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Vanuatu Ombudsman's Reports |
REPUBLIC OF VANUATU
OFFICE OF THE OMBUDSMAN
PUBLIC REPORT
ON THE
POLICE BRUTALITY DURING
OPERATIONS ON
CENTRAL PENTECOST
13 August 2003
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PUBLIC REPORT ON THE
POLICE BRUTALITY DURING OPERATIONS
ON CENTRAL PENTECOST
This report is about actions of Police during an operation on Central Pentecost in 2001.
Serious conflict occurred on Central Pentecost in two or three villages causing instability in the community. The situation culminated in groups of people fighting each other over land, properties and other matters. The main incident, however, was the division over the Central Pentecost Council of Chiefs, Biltakan.
The Police were asked to intervene after the situation got out of hand. Santo Police were dispatched on the mission. According to the Police, their mission was to mediate with parties concerned to resolve the issues causing conflict. As it happened, the Police did not do their job as expected and the investigation carried out by this Office found that the Police used excessive force in the mission, assaulting people, torturing them, using abusive language, threatening with knives and guns and ordering people to undertake difficult exercise as "punishment:"
That Vanuatu government, on behalf of the Vanuatu Police force, performed a custom ceremony on 29 January 2003 to resolve differences between the government and the communities, however this does not conceal the fact that the Police have broken the law. In that regard, the Ombudsman has strongly recommended both to the Police Department and the Public Prosecutor to commence criminal prosecutions against the Police Officers concerned.
TABLE OF CONTENTS
SUMMARY
1. JURISDICTION
2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
3. RELEVANT LAWS, REGULATIONS AND RULES
4. OUTLINE OF EVENTS
5. RESPONSES BY THOSE WITH COMPLAINTS AGAINST THEM
6. FINDINGS
7. RECOMMENDATIONS
8. INDEX OF APPENDICES
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1.1 The Constitution and the Ombudsman Act allow the Ombudsman to look into the conduct of government agencies. This includes the Vanuatu Police Force, ie both the military and paramilitary forces. The Ombudsman can also look into breaches of laws or administrative practices, including the Penal Code and the Police Act.
2. PURPOSE, SCOPE OF INVESTIGATION AND METHODS USED
2.1 The purpose of this report is to present the findings of the Ombudsman as required by the Constitution and the Ombudsman Act.
2.2 The scope of this investigation is to establish the facts about allegations of Police brutality during operations on Central Pentecost in 2001 and to determine whether or not the Police Officers' conduct was in breach of the Police Act or the Penal Code Act.
2.3 In this investigation, the Ombudsman has decided to issue a report notwithstanding the fact that Police Officers concerned denied all allegations of brutality and that the Government performed a customary reconciliation ceremony with the complainants on 29 January 2003. See Annexure A.
2.4 The main reasons for the Ombudsman's decision to issue a report are:
2.4.1. There is evidence that the Police Officers involved did not tell the truth about their conduct in the operation when contacted by this office. They were also uncooperative - failing to answer letter or respond promptly to summons issued.
2.4.2. Reports provided by the victims of the operation were very serious, and
2.4.3. Senior Inspector Kelson Bule, the Officer in charge of the operation, when interviewed by this Office on 21 May 2002 (See Annexure B).
∑ Refused to examine and comment on information about allegations against the Police Officers gathered by this Office;
∑ Said that the Chiefs of Central Pentecost who were affected by the actions of Police had not lodged any formal complaint with the Police; and
∑ Did not produce a report on the operation to his superior as required by section 7(4) of the Police Act CAP 105.
2.5 An outline of the events leading up to the incidents is as follows:
2.5.1. The Police were asked to intervene for mediation after a series of problems arising from several communities in Central Pentecost, notably Leikavatkaimel, Nokowanet and Enkul, got out of hand. The main issue was the Penema System stemming from the Penama REDI project. A Penama Province Officer named Gideon Tabius, believed to be a native of Central Pentecost, was at Enkul Village Central Pentecost explaining the Penama System when he was assaulted by the people. Mr Tabius then issued a report on which the Police acted to undertake their operation.
2.5.2. The people and the chiefs of Central Pentecost had opposed a policy decision from the Penama System intending to divide Central Pentecost into two Chiefly area councils with different names. Concerns were raised by the Tanmonoks (high ranking chiefs of Central Pentecost) and the people that Central Pentecost is too small to accommodate two different councils.
2.5.3 The other problem which was said to have caused conflict in the community involved a person named Pascal Temankon and the people of Nokowanet village concerning the land where Nokowanet village is located. Mr. Pascal Temakon was alleged to have opposed the Biltakan Council of Chiefs (the recognised Council of Chiefs of Central Pentecost) in the matter and defected with other chiefs to form another separate council of chiefs called Willinsalean Council of Chiefs. It is said that the Police and Mr. Gideon Tabius sided with the Willinsalean Council of Chiefs.
