Home -> Law Blog Directory -> Legal News Blogs -> JURIST - The Paper Chase

Legal News

: JURIST - The Paper Chase

Fiji appeals court declares post-coup military government illegal

By Bernard Hibbitts (editor) and University of Pittsburgh School of Law students.

[JURIST] The Court of Appeal of Fiji ruled Thursday that the country's appointment of a military government following a 2006 coup was unconstitutional and must be replaced immediately by an interim prime minister until democratic elections can be held. Ousted Fijian prime minister Laisenia Qarase brought the challenge against a November High Court decision finding that current President Ratu Josefa Iloilo had the authority under the Fijian constitution to appoint new leaders following Qarase's ouster. The Court of Appeals denied Qarase's request to be reinstated as prime minister, instead urging the president to appoint an independent interim prime minister to dissolve the current parliament and schedule elections. Current Prime Minister Commodore Frank Bainimarama responded in a televised address to the nation that the government has appealed the decision to the Supreme Court, though an application to stay the declarations of the Court of Appeals pending appeal was denied. Bainimarama said that Iloilo will soon announce whether the government will comply with the court's instruction to appoint interim leadership, adding that security forces will "ensure that there will be no disruption to law and order." UN Secretary-General Ban Ki-moon issued a call for the nation to respect human rights and the rule of law. In September, Qarase made additional charges that Bainimarama and others who participated in the December 2006 military coup had committed treason by ousting Qarase's democratically elected government. Later that month, Qarase tried to make a statement to police regarding the allegations, but they said they would not investigate the charges. Qarase then brought the suit in October. Less than two days after the coup, a previous interim prime minister installed by the military characterized the coup as "illegal", but defended it as necessary. Qarase's case was heard in the High Court by a three-judge panel led by Acting Chief Justice Anthony Gates, who was appointed after Bainimarama suspended former Chief Justice Daniel Fatiaki.

Full post as published by JURIST - The Paper Chase on April 09, 2009 (boomark / email).