Interim Prime Minister Voreqe Bainimarama  
President Ratu Josefa Iloilo  
Republic of the Fiji Islands  
Government Building  
Suva

Fiji

26 February 2007

Dear Prime Minister

Re:  Mr Richard Naidu – Fijian Lawyer

We are writing on behalf of the Human Rights Institute of the International Bar Association (IBA) in connection with the rights of Mr Richard Naidu, a prominent Suva lawyer.

In its role as a dual membership organisation, comprising 30,000 individual lawyers and over 195 Bar Associations and Law Societies, the IBA influences the development of international law reform and shapes the future of the legal profession. Its Member Organisations cover all continents. The IBA’s Human Rights Institute works across the association, helping to promote, protect and enforce human rights under a just rule of law, and to preserve the independence of the judiciary and legal professional world wide.

Serious concerns have been raised with regard to the circumstances surrounding the arrest of Richard Naidu. Concern has been expressed over both the apparent cause of Mr Naidu’s arrest and allegations that Mr Naidu was severely beaten by the authorities. The fact that he was subsequently released without charge in no way mitigates the manner in which Mr. Naidu was treated. Our concern arises from the alleged disregard of Mr Naidu’s rights as both a citizen of Fiji and, of particular concern to the IBA, as a legal practitioner. It has been reported that Mr Naidu was arrested only for comments that he had made prior to the arrest on Radio New Zealand International concerning the absence of constitutional validity relating to the interim government in Fiji (source: Pacific Media Watch).

We should like to remind you that the arrest and alleged physical abuse of Mr Naidu would constitute a violation of Article 5 of the Universal Declaration of Human Rights (UDHR) (widely considered to be a part of customary international law) prohibiting torture and other cruel, inhuman or degrading treatment.  It would also represent an infringement of the rights provided to all citizens of Fiji under Article 25 of the Constitution which states that every person has the right to freedom from torture of any kind and should be free from any cruel, inhuman or degrading treatment. Furthermore, as Mr Naidu’s purported arrest was arbitrary and without basis in law it violates both Article 9 of the UDHR which states that no one shall be subjected to arbitrary arrest, detention or exile and Article 23 of the Fiji Constitution.   

Furthermore, this alleged arrest interferes with Mr Naidu's right to freedom of expression and other rights accorded to citizens as well as those particular to legal professionals under both Fijian domestic law and international law. Article 30 of the Constitution of Fiji provides that every person has the right to freedom of speech and expression, including: (a) the freedom to seek, receive and impart information and ideas; and (b) freedom of the press and other media.

Article 23 of the United Nations Basic Principles of the Rights of Lawyers further states that lawyers, like other citizens, are entitled to freedom of expression, belief association and assembly. In particular, they shall have the right to take part in public discussion of matters concerning the law, the administration of justice and the promotion and protection of human rights.

We call upon the interim government to respect all the human rights of Fiji citizens and ensure that nobody, including Mr Naidu, is punished for peacefully exercising their rights as citizens of Fiji, whether in the course of their practice as a legal and judicial officer or otherwise.

We would be grateful to receive your prompt assurances that the treatment received by Mr Naidu will be investigated and that where violations of his rights are found, those responsible be brought to justice.  Further we should like your assurances that the rights encompassed under international law and under Fiji’s Constitution are respected for all citizens. 

Yours sincerely,

Ambassador Emilio Càrdenas                        

Justice Richard Goldstone