2.5.4. In the operation, the Police inflicted violent assaults and humiliating degradation and ordered victims to stop following Chief Vital Bulesanibo (Chief Vital) and Chief Liuslala Tabimal Arthur (Chief Arthur) and instead to follow the Penama System Policy. Chiefs Vital and Arthur are believed to be the two main leaders within the Biltakan Council of Chiefs.
2.6. The Police Officers who are believed to have taken part in the operation include Senior Inspector Kelson Bule, who was the Officer In Charge (Police), Inspector Wilson Garae (Police), Private Andrew Nakalu (VMF), lance Corporal Joshua Tari (VMF), Lance Corporal John Gideon (VMF), Police Constable Harold Mano (Police), Corporal Aprimend Kende (Police), Private Solomon Phillip (VMF), John Iatika (?), Corporal George Richard (Police) and Sergeant John Tari (Police).
2.7. This Office collects information and documents by informal request, summon, letters, interviews and research.
3. RELEVANT LAWS, REGULATIONS AND RULES
3.1 The relevant Constitutional and statutory provisions are reproduced in Annexure J at the end of the report.
3.2 The Constitution provides for the fundamental rights and freedoms of the individual.
3.3 The Police Act and subsidiary legislation made under it, provide for the responsibility of Police Officers and offences against discipline.
3.4 The Penal Code makes intentional assault and unintentional harm to the body of another person a criminal offence and prescribes punishments.
4.1 In September 2001, before the commencement of the Police operation, Sergeant John Tari (Sergeant Tari), a Police Officer stationed at Saratamata on Ambae, and a civilian named Aru, acting on the report of Gideon Tabius, went to Nokowanet village, Central Pentecost, without other Police officers to make an analysis of the situation before the arrival of the full contintigent. They summoned people who were alleged to have caused the problem to Leikavatkaimel village for interrogation. The village Leikavatkaimel happened to be the Police base for the operation.
4.2 On 4 September 2001, Mrs. Nelly Matau was about to board a ship to Luganville, Santo for an Anglican Church meeting when she was stopped and threatened by Sergeant Tari. The Police Officer called her stupid and warned that if she proceeded to board the ship, she would be beaten.
4.3 Chief Memo Joachim Liwusno reported that, because of the Police violence, both he and his family had to run away separately and stayed isolated from 17 September to 23 September 2001. He stayed out in the bush, cold and worried about his family, wife and children. Mr. and Mrs. Luwusno decided to run away after discovering that their name was included on the list of people held by the Police. They didn't know why their names were included in the list but were suspicious that it might have been compiled by small groups within the Catholic Church at Melsisi village who were jealous that their group was the biggest and drew more people. Both were leaders of their group.
4.4 On 19 September 2001, Mr Pierrot Buleuru arrived at Leikavatkaimel village at the request of Police. He was forced by Sergeant Tari to line up with other people in front of the church house. Sergeant Tari then hit him on his forehead, causing bleeding. Private Solomon Phillip (Private Phillip) then hit and kicked him causing fractures to his face and bleeding. He was then forced to the nakamal, sitting with wet clothes for a half day.
4.5 On 19 September 2001, Mr Tabi Seryll alleged that the Police forced his son (Boulewan) who looked after their shop at Melsisi village to pay a fine of vt.30,000 as business licence. The Police threatened him that if he failed to obey their order, they would lock the shop.
4.6 On 19 September 2001, Christopher Virelala and some other people from Rouak village were taken by the Police to Leikavakaimel village. On their arrival, he was beaten by the Police and insulted saying that he could urinate in front of them if he wanted to.
4.7 On 19 September 2001, following the orders of Police, Mr. Lazaro Bule arrived at Leikavatkaimel village at 6.00am still wet from rain and was told to stand with the group of people in front of the church. Lance Corporal Joshua Tari (Lance Corporal Tari) hit him three times, twice on his right eye and once on his left jaw. He was detained and ordered to stay in the nakamal where he slept with wet clothes and no bedding until the next day.
4.8 On 19 September 2001, Mr. Ezron Bule was also among the people who were ordered to stand in front of the church. He reported that Lance Corporal Tari hit him on his left jaw. He suffered a half broken tooth and another one totally broken from his gum as a result. Private Andrew Naklu (Private Nakalu) then kicked him on the right side of his ribcage. They were left with wet clothes all night. He further alleged that when they wanted to go to the toilet they were escorted by a villager named Robert Bule whom the Police recruited to make sure they did not escape.
4.9 On 19 September 2001 at 6.00am in the evening, Moise Tabi arrived at the Police base (Leikavatkaimel village), his clothes wet from the rain. He was ordered to line up with others at the front of nakamal with three Police Officers standing before them. Lance Corporal Tari hit his left jaw and forehead and slapped the left side of his face. Afterwards, they were made to wait with wet clothes until morning.
