Labour sends strong protest to foreign govts. against the
release of convicted VP Jope Seniloli
[posted 2 Dec 2004, 1300]
Labour Leader Mahendra Chaudhry has sent a strong note
of protest to foreign governments against the release of convicted VP Jope
Seniloli
The full text of the note follows:
"I write on the above subject. Last Friday 26th
November 2004, the Attorney General and Minister of Justice, Senator Q. B
Bale, announced that he had directed that the convicted Vice President,
Ratu Jope Seniloli be released on a CSO.
The convicted Vice President has served approximately
two months of his four year jail term for taking an unlawful oath in 2000.
The sentence was imposed by the High Court of Fiji and subsequently
affirmed by the Fiji Court of Appeal on.
I write to register with your government
- My profound concern and disquiet over the
questionable action of the AG / Minister for Justice;
- . The negative impact that his decision will have on
law and order in this country; and
- The implications for the global fight against
terrorism. The Vice President was convicted for his role in the
unlawful overthrow of an elected Government and for aiding and
abetting the taking of hostages.
I accept that the Minister for Justice is empowered
under the Prisons Act (s.65 (1)) to exercise his discretion on the subject
of release of prisoners on a CSO. My concern is based on the fact that the
decision was exercised arbitrarily, and is biased and unreasonable under
the circumstances, for various reasons inter alia
- The Attorney General / Minister for Justice has an
apparent conflict of interest. He is the legal advisor to the
Government, Great Council of Chiefs, and the President and Vice
President, and should have distanced himself from taking the decision
to release the Vice President personally.
- In the exercise of his discretion, he unduly
compromised his obligation to consider issues of public interest.
- He has allowed the integrity and independence of his
office to be called into question by seemingly favouring the convicted
Vice President.
- He has caused the respect for, and/or
confidence in the integrity of the Government to be diminished, as
well as for the principles of good governance and the rule of law.
- He has undermined the judiciary by effectively
overturning a lawful sentence imposed on a person implicated in
domestic terrorism.
The Attorney General / Minister for Justice purportedly
granted the CSO on medical grounds. He has refused to release the details
of the medical report on the spurious grounds of patient/doctor privilege.
The decision to grant a CSO appears to be consistent
with previous actions that are equally questionable, for example the
refusal to advise the Vice-President to resign following his conviction.
In turn, the payment of full salary and allowances to the convicted and
incarcerated Vice-President has continued in the face of public outcry.
By this unjustified premature exercise of CSO by the
Attorney General / Minister for Justice, he has sanctioned the release of
a prisoner who is implicated in domestic terrorism.
The security forces, particularly the military, have
also voiced their objection to this premature release. The military has
considered amongst other things that the release of the convicted Vice
President is a threat to national security.
I have to note an unfortunate feature of the present
Qarase Government. There are several members of the Senate and the House
of Representatives who have tainted record on human rights and for their
active part in hostage taking. These people in spite of their blemished
record appear to be acting with impunity and find refuge under the
purported legal umbrella of the government. The government appears to
condone and give sanctuary to these people.
I ask that this latest action of the Attorney General
and Minister for Justice be noted by you and appropriate action be taken
by your government as you continue your own fight against terrorism and
for the promotion of good governance and other principles enumerated
above." |