The Tongan government has advised Fiji that a former Fiji senior officer, Lieutenant Col Tevita Uluilakeba Mara, won't be extradited.
Fiji requested his extradition last month after Col Mara escaped Fiji while being on bail on a sedition charge.
A government statement issued in Nuku'alofa says a diplomatic note sent to Fiji states that due to Tongan laws, the government is unable to extradite him.
Col Mara has been issued with a Tongan passport and he has visited Australia.
As a former coup co-conspirator, he has denounced the human rights abuses by the interim regime and called for a return to democracy.
Fiji has said it will lodge an extradition request with every country which Col Mara may visit.