4.10 Mr. Joseph Bule alleged that on the night of 19 September 2001, he arrived at Leikavatkaimel village following Police orders and was told to stand with others in front of the nakamal belonging to Tanmonok Mathew with three Police Officers standing before them. Constable Harold Mano (Constable Mano) then hit him in his eye and kicked him on the back side. They were given little food and he remained with his wet clothes until morning, with no proper bedding provided, only a mat to sleep on.
4.11 Mr. Alain Bule alleged that at 4.00pm on 19 September 2001, he arrived at Leikavatkaimel village and joined others at the front of the nakamal. He alleged that Lance Corporal Tari, Private Nakalu and Sergeant Tari hit and kicked him twice before taking his statement. He and others were guarded in the nakamal and left with wet clothes until the next day, 20 September 2001.
4.12 Mr. Simon Buletangsu stated that on 19 September 2001, he was also among the group of suspects at the front of the nakamal. He alleged that Constable Mano hit him on his right jaw and mouth. He was kept in the nakamal until Friday 21 September 2001.
4.13 Mr. Andre Bulegari alleged that on 19 September 2001, in the afternoon, he was followed by the Police vehicle to the nakamal of Chief Tanmonok Mathew Tabi. While there, the Police swore at him, however, he did not know what the Police Officers were saying. They then took him to front of the church and Sergeant Tari took a bush knife, grasped his moustache and threatened to cut it off.
4.14 Mr. Jean Tabi Liwusmal alleged that on 19 September 2001, he was among a group of people at the church. They had been followed by the Police on their way with the vehicle. When at the church house, Sergeant Tari slapped him on his face. He alleged that the Provincial Secretary of their area (Charlot Tabigerian) had pointed him out to the Police Officer as a person to slap. Sergeant Tari then threatened them with the use of tear gas. He later heard a civilian who is alleged to have led the Police, say that if anyone wanted to go to the toilet, he had to do it in his own pants.
4.15 On the 19th of September 2001 at 6.00pm, Isidore Tabi arrived at Leikavatkaimel village and was instructed to line up with others in front of the church. Lance Corporal Tari slapped him on his right and left side and Constable Mano struck him on the back of his neck. He was kept in the nakamal until next day.
4.16 Ms. Nancy Matau alleged that on 20 September 2001, she was called by the Police to go to Leikavatkaimel village. When at Leikavatkaimel village, she was asked to go into a small room to be interview and have her statement taken by Private Nakalu. She was still talking to the Officer when Sergeant Tari came in and slapped her on the right side of the face. Private Nakalu then told her that they must not follow Chief Vital. They must know that there is only one council and that is the Penama System.
4.17 On 20 September 2001, Mr. George Harry was forced with other high ranking chiefs to run a distance of approximately 2 km. He was hit on the mouth and on the face by Sergeant Tari. Mr. George also reported being given instructions by the Police Officer (Sergeant Tari) to run back to his village of Enkul to call several chiefs to Leikavatkaimel village the next day. He was warned by the same Police Officer that if he failed to do so, they would shoot his hens, cattle and children.
4.18 On the morning of 20 September 2001, Chief Masten Bule alleged that he was insulted and beaten by Sergeant Tari at Leikavatkaimel village. The Police Officer asked if he was one of the people following chief Vital then called him stupid and hit him on his left and right cheeks. When Chief Masten Bule replied telling him not to fight but talk, Sergeant Tari shouted at him not to talk and he ran into the nakamal, took a shovel and hit him around his eyes.
4.19 Cliff Buleuru alleged that on 20 September 2001, the Police force him and some others to go to the road to run. The Police followed with a vehicle and a VMF Officer pulled his shirt and slapped him on his forehead. After a short distance the vehicle stopped and Sergeant Tari came over and slapped him on the left side of his face. Mr. Buleuru alleged that a villager named James Tabisurun ordered Sergeant Tari to slap him.
4.20 After this, Sergeant Tari ordered him to remove his shirt, he then held his neck, squeezed it against the vehicle's cabin and another Police Officer struck his ribs. When they reached the village of Leikavatkaimel, they release him and he went back to his village. He did not know why he was detained.
4.21 Mr. Reynold Tabi alleged that on 20 September 2001 at about 8.00am, he and other chiefs were ordered to run from the nakamal at Nokowanet village to the main road. When they reached the main road, Sergeant Tari asked why he was laughing at him. He then hit him and Lance Corporal John Gideon struck his left eye causing a black swollen eye and bleeding. Mr Tabi stated that he resented their actions because he had not done anything wrong.
4.22 Chief Vireibo Joachim Tabi alleged that on the 20th of September 2001 when they were inside the nakamal, Police Officers arrived and ordered them to go outside. They read out names of the chiefs who were supposed to come the next day and afterwards said that if anyone failed to arrive, they would shoot him. They were then told to run to the main road where a truck was waiting. When at the main road, a VMF Officer hit Chief Tabi. Later Mr Aru, the civilian from Ambae, slapped him. They were made to run a distance of approximately two kilometres to Leikavatkaimel village. The Police followed with the truck and ordered the people to do callisthenic exercises (throw hands in the air, head, shoulder etc.).
