Decree lessens crime of treason in Fiji
Updated
A new decree gazetted in Fiji this week reduces the penalty for coups and treason. An act of treason once attracted a life sentence. Under this decree it is reduced to 15 years, and one critic says it may even mean no prison sentence at all.
The decree was signed in November 2009 when Brigadier-General Ratu Epeli Nailatikau was vice president. Fiji has been ruled by its latest coup-installed government since December 2006 under the leadership of Commmodore Frank Bainimarama.
Presenter: Geraldine Coutts
Speaker: Dorsami Naidu, President of the Fiji Law Society
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NAIDU: Well when this regime came into power when they took over, one of their reasons given was we want to wipe out the coup culture. Well by doing away with treason and coup offences, by giving such lenient sentences, it seems it's more of an encouragement and it seems we will never get away from this coup culture thing, and this is very unfortunate and I think the regime should really look at all these decrees they are bringing in.
COUTTS: Now then just to get to some of the detail of it this particular decree, the courts can use a mitigating circumstance if you like, to reduce the sentence of treason, and what they're calling good faith and that the Prime Minister or the President or the advisors were mistaken is part of it, so they can mitigate the circumstances now?
NAIDU: I think what this decree is aimed at, I think they've realised after the Pinochet affair and all this that whoever commits coups or treason will be dealt with one day, if not today tomorrow. So I think they're just covering their backs by bringing in things like this so that even if they were charged supposedly if they're still in power or they get themselves charged, they could probably mitigate and even 15 years won't affect them; they would get a suspended sentence or whatever, whatever. I mean this is unjust legislation, it's very unfortunate. We know that the regime's in power, they can decree whatever they want, they filter all information that goes out to the people, so they're able to bring in any legislation without understanding it very well, but manipulating it appears in such a way but not realising the consequences of it for future generations.
COUTTS: It seems it may be forward thinking on behalf of some in the interim government for when 2014 comes and there are elections and they're looking at repercussions of what they've done or possible repercussions, we don't know obviously, no one's got a crystal ball. But when they look at treason it seems that they're looking also at reducing those sentences to 15 years as well, so it does underscore that particular point, that it's self-serving and perhaps looking after themselves in the future?
NAIDU: Yes and it's only based on the assumption that we have elections in 2014, based on the assumption that they have a government in place which is sympathetic to the regime and which is basically controlled by the regime.
COUTTS: So is this just the start of it do you think or are they're going to be further decrees and laws that come in that also offer pardons, full pardons in the future if this decree is accepted?
NAIDU: You might be right because today's Fiji Sun's headline is that legislation, laws are being brought in in the form of decrees to bring and unite the people together, and this is the way to unite, but definitely we're going to get a lot of things coming in.
