Academic awarded $250,000 for army torture

[The following dispatch was filed for Pacific Magazine Online.]

Academic Anirudh Singh has been awarded $250,000 in compensation by the High Court in Suva for his kidnap and torture by soldiers in 1990.

Justice Roger Coventry handed down judgment against the Fiji Military Forces on Wednesday bringing Singh’s 14-year legal battle to a close.

And Justice Coventry said he had set a substantial sum in damages to send a signal to the disciplined forces that it would punish illegal behaviour by serving officers.

Justice Coventry awarded Singh, a chemistry lecturer at the University of the South Pacific in Suva, $75,000 in damages for pain and suffering, $75,000 in special damages for the setback to his career and $100,000 in exemplary damages for the actions of the five soldiers, four of whom are still employed by the Fiji Military Forces.

He also awarded compounding interest at 5 percent backdated to when Singh filed his claim on June 25, 1993.

Singh was abducted on October 24, 1990 by soldiers of the then Special Operations Security Unit, an anti-dissent intelligence unit set up following Lt-Col Sitiveni Rabuka’s coup in 1987.

At the time he was on his way to work at USP where he was a physics lecturer.

Several days earlier, Singh had participated in a public burning of the racist 1990 Constitution put in place by Rabuka’s regime.

He was taken to Colo-i-Suva, in the mountains above the capital, where was subjected to 12 hours of torture and questioning.

A hood was placed over his head and tied tightly around his neck; his hands and feet were tied up and he was roped to a tree.

He had been beaten, burned with cigarettes and threatened with being “roasted alive”.

Singh was then untied, his hands placed over the roots of a tree and beaten with a metal pipe.

In November 1990, the five soldiers pleaded guilty to criminal charges arising from the episode and walked free on suspended sentences.

Singh was charged with sedition the same month but the charge was dropped.

Justice Coventry wrote in his 27-page ruling that as at November 2006, four of the five soldiers involved in the kidnap and torture were still serving members of the military, adding that commanding officers were liable for their illegal acts.

“The actions of the first five defendants were clearly oppressive and arbitrary and, although not argued as such, were clearly unconstitutional. Whilst there is no evidence that anyone in the military forces ordered the kidnapping and the assaults, I have found that they are vicariously liable therefore. It must be taken into consideration that on the evidence no apology has been forthcoming, no disciplinary action was taken against any of the five soldiers and four of them at the time of judgment (November 2006) were still serving officers, one having had a sought after overseas appointment.

In making this award there is a broad and vitally important policy consideration.

It is important at all times that the commanders and officers in charge of disciplined forces – military forces, police, prison officers, ensure full and proper control of those under their command … and that human rights and the rule of law are upheld. The imposing of exemplary damages is necessary to ensure that happens and that commanders and officers in charge know the courts will not flinch from awarding damages if torts are committed by those under their command.

Accordingly, I will make exemplary damages against the Republic of Fiji Military Forces.”