4.23 When they arrived at Leikavatkaimel village, Sergeant Tari pushed his hand into Chief Vireibo Joachim Tabi's trousers pulling out tobacco and some other objects which he claimed to be used for witchcraft. The Police Officer then ordered him to shake hands with his friends and another group (who were supposedly not runners), sitting underneath a mandarin tree. The Police Officer insulted them and threatened to cut their testicles. He (Sergeant Tari) then took them inside the church and put Holy Oil on their hands and made them touch the Walking Stick of the Brotherhood.
4.24 Note: As this Office understands it, the Holy Oil and the Walking Stick are special spiritual tools used in specific cases only with an upright motive and by such people as Anglican Fathers and Brotherhood (a sacred and devoted Anglican church group).
4.25 On 20 September 2001, Mr. Vira Meme Kastong Bulewag was among the group of people inside the nakamal of Nokowanet village who were ordered to run to the main road. When they were running, one member of the force pushed him from behind. He also claimed that Sergeant Tari struck him on his head once and afterwards forced him to do callisthenic exercises.
4.26 Mr. Viresang Ignatus Kavik alleged that on 20 September 2001, when the Police had ordered them to run towards the main road, the civilian Aru forced him to run by grasping his shoulder and ran with him to the main road. He fell when reaching the road. Mr. Aru continued hitting him on his head. The Police then ordered them to remove their footwear and to run approximately 2 kilometres. Chief Viresang Ignatus Kavik reported that among the callisthenic exercises the Police applied, one of them was shouting, "mi Tanmonok mi kambak", in Bislama language. At Leikavatkaimel village, they were ordered to sit down and shake hands with each other and to sit out in the sun. After this, Sergeant Tari sent them to the church to Father Headley Tabi to touch the Walking Stick. Afterwards they were taken to the nakamal and left until the next day.
4.27 Mr. Philip Bule alleged that on 20 September 2001, the Police Officers accused him of training young boys in karate. When an attempt to hit and kick him failed and he run away, Lance corporal Tari swore at him, saying "bastard" and "dipskin" (Bisalam swear word). On 22 September 2001, the next day, the Police Officers met him at Patnapi village and said that they took action against him because he was stopping people from working in their gardens. Mr. Bule, however, stated that they had never stopped anyone from working in his or her garden.
4.28 Chief Viremaso Joseph Tabimal reported the following action that the Police took against him. On 20 September 2001 while they were running, Sergeant Tari told him to shout three times that he will stop destroying the gardens of other people.
4.29 The Sergeant also asked the other people running to shout in Bislama saying "mi Tanmonok mi kambak". He did not shout because he is not a Tanmonok but when he was discovered, Sergeant Tari kicked him on his back side and called him a bastard.
4.30 When at Leikavatkaimel village, Sergeant Tari slapped him. He also alleged that at that time, the Sergeant was taking and insulting while holding a knife. He asked the people if anyone could cut the testicles of a pig and when no one answered, he said that he had cut the testicles of a man from Santo who is still alive today. The Police then put a coconut branch in the sun and told him to sit on it for one hour. Sergeant Tari also forced the Holy Oil to be placed on him and made him touch the Walking Stick. Afterwards when inside the nakamal, the Sergeant further told him not to open his mouth for one hour.
4.31 Chief Liuslala Tabimal Arthur (Chief Arthur) and Chief Vital Bulesanibo (Chief Vital) were the two people the Police had principally accused during the operation. On 20 September 2001, when they were running towards the main road at Nokowanet village, Sergeant Tari asked him if he was the one named Arthur. When he said yes, he struck him three times on the back of his head and on his forehead. The Sergeant then grasped his shirt at his chest and tore it in two. He did not know why Sergeant Tari had slapped him but he believed that it was because he was one of the main leaders of the Biltakan Council of Chiefs.
4.32 In the next incident, Sergeant Tari allegedl told him to stand while others sat. He asked if he was the one talking with senior Police Officers in Vila and Santo. When he answered yes, the Police Officer struck him on his mouth. He then asked for a knife. No one responded. He was insulting him while walking around him saying four or five times that he would cut his testicles. He then hit him on his left eye.
4.33 After this, he was taken into a small room to be interviewed and have his statement taken by Private Nakalu. Private Nakalu asked if he was the one looking for Gideon Tabius to hang him. He also asked him why he was following Chief Vital, then hit him on his head. Chief Arthur answered him saying that they were not looking for Gideon Tabius to hang him but to talk about the Penema System. Also, they were not following Chief Vital, but the way he leads. After saying this, Private Andrew Nakalu hit him on the forehead.
