Tuesday, June 28, 2011

Aiyaz Khaiyum and Shaista Shameem begin their mauling game

Posted on Raw Fiji News - 28 June 2011

One time Fiji’s  Inhuman Rights Commission head, Shaista Shameem, has resurfaced after her May 2009 unceremonial removal by the military regime she once served.
This is the same controversial woman who privately informed blogger Victor Lal how Aiyaz Khaiyum,Christopher Pryde and her had conspired to pervert the cause of justice against deposed Prime Minster Laisenia Qarase so that she and the criminal bunch in the regime could torture their critics while fattening themselves on taxpayers dosh.
She was also responsible for the deportation of Fiji Sun publisher Russell Hunter and denied any legal representation to civilians who were tortured soon after the coup because they had “restricted” rights.
Sources say Shaista Shameem is a well known anti-indigenous Fijian individual and will not represent any case involving indigenous rights.
Her re-emergence with her high court application on behalf of one David Burness, is going to be an interesting one in a show-down of a dog eating a dog given her prior allegiance to the regime she is now up against.
It’s a classic case of a rotweiller (Shaista) pitting against another rotweiller (Aiyaz) and we say, good luck guys!
Unpopular and biased Shaista Shameem
Shameem Law makes application in high court
Legal firm, Shameem Law has made an application in the High Court on behalf of its client, David Burness, for human rights protection against unfair discrimination on the grounds of age based on the review of the FNPF Pension Scheme.
The case is between 75 year old Fund pensioner Burness and the FNPF, the Republic of Fiji and the Attorney General.
The Principal of Shameem Law, Doctor Shaista Shameem said the court application states that the proposed review of the FNPF pension scheme will unfairly discriminate against Burness and will breach the contract between the Fiji National Provident Fund and Burness.
The court application is seeking a declaration that as a human rights protection remedy, Burness’ FNPF pension benefit cannot be reduced in any shape or form by the FNPF board, the Republic of Fiji and/or the Attorney General at any time.
It also said the proposed review of the FNPF constitutes a breach of the contract entered between David Burness, the FNPF board and the Government of Fiji.
Burness’ application is also asking the court to declare that an independent person or body such as a judicial Commission of Inquiry be appointed to inquire into the past financial dealings of the FNPF with a view to independently auditing the Fund, provide Burness and other members of FNPF with a report on the Fund’s use, including lending, finances, decision-making of previous and current boards and related matters.
The application further asks the High Court to shelve the intended review of the FNPF Act until such time as the independent Commission makes its findings and recommendations to the members of the Fund.
Shameem Law has also made an application on behalf of David Burness for an interim injunction against the FNPF, the Republic of Fiji the Attorney General.
The application is before the Chief Justice for review.
Doctor Shameem said since the proposed FNPF reforms were expected to be enacted by a decree on July 1st, her client wishes to have the court grant an injunction because the enactment of a decree will be used to cancel or terminate his court application.
Shameem Law has today served the court papers on the FNPF, the Republic of Fiji and the Attorney General.
Story by: Vijay Narayan
Fiji Village News


Frank Bainimarama and Aiyaz Khaiyum soon to face same fate as Gaddafi

Statement by ICC Prosecutor on decision by Pre-Trial Chamber I to issue three warrants of arrest for Muammar Gaddafi, Saif Al-Islam Gaddafi and Abdulla Al-Senussi

ICC Prosecutor at the Press Conference on 28 June 2011 at the seat of the Court in The Hague © ICC-CPI

Just 4 months ago, the world requested justice for crimes committed in Libya and the UN Security Council unanimously asked for the intervention of the International Criminal Court. Yesterday, the Court delivered its first decision, it issued arrest warrants against Muammar Gaddafi, his son Saif Al-Islam Gaddafi and Abdullah Al Senussi for shooting civilians on the streets and persecuting alleged dissidents in their homes as crimes against humanity. The Judges considered that they have to be arrested to prevent them from using their powers to continue the commission of crimes.
Today, it is time for arrest. Let me clarify who should arrest them and how they can do it.
Libya has the primary responsibility to implement the arrest warrants. Libya is not a State Party of the Rome Statute, but it is a member of the United Nations since 1955. Libya has to comply with UN Security Council Resolution 1970, which specifically called on Libya to ‘cooperate fully with and provide any necessary assistance to the Court and the Prosecutor.’
The Court will notify the Libyan government based in Tripoli of its decision. Gaddafi’s inner circle is the first option: they can be part of the problem and be prosecuted, or they can be part of the solution, work together with the other Libyans and stop the crimes.
Second option, the Interim National Council has expressed its will to implement the arrest warrants. Justice Minister Mohamed Al Alagi is here, and Prime Minister Mahmoud Gibril is coming tomorrow. They will explain their plans as soon they are ready.
International forces operating under UN Security Council Resolution 1973 have no specific mandate to implement arrest warrants, and the Court is not asking for that.
More than ever there is an urgent need for negotiations. But negotiations have to respect UN Security Council Resolution 1970 to do justice in Libya and the Court’s decision that Gaddafi, his son Saif and Al Sanussi should be arrested.
There are two clear legal limits. Gaddafi cannot retain power to keep attacking his victims. If Gaddafi travels to a State Party of the Rome Statute, he should be arrested.
The Office of the Prosecutor will continue investigating new crimes regarding the situation in Libya since 15 February 2011, in particular allegations of rapes and efforts to cover up the crimes; we will eventually add new charges to the same case.
Source: Office of the Prosecutor

Fiji High Court delays pension case

by Jemima Garrett
Australia Network News
The independence of Fiji’s judiciary has come under scrutiny following the High Court’s delays in processing a case involving the country’s pension fund.
Pensioner David Burness, 75, has taken his case to the High Court in an attempt to stop the National Provident Fund from going ahead with a planned cut to the pension.
A decree implementing the cut is expected on July 1 but the High Court has set Mr Burness’s hearing date for July 4.
Mr Burness’s lawyer, Shaista Shameem, says if a decree is presented before the case is heard Mr Burness will lose his chance for justice.
Ms Shameem has made an urgent application to the High Court for an interim injunction to halt the decree but has not had a reply.
She says the lack of reply is disquieting, saying the application is a matter of public interest and grave significance.

ILO seriously concerned about alleged attacks on Fiji union chiefs by military

Radio New Zealand International News
Fiji’s leading union chief, Attar Singh of Fiji Islands Council of Trade Union
The International Labour Organisation has expressed its serious concern to Fiji’s interim regime about a series of alleged beatings and intimidation of union chiefs in the country.
The general secretary of the Fiji Trades Union Congress Felix Anthony is alleged to have been beaten by the military in March.
The ILO representative in Suva, David Lamotte, says the President of the Ba Branch of the Fiji Sugar and General Workers Union, Mohammed Khalil, is alleged to have been attacked by two military personnel on the 22nd of this month.
Mr Lamotte says he has been in touch with Mr Khalil following the alleged assault.
“I have personally inquired into Mr Khalil’s wellbeing. I am told that he is OK and he is in shock and has taken a week’s sick leave. The ILO is now working with our international partners to look at a more comprehensive strategy in how we respond to these issues.”
Mr Lamotte says he has requested meetings with the interim government on the matter and the ILO has suggested a high level delegation also travels to Suva to meet with government offcials.

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