The High Court of Suva has ruled in favor of a man, awarding him $4,000 plus interest for false imprisonment. This landmark decision marks a significant victory for the Fiji Human Rights and Anti-Discrimination Commission (FHRADC), underscoring the importance of addressing unlawful detention practices.
The individual involved, referred to as Dutt, was originally sentenced to 18 months in prison, with a stipulated non-parole period of 12 months. However, Dutt’s situation became more complex when it was determined that he should have been eligible for a remission of six months based on his good behavior. Instead of being released after completing his non-parole period, Dutt spent an additional four months behind bars, ultimately serving a total of 16 months.
The FHRADC clarified that the reason for this extended confinement stemmed from a flawed interpretation of remission calculations by the Fiji Correction Services, which only considered time remaining after the non-parole period had elapsed. This erroneous method meant that Dutt was unfairly denied his rightful two months of remission.
The Commission emphasizes that for inmates with a non-parole period, the calculation of remission should still apply. If the non-parole period exceeds two-thirds of the sentence, the individual should be released immediately thereafter, an approach that aligns with fair judicial practices.
This ruling not only restores justice for Dutt but also serves as a deterrent against wrongful imprisonment in Fiji. It highlights the necessity for accurate legal processes that respect individuals’ rights and ensures that such errors do not reoccur in the future.
Overall, this case exemplifies a commitment to human rights and could inspire improvements in the correctional system, ensuring that other inmates are not subjected to similar injustices.
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