The High Court of Fiji has determined that there are substantive issues to be examined in the case of Ratu Epenisa Cakobau, who is challenging his arrest by the Fiji Military Forces and police officers on June 7, 2018. This ruling allows for his claims of unlawful arrest and detention to proceed in court, marking a pivotal moment in a case that raises important questions about constitutional rights and governmental authority.
Ratu Epenisa is pursuing a legal declaration stating that he was unlawfully detained for 30 hours and is seeking damages for wrongful detention, alongside compensation for breaches of his constitutional rights. Acting Master of the High Court, Liyange Kashyapa Wickramasekara, remarked that the case is fundamentally rooted in tort law and that the defendants have not sufficiently substantiated their argument for dismissal under the Republic of Fiji Military Forces Act 1949.
The court’s decision underscores the importance of accountability in military and police operations within the framework of Fijian law, affirming the necessity for such actions to align with constitutional protections. Master Wickramasekara emphasized that the case does not fall under the military act and reiterated the rights of individuals against state actions that may constitute unlawful detention.
Additionally, this ruling stands alongside recent similar cases in Fiji, such as the High Court’s decision to award $4,000 to an individual wrongfully imprisoned, highlighting a growing judicial focus on upholding human rights and rectifying past grievances. The Fiji Human Rights and Anti-Discrimination Commission has been active in this space, advocating for individuals who have suffered from unlawful detention or imprisonment.
In a related development, the military has sought traditional forgiveness from Ratu Epenisa’s family following the traumatic arrest, which their family representatives received positively, indicating a potential path towards reconciliation. This progress may contribute to healing long-standing tensions between traditional leaders and state authorities in Fiji.
This ongoing legal battle not only seeks to address past wrongs but also sets a precedent for the treatment of individuals’ rights against state overreach, signaling a hopeful step towards strengthening legal safeguards in the country. As these discussions unfold, there is an opportunity for reform within Fiji’s justice system, ensuring that incidents of wrongful detention are addressed properly, and the rights of citizens are upheld with integrity.
Leave a comment