4.34 After this, Sergeant Tari and Chief Tanmonok Mathew Tabimal (a chief representative of Malvatumauri) told them to go inside the church house to make promises, to touch the Walking Stick and put Holy Oil on them so that they would stop practising witchcraft. The Police Officer was standing guard while Father Headly Tabi and Oswal (a man from Maewo) performed the ritual. Chief Arthur claimed that neither the Police nor Father Headly nor Mr. Oswal had any proof of wrongdoing as a basis for performing the ritual. They were then taken back to the nakamal for custody. Chief Arthur alleged that while there, they were given bones with no meat as their meal.
4.35 Chief Arthur alleged also that Tanmonok Mathew Tabi (a member of Malvatumauri) advised the Police to detain six young boys from the area of Kimreut. It is alleged that he took the action after he failed to bring Kumreut area within his ruling boundary.
4.36 On 20 September 2001, Chief Tanmonok Moses Buleuru was among the people at the nakamal of Nokowanet village who were forced to run to the main road. He alleged that when they reached the main road, Lance Corporal Gideon struck him three times and kicked him. After reaching Leikavatkaimal village from the main road of Nokowanet village, they were taken to the nakamal of Chief Mathew Tabi. He reported that when there, Private Nakalu held his moustache and was asking filthy questions. He was then taken into a small room to be interviewed and have his statement taken. Both Lance Corporal Gideon and Private Nakalu forced him to admit that he was the one who had caused the big rain, supposedly through witchcraft. Private Nakalu held his neck and squeezed it. He also took scissors and threatened to cut his moustache.
4.37 They were then taken to the Church house for Father Headley Tabi and the Anglican Brotherhood Oswal to put Holy Oil on them and to touch the Walking Stick.
4.38 Chief Tanmonok Buleuru was upset that the Police used the nakamal to detain people. According to the custom of Pentecost, the nakamal is supposed to be a place of peace.
4.39 On 21 September 2001, Chief Masten Bule was insulted at Leikavatkaimel village. Sergeant Tari ordered him and others to line up and insulted them telling them to stop eating the faeces (shit) of chief Vital. He went on further telling them not to follow chief Moses Tabi because he was already finished.
4.40 On 21 September 2001, Mr. Elvis Tabiguru alleged that he was assaulted and insulted by the Police Officers in the operation. He was summoned by the Police for practising karate, at Leikavatkaimel village. He was called into a small room and was asked if he was one of the sutdents of Phillip Bule trained in karate (point 4.27). He was then slapped twice on the left and right side of his face. Private Andrew Nakalu told him that what he did (karate) was wrong and he had to stop it. He told him to shout three times that he would stop practising karate.
4.41 Mr. Buleuru Justin alleged that on 21 September 2001, he was given a knife by Sergeant Tari and instructed him to cut the testicles of Chief Vital and Arthur. The Police Officer further insulted him saying that he was following Chiefs Vital and Arthur as if to eat their faeces.
4.42 Chief Virakin Tabi alleged that on 21 September 2001, while lining up with other chiefs, Sergeant Tari insulted Chief Vital and Arthur saying that they are like toilet paper for wiping waste. He also said that they are following Chiefs Vital and Arthur like sea lobsters and those who follow these two chiefs would have their testicles cut off and be made to eat them.
4.43 Chief Virakin Barnabas alleged that on 21 September 2001, when he arrived at Leikavatkaimel village, Sergeant Tari insulted him about Chiefs Vital and Arthur stating that neither the Police nor the Prime Minister recognised them because they are like toilet paper which, after use, is flushed down the toilet.
4.44 Mr. Bulesavian Parton alleged that on 21 September 2001, Private Nakalu took him inside a small room and struck him three times on the head. He was then forced to answer questions. Private Nakalu told him that from now on, he must not eat the faeces of Chiefs Vital and Arthur any more that is, stop following the two chiefs.
4.45 Noel Tabivahka alleged that on 21 September 2001, the Wilinsalean Council of Chiefs listed the names of people and submitted the list to the Police. He alleged that the names might have been collected by some family members of Chief Mathew Tabi, the Chief representative of Malvatumauri. He also claimed that on that day, Sergeant Tari struck him on his head.
4.46 On 21 September 2001, Liwusmal Andrew Buletik was among the people called by the Police to Chief Mathew Tabi's nakamal. They were put in two lines with males at the front and the females at the back. Mr Buletik stated that during that time, Sergeant Tari was explaining the Penama System, however, he was insulting while talking. He said that their brains (the people's) were full of faeces. He doesn’t know why the Police held them captive.
