Constitution Review Commission has recommended establishing a Military Court equivalent in status to the High Court, replacing the current general court martial system.
The proposal follows a submission from the Republic of Fiji Military Forces outlining its intention to establish a Military Court and a Director of Military Prosecutions (DMP).
Under the Commission’s recommendation, the DMP would be appointed through the same constitutional process used to appoint the Director of Public Prosecutions.
Significantly, cases before the proposed Military Court would be heard by sitting High Court judges assigned on an ad hoc basis, rather than judges operating within the military command structure.
The Commission said this was intended to maintain the court’s independence from the military and ensure that constitutional protections under the Bill of Rights also apply to military personnel facing prosecution.
It has also recommended that Military Court hearings be open to the public under the same standards applying to civilian courts.
The Commission described the military’s stated willingness to pursue internal accountability reforms, affirm civilian authority and support the rule of law as a significant element in its consideration of the proposal.
It said constitutional recognition of the reforms was intended to support the supremacy of democratically elected civilian authority while maintaining the independence of the judiciary.
The Military Court proposal forms part of the Commission’s broader recommendations concerning the constitutional role of the RFMF, military accountability and the relationship between the military and civilian government.
