Fiji’s Corrections Crisis: Could Repealing Non-Parole Laws Ease Overcrowding?

The Fiji Corrections Service (FCS) is advocating for the repeal of the non-parole period law for convicted prisoners as a solution to the growing problem of overcrowding in correctional facilities. FCS Commissioner Jalesi Nakarawa made this appeal during a presentation to the Ministry of Justice of Japan and members of the Ministry of Justice in Fiji at the FCS coffee shop in Korovou, Suva.

During the meeting, FCS Assistant Commissioner Auta Moceisuva highlighted that the number of inmates at the Korovou facility has exceeded its capacity due to a constant influx of new prisoners. As of yesterday, the facility was housing 278 inmates, which is 78 more than its intended capacity of 200.

Moceisuva pointed out the dire situation faced by older inmates, some over the age of 60, who are unable to work due to medical conditions and highlighted the necessity of providing them with adequate care, noting that the FCS lacks the resources to manage serious medical cases.

He reiterated that abolishing the non-parole period could help alleviate some of the overcrowding. Currently, there are 980 inmates across FCS facilities serving non-parole periods, which significantly limits the ability to grant remission.

However, Acting Director of Public Prosecutions Nancy Tikoisuva disagreed with this proposal, arguing that the non-parole period is a legitimate concern of the courts. She expressed skepticism about the effectiveness of removing the non-parole period in addressing the issue.

Tikoisuva remarked that the statistics on sexual offenses reported by the FCS are lower than those compiled by the DPP, emphasizing the need for the FCS to raise community awareness regarding these issues. According to Section 27(4) of the Correction Service Act 2006, prisoners sentenced with a non-parole period are required to serve their full sentences.

Nakarawa mentioned that while the law permits the Commissioner to grant one-third remission of sentences, this has been hindered by the existence of non-parole periods, preventing the release of certain inmates. He concluded that repealing this Act would allow for the possibility of granting remission to more prisoners.

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