4.47 On 25 September 2001, Chief Tanmonok Moses Bulevahka alleged that when the Police operation was almost finished, the Police truck came to Kumreut village and took him. When in the truck Sergeant Tari asked him why he did not come to Leikavatkaimel village with other chiefs. When he said that he was sick, Sergeant Tari swore at him in Bislama saying "ah fak yu, yu no stap kiaman". He further asked why he and some young people were laughing at him some days passed and when Chief Bulevahka said that there were not, Sergeant Tari insulted and swore at him further saying, "ah, fak yu no stap kiaman. Yu olfala blong nating, from wanem yu no save advaesem ol yangfala". He also claimed that Sergeant Tari stopped the vehicle, told him to jump down from the vehicle and invited him to box with him, however he did not do anything. The Police Officer then told him to stop following Chiefs Vital and Arthur, telling him that if he followed these two chiefs, he would go nowhere, he had to join Wilinsalean Council of Chiefs instead. He swore at Chief Arthur saying that he "is a fucking man and cannot do anything".
4.48 When the truck came to his house, Sergeant Tari told him to stop following Chief Vital. He also told him to shout three times in Bislama, "mi kakai sitsit blong chief Vital".
4.49 On 25 September 2001, Senior Inspector Kelson Bule called the people of Nokowanet village together to the church to discuss how they could live together with Pascal Temakon in the village. Senior Inspector Bule said that if they wanted to work on the land, they had to ask Pascal Temakon, however it is said that a Magistrates Court presided over by Magistrate Jeremiah had looked into the matter twice and ruled against Pascal Temakon being the land owner.
4.50 On an unknown date, Sergeant Tari accused a transport driver named Jean Lacroix of transporting Chiefs. He ordered him to pay a fine of vt19,000 as his business licence and 2x25kg bags of rice. Mr Lacroix was too scared of the Police and paid the fine. See Annexure C.
4.51 On unknown date, an 18 year old boy named Clifford Bule alleged that he was insulted by Sergeant Tari for practising karate. The Police Officer told him to stop playing karate and rather ordered him to shout loudly four times that he would not follow Chief Vital. The Police Officer then intended to strike him with a small knife.
4.52 On an unknown date, a high ranking chief name Leo Morris alleged that he was sworn at by Sergeant John Tari and forced him to run. When he wanted to talk, the Police Officer stopped him, threatening to make him eat his faeces. When at Leikavatkaimel village, the Police slapped him. The Chief said that when inside the nakamal, he was treated like a fool and the people were laughing at him.
4.53 On an unknown date, Thomas Bule reported that he was forced into the provincial truck by the Police, who later ordered him to climb the hill on foot while the Police followed with their vehicle. He alleged that Private Philip slapped and hit him after claiming that he was laughing at him. He suffered a black swollen eye as a result. Another VMF Officer then slapped him and another, Lance Corporal Tari, kicked him in the ribs.
4.54 Mr. Anderson Tabisap alleged that when they were assembled in front of the church at Leikavatkaimel village, Private Nakalu slapped him on the left and right sides of the face. The same Officer then held his hair, bent his body downward and struck his back. He fell to the ground as a result. He spent one night in the nakamal with his wet clothes.
4.55 David Tabi reported that on an unknown date, Sergeant Tari kicked and hit him on the face, supposedly for cutting the banana plants of Chief Adam.
4.56 Morris Tabe reported the following incident which took place during a rainy day. They had just finished attending the church house and were walking home when the Police ordered them to leave their baskets outside and go to the nakamal. The Police then searched the baskets and later left them to get wet in the rain. He further told them to remain with wet clothes inside the nakamal. Mr. Tabe also reported that during that time, John Tari was threatening them with a small knife.
4.57 On an unknown date, Tanmonok Philip Tabi alleged that Sergeant Tari insulted and mocked him saying that the customary costumes he was wearing made him look stupid. The Police Officer then removed a small piece of wood from his hair saying that the object could be a witchcraft tool that he used to influence people's minds. He then struck him.
4.58 When they were running, they were ordered to remove their footwear. When he was bending down to pick up his footwear, a VMF Officer went to punch his head but missed. Chief Tanmonok Philip Tabi said that he was surprised at Sergeant Tari saying that he will cut the testicles of Chief Arthur because earlier he had said that they would not be using knives or guns in the operation.
4.59 The Police were also alleged to have imposed fines of Vt.2,000 or Vt.3,000 or red mats on people whose names were on their lists and failed to appear before them.
4.60 The Ombudsman believes that there are other unaccounted people who had suffered same treatment at the hands of Police and did not report it.
4.61 This office contacted the Police Officers concerned regarding the allegations and each respectively replied as follows:
4.61.1 This office conducted an interview with Senior Inspector Kelson Bule on 21 May 2002. See Annexure B. Apart from the answers mentioned above, he provided the following.
∑ He refused to comment on any Police actions claiming he had not authorised the use of excessive force.
∑ Said that when he was at the Police base at Leikavatkaimel village, he did not see any signs of bruises on people resulting from Police ill treatment. When the Police arrest people, they were interviewed, given proper food, well taken care of and sent back home.
∑ Denied allegations that the Police were partial in their operations.
