, according to the New Zealand Herald, while other rumours give a series of articles that portrayed Flosse in an unflattering light as the reason for Couraud's disappearance.

In response to Guilloux's testimony, Couraud's family filed a murder complaint against unknown persons for Couraud's death.  Couraud's brother Phillipe told the New Zealand Herald that he does not believe his brother's death was ordered by either Chirac or Flosse, but that he believes Jean-Pascal was accidentally killed during GIP questioning.

The probe was about to be closed this November because the first investigative judge did not find any evidence of murder.  Couraud's family appealed this finding, and a new investigative judge will be appointed to continue the inquiry.  Phillipe Couraud said, "We really think things will change and we will get to the end of this.  In the file, what we have are a lot of declarations of people who were not friends but colleagues [of the alleged killers], who have heard people from the GIP telling the story of the assassination.  [...]  Twelve people came to see us and said 'hey, your brother has been killed by these people.' "

Reporters Without Borders has been calling on the French government to get to the bottom of the case:

"Recent developments suggest the inquiry into [Couraud's] presumed death can now move forward.  It is urgent, morally and legally, that all elements in this case are revealed.  The French authorities must not provide an argument for those who think French Polynesia is a place where shady deals are done or the law can be flouted."

For more information, please see:

Radio New Zealand International - Reporters Without Borders calls for Couraud case to be probed - 13 December 2007

Scoop (Reporters Without Borders) - France Urged To Act In Case Of Missing Journalist - 16 December 2007

Radio New Zealand International - Lawyer's office searched in case of missing French Polynesian journalist - 20 December 2007

New Zealand Herald - Journalist's death poses questions, 10 years on - 23 December 2007

New Solomons PM to Deport Moti

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

HONIARA, Solomon Islands - Newly elected prime minister Dr. Derek Sikua has said that current attorney general Julian Moti will be deported to his native Australia to face child sex charges there.  In his post-election press conference, Sikua said that "Moti, an Australian citizen, will be sent back to Australia."  He further stated that a new minister for immigration will sign the necessary documents to repatriate Moti.

The new government cabinet was sworn in today, and will discuss how to handle Moti's deportation over the weekend.  Sikua said that he is considering deporting Moti on the grounds that he is "an undesirable immigrant" rather than working through Australia's long-standing extradition request, since it would be a shorter process.

Moti did attend Sikua's swearing-in and offered his services to the new prime minister.  According to The Australian's sources, Moti was told, "We'll call you if we need you" and asked to return to his office.

Rumours that Moti plans to escape to Fiji have flourished, and Solomon Islands police are watching his movements.  However, Moti does not seem ruffled by Sikua's pronouncements, telling the Solomon Star that he is still working as attorney general for the Solomon Islands, at least until the new government makes a decision about the position.

Sikua seems eager to rebuild the relationship between the Solomon Islands and Australia, which had deteriorated in the past year.  In addition to his statement regarding Moti, a hot issue between the two nations, he has also said that he will work with the Regional Assistance Mission to the Solomon Islands (RAMSI), an Australian-led peace keeping force which former prime minister Manasseh Sogavare constantly attacked and tried to have removed from the Solomons.

"We can be trusted with RAMSI," Sikua told the press.  On his attitude toward Australia, New Zealand, and other Pacific Island Forum countries, Sikua said, "We will work to re-establish mutual respect and the warmth that once characterized our relationships with these countries."

For more information, please see:

The Australian - New Solomons PM to return Moti - 21 December 2007

Solomon Times - New Government to Deport Attorney-General Moti - 21 December 2007

Radio Australia - Solomons new PM improves Australian relations - 21 December 2007

Radio New Zealand International - Julian Moti says he is still working as Solomon Islands attorney general - 21 December 2007

Sydney Morning Herald - PM's ascension is Moti's misfortune - 21 December 2007

Sydney Morning Herald - I'm still Solomons attorney general, Moti says - 21 December 2007

For more information on the Moti affair, 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, and he found the inquiry to be illegal at the end of October.  The issue is on appeal in the PNG court system, barring public debate at this time.

BRIEF: Ballu Khan Remains in Hospital

SUVA, Fiji -- Ballu Khan, the New Zealand business man who was implicated in the attempted assassination plot of interim Prime Minister Frank Bainimarama, was not released from the hospital yesterday as he was originally expected to be.  Khan has been at the Suva Private Hospital for the past few weeks after his skull was fractured and his was broken by Fiji police officials during an interrogation.  While Khan has remained a suspect in the attempted assassination of the interim PM, he has still not been formally charged and the police have not gotten an opportunity to question him due to the extent of his injuries. 

QC Peter Williams, Khan's lawyer, filed civil charges against the interim government over the injuries sustained by Khan.  Williams released a statement yesterday that he believed the $40 million lawsuit was progressing well.  Asked whether he thought that his client could receive a fair hearing, Williams responded, " that it was essential to have trust in the rule of law”.

For more information, please see:
Radio New Zealand International -- Fiji businessman to be released from hospital tomorrow -- 20 December 2007

Fiji Broadcasting Corporation Limited -- Khan's lawsuit progressing well - QC -- 21 December 2007

Pacific Magazine -- Khan Still in Hospital, Still not Charged over Assassination Claims -- 21 December 2007

BRIEF: Sikua Elected Solomons PM

Dr. Derek Sikua

Prime Minister, Solomon Islands

photo from the National Parliament website here

HONIARA, Solomon Islands - Dr. Derek Sikua was elected Prime Minister of the Solomon Islands today.  The former opposition group, now the Coalition for National Unity and Rural Advancement (CNURA), received 32 of 47 votes cast this morning.  Sikua will be sworn in tomorrow.

Sikua has only been in parliament for a year and a half, and served as education minister in the Sogavare government before defecting in November.  He holds a Ph.D. in educational decentralization and has previously served in a variety of high positions in the ministry of education.

Fred Fono is expected to be named deputy prime minister tomorrow.

For more information, please see:

Solomon Times - New Prime Minister for Solomon Islands - 20 December 2007

Islands Business - Dr Sikua is Solomon Islands new PM - 20 December 2007

Radio New Zealand International - Solomons parliament elects Sikua as new PM - 20 December 2007

The Australian - Sikua elected new Solomons PM - 20 December 2007

National Parliament of the Solomon Islands - official website entry for Dr. Sikua

For background information on the political crisis in the Solomon Islands that led to Sikua's election today, please see the Impunity Watch articles on last month's defections, the continuing instability, the heated arguments, and the successful no confidence motion against the Sogavare government last week.

For more information on the Moti affair, a key element of CNURA's argument against the Sogavare government, 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, and he found the inquiry to be illegal at the end of October.  The issue is on appeal in the PNG court system, barring public debate at this time.