The High Court of Suva has awarded $4,000 in damages, along with interest, to a man identified as Dutt for being falsely imprisoned. This case marks a significant triumph for the Fiji Human Rights and Anti-Discrimination Commission (FHRADC), which asserts that false imprisonment occurs when individuals are unlawfully detained.
Dutt had originally been sentenced to 18 months in prison, with a minimum non-parole period of 12 months. The Commission noted that he was entitled to a six-month remission, meaning he should have been released after serving only 12 months. However, instead of receiving this remission, he ended up serving 16 months in prison.
According to the FHRADC, Dutt suffered an additional four months of imprisonment beyond his due release date. This extended confinement stemmed from a prior practice within the Fiji Correction Services, which erroneously applied remission calculations. Instead of factoring in the appropriate time off, the method resulted in Dutt receiving only two months of remission instead of the correct amount.
The Commission emphasized that when a prisoner has a non-parole period, the standard computation for remission still holds. If the non-parole period extends beyond two-thirds of the sentence, the inmate must be released at the end of the non-parole term.
This ruling not only underscores the importance of proper legal practices regarding sentencing and imprisonment but also highlights the ongoing efforts of the FHRADC to protect the rights of individuals. It serves as a reminder that the legal system is capable of correcting past injustices and ensuring fairness for all.
In a broader context, this decision could stimulate discussions regarding necessary reforms in the correctional system to prevent similar occurrences in the future, ultimately enhancing the protection of human rights in Fiji.
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