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License to Kill Regime gives state security personnel license to kill under newly introduced Public Order (Amendment) Decree 2012
Introduction For many in Fiji, the announcement on New Years Day that the regime would lift the Public Emergency Regulations (PER) on Saturday 7 January 2012 was met with elation and joy. Many thought that the regime had turned the corner from its worst days and that a new dawn was beginning with the positive news and overall tone of the broadcast. However once again this joy has been cut short and only now the truth is slowly emerging. The regime has not turned the corner into a new dawn and continues to lie and deceive the people of Fiji just like every other day. Public Order (Amendment) Decree 2012 With the newly introduced Public Order (Amendment) Decree 2012 which came into effect on 06 January 2012, the regime has given members of the security forces a license to kill. This license to kill can be found under section 9 of the decree and reads as follows:
Prohibition and dispersal of assemblies 9.(1) The Commissioner of Police or a Divisional Police Commander, if he or she considers such action to be necessary for the securing of public safety, or for the maintenance of public order, or for maintaining supplies and services essential to the life of the community, may, by order

(a) prohibit absolutely or subject to such conditions as he or she may think fit, any procession, meeting or assembly in any place or building, whether public or private, notwithstanding the fact that a permit for such a procession, meeting or assembly may have already been granted; (b) direct any procession, meeting or assembly in any place whatsoever, whether public or private, whether or not any order shall have been made prohibiting such procession, meeting or assembly under subsection (a), to disperse, and it shall thereupon be the duty of the person taking part in such procession, meeting or assembly, to disperse accordingly; (2) The Commissioner of Police or any Divisional Police Commander may prohibit any procession, meeting or assembly in any place (whether public or private) or may direct any procession, meeting or assembly (whether in public or private) to disperse, if the Commissioner of Police or any Divisional Police Commander is satisfied that any person or organisation organising, assisting or participating in any such procession, meeting or assembly has on any previous occasion been refused a permit under section 8 or any such person or organisation has on any previous occasion failed to comply with any conditions imposed with respect to any meeting or procession or assembly, or any such person or organisation has on any previous occasion organised any meeting or procession or assembly which has prejudiced peace, public safety and good order and/or which has engaged in racial or religious vilification or undermined or sabotaged or attempted to undermine or sabotage the economy or financial integrity of Fiji. (3) Any police officer, if in his or her opinion such action is necessary for the public safety, after giving due warning, may use such force as he or she considers necessary, including the use of arms, to disperse the procession, meeting or assembly and to apprehend any person present thereat, and no police officer nor any person acting in aid of such police officer using such force shall be liable in criminal or civil proceedings for any harm or loss caused by the use of such force.

Analysis of Section 9(3) The part that gives the security forces a license to kill is found under section 9 (3). This subsection is for starters vague and towards the end brutal. The vague part consists of: Any police officer. Any police officer means that it can be a police officer of any rank, it can be the lowest ranking officer which in this case will be a Constable all the way to the top with the highest ranked officer being the Commissioner of Police.

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The public is then at the mercy of any police officer who: if in his or her opinion such action is necessary for the public safety, after giving due warning This officer will act without any proper guideline or guidance from a higher ranking police officer or authority. There is no definition or explanation as to what consists of due warning. How will it be ascertained that the police officer has made sure that his or her warning is heard by the members of the public who are gathered? License to Kill Under this subsection, a police officer is given wide ranging powers without any consultation or second opinion and can go ahead and do as he or she pleases. Also once this police officer has made up his or her mind and in his or her opinion such action is necessary for the public safety, this police officer is then authorised and: may use such force as he or she considers necessary. Again without any proper guidelines or guidance from a senior officer, this officer may use such force as this person considers necessary. The use of force is not limited to physical force only but also: including the use of arms. Arms being guns which the police and military have in their possession and can be used against citizens at any given time. Section 9(3) continues by authorising the police officer: to disperse the procession, meeting or assembly and to apprehend any person present there at. The brutal part of this subsection states that: no police officer nor any person acting
in aid of such police officer using such force shall be liable in criminal or civil proceedings for any harm or loss caused by the use of such force.

Firstly: No police officer, military officer either from the Army or Navy, prison officer or any person shall be held liable under criminal or civil law while aiding or assisting in dispersing of any procession, meeting or assembly for any damage to property belonging to members of the public caused by the use of such force; Secondly: No police officer, military officer either from the Army or Navy, prison officer or any person shall be held liable under criminal or civil law while aiding or assisting in dispersing of any procession, meeting or

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assembly for any harm or physical injuries suffered by members of the public caused by the use of such force. Thirdly: No police officer, military officer either from the Army or Navy, prison officer or any person shall be held liable under criminal or civil law while aiding or assisting in dispersing of any procession, meeting or assembly for any loss or death suffered by members of the public caused by the use of such force. Analysis of Section 17B Another section under the Public Order (Amendment) Decree 2012 that gives state security personal a license to kill is section 17B. Under the heading Power of arrest, search and to use force, this section reads as follows:
Power of arrest, search and to use force 17B. (1) Notwithstanding anything to the contrary contained in any other written law, it shall be lawful for any police officer (a) to effect the arrest of any person whom he or she has reasonable grounds for suspecting to have committed an offence against public order, or an offence against this Act; (b) to search any person whom he or she has reasonable grounds for suspecting to have committed an offence against public order or an offence against this Act; (c) to search any building, vehicle, cargo or baggage which he or she has reasonable grounds for suspecting may contain any matter connected with an offence against public order or an offence against this Act, and for the purpose of effecting the arrest of any person whom he or she has reasonable grounds for suspecting to have committed an offence against public order or an offence against this Act to use such force as he or she considers necessary, including the use of arms, and no police officer nor any person acting in aid of such police officer or member using such force shall be liable in criminal or civil proceedings for any harm or loss caused by the use of such force.

License to Kill This subsection states that: it shall be lawful for any police officer to use such force as he or she considers necessary, including the use of arms,

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and no police officer nor any person acting in aid of such police officer or member using such force shall be liable in criminal or civil proceedings for any harm or loss caused by the use of such force. Once again any police officer, military officer either from the Army or Navy, prison officer or any person shall not be held liable under criminal or civil law while aiding or assisting for the purpose of effecting the arrest or search of any person by the use of such force for any damage to property, personal injuries or death caused to any member of the public. Conclusion Under the Public Order (Amendment) Decree 2012, all police officers, all army and navy officers, all prison officers are immune from criminal and civil liability for any death caused while taking action under this decree. These state security personnel are also immune from any criminal or civil prosecution in a court of law. The draconian measures introduced under the Public Emergency Regulations Decree 2009 have been repealed and done away with only to be replaced with a new decree with a new name Public Order (Amendment) Decree 2012. For many the joy was short lived!

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