Law Society calls for independent probe into Vakarisi death

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The Fiji Law Society has raised serious concerns over the death of Jone Vakarisi while in military custody, calling for a prompt and independent investigation.

In a statement issued today, the Society said any death in State custody directly engages constitutional principles and accountability.

“Any death occurring under the control of State authorities is a matter of great seriousness and directly engages constitutional principles, the rule of law and State accountability,” the statement read.

The Society stressed that individuals deprived of liberty are under the State’s care and must be protected regardless of their background.

“The existence of conflicting official and deeply concerning accounts… underscores the necessity of a prompt, independent, impartial and effective investigation… free of interference and external influence,” it said.

It added that such an investigation must be capable of establishing the full facts and identifying responsibility, including potential criminal prosecution where appropriate.

The Society also expressed concern over allegations that others questioned by the military had reported torture or ill-treatment.

“Such allegations… are extremely serious and require careful, independent scrutiny,” it said, noting that torture and inhumane treatment are absolutely prohibited under law.

Citing international human rights standards, the Society said a death in custody creates a presumption of State responsibility.

“This presumption may only be displaced by a credible investigation demonstrating full compliance with constitutional and legal obligations,” it stated.

The Society reaffirmed that the Constitution guarantees the right to life, security, and humane treatment, supported by Fiji’s obligations under international conventions.

It also emphasised the importance of public scrutiny.

“Freedom of expression and public scrutiny of a death in State custody are essential parts of the rule of law and democratic accountability and must be upheld.”

The Fiji Law Society said a transparent and lawful response is critical not only for justice in this case but for maintaining trust in Fiji’s legal and constitutional systems.