WHEREAS as the result of the attempted illegal takeover of the Government of
the Fiji Islands elected under the 1997 Constitution by Ilikini Naitini also
known as George Speight (hereinafter referred to as George Speight) and his
Group, a state of emergency was declared by the President with effect from 7.00
p.m. on Friday the 19th day of May, 2000;
AND WHEREAS the Bose Levu Vakaturaga having met in a special meeting over three
days from the 23rd day of May 2000 to the 25th day of May, 2000 to consider
the state of emergency and the grave political unrest in the Fiji islands, and
passed ten resolutions in its endeavours to find a practical and lawful solution
to the deepening national crisis;
AND WHEREAS the national crisis has caused and continues to cause serious adverse
effect and implications on the national security and the people in relation
m their daily lives and welfare including the national economy, the employment
situation, the education system, public transport and national security and
it is incumbent upon me to seek and adopt the best practical and lawful means
available to the of averting a potentially catastrophic political situation;
AND WHEREAS having regard to the aforesaid resolutions by the Bose Levu Vakaruraga
and the very precarious state of the nation, it is my sincere and firm belief
that I shall be acting in the best and wider interests of preserving and maintaining
law and order and returning our beloved country to normalcy;
NOW THEREFORE, given the immediate objectives of the Interim Military Government
to secure the release of the hostages at the
Parliament Complex and for the surrender and return of all weapons, ordnance
and stores in the possession and control of George Speight and his Group; AND
in exercise of the powers vested in me under section 9 of the Interim Civilian
Government (Establishment) Decrees.
No. 10 of 2000 and acting on the advice of the Cabinet, I hereby make the following
Decree
Short tide and commencement
1. This Decree maybe cited as the Immunity Decree 2000 and shall come into force
on the 13th day of July, 2000.
Interpretation
2. In this Decree, unless the context otherwise requires "political offence"means
an offence allegedly committed by any person or persons between the 19th day
of May, 2000 and the 13th day of July, 2000 (both dates inclusive), such offence
being either directly or indirectly prompted and motivated by tile attempted
illegal takeover of the Government on tire 19th day of May, 2000 and the political
developments during that period and including any offence. which has been subject
of police complaint, which was prompted or motivated by the political developments
during the relevant period.
Grant of Immunity
3.--(l) Notwithstanding Section 14(2) of the State Services Decree 2000 (No.
6 of 2000) George Speight the Leader of the Taukei Civilian Group. and members
of his Group who took part in the unlawful takeover of the Government democratically
elected under the 1997 Constitution on the 19th day of May, 2000 and the subsequent
holding of to hostages until the 13th day of July, 2000 shall be immune from
criminal prosecution under the Penal Code or the breach of any law of Fiji and
civil liability in respect of any damage or injury to property or person connected
with the unlawful seizure of Government powers, the unlawful detention of certain
members of the House of Representatives and any other person and no court shall
entertain my action or proceeding or make any decision or order, or grant any
remedy or relief in any proceedings instituted against George Speight or any
member of his Group.
(2) Subsection (1) also applies to any other person who acted under the directions,
orders or instructions of George Speight or any member of the Taukei Civilian
Government as a result of the unlawful seizure of Government powers and unlawful
detention of the Prime Minister end certain Cabinet Ministers and Members of
the House of Representatives and other persons.
(3) Subject to section(4), this Decree does not extend to any other person
who committed an offence under any law within and outside the parliament Complex
between the 19th day of May, 2000 and the 13th day of July, 200p in respect
of any act done without the directions, orders or instructions of George Speight
or any member of the Taukei Civilian Government.
(4) Any person who commits a political offence within the meaning of this Decree
shall be immune from criminal prosecution under the
Portal Code or the breach of any law of Fiji.
Miscellaneous
4.--(1) No compensation shall be payable by the State to any person in respect
of any injury to person or damage to property caused by or consequent upon any
conduct for which immunity has been granted under this Decree.
(2) This Decree shall not be amended or repealed by Parliament or any other
Decree.
Made at Suva this 9th day of July 2000
COMMODORE J. V. BAINIMARAMA Commander and Head of Government
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