Fiji

Crimes Decree 2009 (decree No. 44 of 2009)

CHAPTER III — CRIMINAL OFFENCES

PART 12 — OFFENCES AGAINST THE INTERNATIONAL ORDER

Division 3 — Crimes Against Humanity

Crime against humanity—enforced disappearance of persons

95.— (2) A person (the perpetrator) commits an indictable offence if—

(a) one or more persons have been arrested, detained or abducted ; and
(b) the arrest, detention or abduction was carried out by, or with the authorisation, support or acquiescence of, the government of a country or a political organisation ; and
(c) the perpetrator refuses to acknowledge the deprivation of freedom, or to give information on the fate or whereabouts, of the person or persons ; and
(d) the refusal occurs with the authorisation, support or acquiescence of the government of the country or the political organisation ; and
(e) the perpetrator knows that, or is reckless as to whether, the refusal was preceded or accompanied by the deprivation of freedom ; and
(f) the perpetrator intends that the person or persons be removed from the protection of the law for a prolonged period of time ; and
(g) the arrest, detention or abduction occurred, and the refusal occurs, as part of a widespread or systematic attack directed against a civilian population ; and
(h) the perpetrator knows that the refusal is part of, or intends the refusal to be part of, such an attack.

Keywords

Enforced disappearance - crimes against humanity



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