4.61.2 The office of the Ombudsman had interview with Inspector Wilson Garae on 21 May 2002 and he informed us of the following (see
interview note on Annexure D):
∑ He was a State Prosecutor at that time and had volunteered for the operation. As such, he was more of a civilian than a Police
Officer.
∑ He was not involved in the arrest of the people. He assisted mostly in encouraging people to be honest and cooperate with
the Police
∑ He had no knowledge of Police Officers beating people.
4.61.3 Sergeant Tari responded in a letter on 27 June 2002 (see Annexure E: letter of 27 June 2002) and informed the Ombudsman of the following:
∑ He informed that they did not use guns in the operation, however, he did mentioned guns as threats to the people but not in all allegations as reported.
∑ Confirmed that he threatened people with the use of knives.
∑ Denied soliciting money from people apart from the vt.19,000 claimed as business licence and the two 25kg bags of rice.
∑ Denied forcing Father Headly Toa and Brotherhood Oswal to apply the rituals of the Walking Stick and Holy Oil to people.
∑ Made no mention of assaults or insults of which he was allegedly accused.
∑ State that the violent actions he may have used were necessary because the people of Central Pentecost were difficult to convince, pointing to the fact that majority of individuals from Central Pentecost posses witchcraft. They take advantage of the power they derive from witchcraft to guarantee their safety through difficult times.
4.61.4 Police Constable Harold Mano informed the office of the Ombudsman in an interview that he did not witness any assaults alleged to have been carried by Police Officers. He stated that he, Officer Aprimend Kende and John Iatika were in charge of investigation.
4.61.5 On 17 June 2002, Corporal George Richard responded during a telephone conversation into the matter. He refused to make any comment and asked us to contact Senior Inspector Kelson Bule to make comments. Senior Inspector Kelson Bule had refused to make any comment when we interviewed him on 21 May 2002.
4.61.6 On 5 August 2002, we interviewed Lance Corporal Joshua Tari and he informed us that (see detail in Annexure F: Interview note):
∑ He was not aware of allegations brought against him;
∑ Allegations of fighting made against him were exaggerated. He was only involved with slapping people and nothing more than that;
∑ He had no knowledge of nor had he witnessed any assaults by other Police Officers. The Police were only involved in arresting people, bringing them together and looking after them until they were released;
∑ Central Pentecost people are obstinate and that some allegations against the Police were carried out by the people themselves. For instance, some people used the name of Police to solicit money.
4.61.7 Private Andrew Nakalu and Lance Corporal John Gideon: This office conducted an interview with these two Officers on 24 June 2002. Both denied assaulting anybody during the operations. See Annexure G for interview note made.
4.62 This office did not receive response from other Officers contacted during this enquiry.
5. RESPONSES BY THOSE WITH COMPLAINTS AGAINST THEM
5.1 Before starting this enquiry, the Ombudsman notified all people or bodies complained of and gave them the right to reply. Also a working paper was provided prior to preparation of this public report to give individuals mentioned in this report another opportunity to respond
5.2 Of all the parties contacted, only the Prime Minister replied. In his response, Honorable Edward Natapei agreed with the recommendations put forward by the Ombudsman and stated that each Officers concerned should be dealt with accordingly. See Annexure I. The prime Minister did not, however, stated what action he would take to ensure that the recommendations were followed.
5.3 The following people did not respond even though they were sent with a copy of the working paper: Chief and leaders of Nokowanet village, chief and leaders of Patnapni village, chief and leaders of Leikavatkaimel village, chief and leaders of Melsisi village, chief and leaders of Kimreut village, chief and leaders of Enkul village, Mr. Gideon Tabius, Corporal George Richard, chairman of Biltakan council of chiefs, Corporal Aprimend Kende, Superintendent Willie Samuel, Major Robert Diniro Obed (Police Commissioner), Chief Mathew Tabi, Senior Inspector Kelson Bule, Private Solomon Phillip (VMF), Lance Corporal Joshua Tari (VMF), Sergeant John Tari (Police), Lance Corporal John Gideon (VMF), Police Constable Harold Mano (Police), Aru (civilian from Ambae recruited by Police to help out in the operation), Private Andrew Nakalu (VMF), Police Officer John Iatika and Inspector Wilson Garae.
6.1 Finding 1: The Ombudsman finds that there is strong evidence that the following Police Officers in the operation committed unlawful actions: Sergeant John Tari, Lance Corporal John Gideon, Lance Corporal Joshua Tari, Constable Harold Mano, Private Solomon Phillip and Private Andrew Nakalu.
6.2 Finding 2: The Ombudsman finds evidence that the above Police Officers may have breached the following Constitutional rights of the people of Central Pentecost: infringing the fundamental rights and freedom to liberty, security, freedom against inhumane treatment, freedom of conscience, expression, equal treatment under the law and protection of property from unjust deprivation.
It was found that when in the operation, the Police Officers assaulted, stopped people from talking at confrontation when they wanted to talk and acting fiercely instead of peace makers.
