It is imperative that those responsible for the death of Mesake Sinu face our criminal justice system - Raj

The Director of Human Rights and Ant-Discrimination Commission, Ashwin Raj says it is imperative that those responsible for the death of Mesake Sinu Leleiwasa face our criminal justice system without impunity.

The commission conducted interviews with key witnesses and sought statements from close relatives in relation to the death of Leleiwasa, who was allegedly assaulted by a group of police officers on 12th October this year in Nadi.

Police had said the post mortem findings ruled out initial claims and reports that the man’s death was allegedly linked to him jumping from a double story building.

Acting Commissioner, Rusiate Tudravu has assured people that a thorough investigation will be conducted to ascertain the circumstances surrounding the victim’s death, and those found responsible will be charged and produced before the court of law.

Raj has now said that the commission is in possession of a copy of the victim’s Medical Cause of Death Certificate and is awaiting disclosure of the post mortem report from the Police.

The death certificate states: “disease or condition directly leading to death is extensive intracranial hemorrhage due to (or as a consequence of) severe traumatic head injury” and the external cause of injury is “blunt force trauma”.

The Director says an official request has been made to Police for the post mortem report.

The official complaint was lodged with the commission by a close relative of the victim on 13th October.

An investigation team of the commission traveled to Nadi on 14th October and commenced its independent investigations into the death of the 46-year-old.

Based on witness statements, Raj says the commission has established that the victim had allegedly sustained injuries in the course of his apprehension.

Raj also says witnesses claim excessive force may have been used during his arrest as they heard the victim crying in pain and agony.

The commission reiterates its stance that such acts of gratuitous violence must be thoroughly investigated and those responsible must be held accountable through the criminal justice system.

Raj says life has been lost.

He says Section 8 of the Constitution expressly states that: Every person has the right to life, and a person must not be arbitrarily deprived of life.

Raj says excessive use of force also amounts to an interdiction of section 11 (1) of the Constitution which guarantees that “every person has the right to freedom from torture of any kind, whether physical, mental or emotional, and from cruel, inhuman, degrading or disproportionally severe treatment or punishment”.

He says such heinous acts of violence are equally contrary to our human rights obligations under international law in terms of Fiji’s obligations under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, and the International Covenant on Civil and Political Rights.

Raj says Fiji has an effective and transparent criminal justice system, and he has every confidence that those engaged in such abhorrent acts of violence will be held accountable as we have seen in the recent case of a 32-year-old man from Naqia Village in Wainibuka, Tailevu, who was thrown off a bridge by a group of police officers and in the case of a man subjected to inhumane treatment with police officers allegedly pouring hot water on him during interrogation in Navua.

He says this is quite contrary to claims on social media platforms that investigation files are simply left open.

The Human Rights and Anti-Discrimination Commission says it had conducted its investigations in both cases and submitted its report to the Fiji Police Force and officers responsible were subsequently charged and produced in court.

Meanwhile, Police confirm that CID officers are still conducting investigations in Nadi in relation to the death of Mesake Sinu Leleiwasa.