The High Court in Suva has ruled in favor of a man known as Dutt, awarding him damages amounting to $4,000 plus interest due to false imprisonment. This case marks a significant victory for the Fiji Human Rights and Anti-Discrimination Commission, which emphasizes that false or wrongful imprisonment occurs when someone is unlawfully detained or incarcerated.
According to the Commission’s statement, Dutt had been sentenced to an 18-month prison term, with a 12-month non-parole period. He should have been eligible for a six-month remission for good behavior, meaning he could have been released after serving just 12 months. However, he ended up serving 16 months in prison, resulting in an additional four months of imprisonment beyond his rightful release date.
The FHRADC criticized the previous practices of the Fiji Correction Services, which incorrectly calculated remission entitlements. Instead of applying the one-third remission entitlement correctly, they allowed remission only for the time remaining after the non-parole period was served, which ultimately resulted in an unjust extended confinement for Dutt.
The Commission highlighted that when a non-parole period is set, the usual remission rules still hold. If the non-parole period exceeds two-thirds of a sentence, the inmate must serve until the end of that non-parole period, but they should be released immediately thereafter.
This ruling not only restores justice for Dutt but also sets a precedent for future cases of wrongful imprisonment in Fiji. It reflects the ongoing commitment to uphold human rights and ensure that individuals are not subjected to unlawful detention. This case can foster hope for others similarly affected by legal oversights, reinforcing the importance of accurate legal interpretations and human rights protections.
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