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Illustration of $4K for false imprisonment

High Court Ruling: A Landmark Victory Against False Imprisonment in Fiji

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The High Court in Suva has ruled in favor of a man named Dutt, awarding him $4,000 plus interest for false imprisonment, marking a significant victory for the Fiji Human Rights and Anti-Discrimination Commission (FHRADC). The FHRADC highlighted that false imprisonment occurs when an individual is unlawfully detained or imprisoned by another party.

Dutt was originally sentenced to 18 months of imprisonment with a non-parole period of 12 months. However, despite fulfilling the conditions for remission due to good behavior, he was held in custody for 16 months instead of the expected 12 months. This resulted in an additional four months of confinement beyond what was warranted by his sentence.

According to the FHRADC, the prolonged imprisonment stemmed from a flawed practice within the Fiji Correction Services, which inaccurately calculated remission entitlements. The Commission stated that while inmates with a non-parole period are still eligible for remission, the existing calculation method was incorrect and failed to fully apply the one-third remission rule.

This ruling underscores the importance of correctly applying legal entitlements and the need for clarity in the correctional system to prevent similar injustices in the future. The case serves not only as a precedent for ensuring fair treatment of inmates but also reinforces the role of human rights organizations in safeguarding individual freedoms.

By addressing these systemic issues, the hope remains that the legal framework surrounding imprisonment will be improved, thereby protecting the rights of all inmates in the future.


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