Fiji Law Society Calls for Independent Probe into Death in Military Custody

The Fiji Law Society has called for a prompt, independent and impartial investigation into the death of Jone Vakarisi while in military custody, warning that the case directly engages fundamental constitutional principles and State accountability.

In a public statement issued on April 23, the Society said any death occurring under State control is a matter of “great seriousness,” stressing that individuals deprived of liberty are entitled to the highest standard of protection, regardless of their background or reputation.

The Society noted that conflicting official accounts surrounding the circumstances of Vakarisi’s death highlight the urgent need for an investigation that is free from interference and capable of establishing the full facts, including identifying those responsible and determining whether criminal prosecution is warranted.

It also raised concern over reports that other individuals detained in connection with related operations have alleged torture or ill-treatment, describing such claims as extremely serious and requiring thorough, independent scrutiny.

“Allegations of torture or ill-treatment engage absolute constitutional and legal prohibitions and must be investigated promptly, thoroughly and independently,” the statement said.

Citing international human rights principles, the Society said deaths in custody give rise to a presumption of State responsibility, which can only be displaced through a credible investigation demonstrating full compliance with constitutional and legal obligations.

The Society further emphasised that Fiji’s Constitution guarantees the right to life, security of the person, and humane treatment of detainees, protections reinforced by international obligations including the International Covenant on Civil and Political Rights and the Convention Against Torture.

It warned that public scrutiny and freedom of expression in such cases are essential to maintaining the rule of law, and said legitimate inquiry must not be suppressed except in strict accordance with constitutional limits.

The Fiji Law Society concluded by stressing that all State institutions must operate within defined legal boundaries and remain subject to independent oversight, adding that a transparent and accountable response is critical not only for justice in this case, but for the protection of constitutional governance in Fiji.