A counter report to Fiji Human Rights Commission Director, Shaista Shameem's second report to the UN High Commissioner for Human Rights, has been released by a group of senior constitutional and Human Rights lawyers endorsed by Human Rights Commissioner, Shameema Ali.
The report mainly counters the claim by Shameem's second report whereby the military takeover of December 5th 2006 was not a coup but an action carried out via section 86 of the Constitution which means the military carried out the takeover as part of the President's sovereign powers.
It goes on to say that when considered in totality the assertion that there was no coup is absurd as facts state otherwise.
Facts stated in the report being the Commander arbitrarily assuming executive authority normally vested in the President but exercised by the Prime Minister and Cabinet. It says that the Commander assumed executive power in circumstances where there was no crisis. It adds that given this situation the Commander's actions are not justified.
In addition, the report states that in the initial report by Shameem it was stated that Prime Minister, Laisenia Qarase's rights were not violated. This counter report states that if one was forcibly removed from office after winning elections and prevented from returning to Suva by the Military for nine months, doesn't this mean that his rights were violated?
The authors of the report are senior legal practitioners who do not wish to be named for fear of intimidation by the military as well as having travel bans imposed on them, as they believe that the military and the interim administration continue to display a heightened sensitivity to doubts about their legitimacy.
Fiji Human Rights Director, Dr Shaista Shameem said anonymous reports are best ignored