6.3 Finding 3: The Ombudsman finds evidence that Sergeant John Tari in particular acted improperly as a Police Officer. There is evidence that he carried out most assaults and maltreatment and may have committed breaches of sections 107, 114, 115 and 118 of the Penal Code Act [CAP 135].
Section 107 prohibit any person from intentionally assaulting another person. Section 114 provides that committing unlawful actions ordinarily or while in the course of fulfilling a legal duty, knowingly endangering to the lives, safety or health of the public or individual is an offence. Section 115 provides that it is unlawful to threaten. Section 118 provides that it is an offence to detain or confine any other person without lawful authority.
6.4 Finding 4: The Ombudsman finds evidence that the Police Officers breached section 132 of the Penal Code Act CAP 135 by demanding money and goods (red mat) from people with force.
The Police Officers in the operation were found to be forcefully asking people to pay money or give red mats if they failed to obey their orders.
6.5 Finding 5: The Ombudsman finds evidence that some Police Officers committed offences against discipline as per section 19(k) of the Police Rules under the Police Act [CAP 105] by assaulting and maltreating people whose names appeared on their list.
Section 19(k) of the Police Rules states that threats, assaults, maltreatment or negligence by Police Officers towards people in their custody constitute an offence. The Police Officers in the operation were threatening the people with being made to eat their own faeces, shooting and knife attacks.
6.6 Finding 6: The Ombudsman finds that the Police Officers may have acted unjustly and blatantly unreasonably when they forced people to touch the Walking Stick of the Brotherhood and to be rubbed with Holy Oil.
6.7 Finding 7: The Ombudsman finds evidence that the Police Officers in the operating may have been partial in their conduct of operations on Central Pentecost.
It was found that the members of Wilinsalean Council of Chiefs submitted names to the Police of people to detained; the Police were forcing people to defect from Biltakan Council of Chiefs and compelling Chiefs Arthur and Vital and join the Penama System. The Police were also found to have sided with Pascal Temakon over a land dispute at Nokowanet village even though a Magistrates Court had allegedly ruled against him.
6.8 Finding 8: The Ombudsman finds evidence that Senior Inspector Kelson Bule, the Officer in charge of the Police operation, breached section 7(4) of the Police Act CAP 105 when he failed to produce a report to the Commissioner of Police about the operation.
Under section 7(4) of the Police Act, Police Officers in charge of operation are to produce a report to the Police Commissioner. We had contact with Senior Inspector Kelson Bule on 28 November 2002 after an interview with him on May 2002 and found that he had not produce a report on the operation. He said that he will submit one copy of the report after completion, however, he never did.
6.9 Finding 9: The Ombudsman finds evidence that the civilian Aru also committed assaults on the citizens during the operations.
The Ombudsman finds that in several instances, Mr. Aru was intentionally assaulting, insulting and bullying people.
6.10 Finding 10: The Ombudsman finds evidence that Chief Tanmonok Mathew Tabi whom reports say was a member of Malvatumauri and being a leader under section 5(a) of the Leadership Code Act may have breached the principles of the Leadership Code Act when he sided with the Police and allowed his nakamal to be used to detain people.
6.11 Finding 11: The Ombudsman finds evidence that the Police Officers in the operation at Central Pentecost lied to this office about their conducts.
During the course of this investigation, the Police Officers denied all allegations of unlawful actions involved. The fact that complaints of severe brutality were reported and that the Vanuatu government performed customary peace ceremony on Central Pentecost on 23 January 2003 is strong evidence that inappropriate actions have been incurred in the operation.
Recommendation 1: The Ombudsman recommends that the Police Commissioner investigate this matter for disciplinary measures to be taken against all Police Officers involved.
Recommendation 2: The Ombudsman also recommends that the Police Commissioner and the Public Prosecutor review any issues mentioned in this report that may amount to actions that are contrary to the Penal Code and the Leadership Code Act and institute criminal proceedings against any person mentioned in this report.
Dated the 13th day of August 2003.
Hannington G ALATOA
OMBUDSMAN OF THE REPUBLIC OF VANUATU
A. News paper articles about custom ceremony on Central Pentecost organised by Central Government to solve differences following the strong unlawful actions of Police.
B. Interview note on the interview conducted between Ombudsman Office and Senior Inspector Kelson Bule.
C. Receipt issued by Jean Lacroix for the vt19,000 and two 25kg of rice the Police forced him to give.
D. Interview note on Interview conducted between the Ombudsman Office and Inspector Wilson Garae.
E. Letter of response of Sergeant John Tari.
F. Interview note on interview conducted between Ombudsman Office and Officer Joshua Tari.
G. Interview note on interview conducted between Ombudsman Office and Private Andrew Nakalu and Lance Corporal John Gideon.
H. List of some people the Police may have forcefully asked to pay money and mat as punishment.
I. Letter of response of the prime Minister to the working paper.
J. Relevant laws referred to in this report.
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