The High Court of Suva has granted a man $4,000 in damages, along with interest, for his false imprisonment. This ruling marks a significant achievement for the Fiji Human Rights and Anti-Discrimination Commission (FHRADC), which emphasizes that false imprisonment occurs when an individual is unlawfully detained.
The case involves a man named Dutt, who received an 18-month prison sentence with a 12-month non-parole period. According to FHRADC, Dutt was entitled to a remission of six months. Ideally, with good behavior, he should have been released after 12 months; however, he ended up serving 16 months in total. This indicates that he was unjustly confined for an additional four months after he had already completed his term.
The FHRADC explained that the additional confinement resulted from a flawed calculation method previously used by the Fiji Correction Services, which only applied remission to the remaining sentence after the non-parole period. As a result, Dutt was only granted a mere two months of remission instead of the expected longer duration.
The Commission further clarified that when an inmate has a non-parole period, the standard calculation for remission should still be enacted. However, if the non-parole period spans more than two-thirds of the sentence, the inmate must serve until the non-parole period concludes, but should then be released immediately.
This ruling not only supports Dutt’s individual rights but also highlights the importance of ensuring fair practices within the correctional system in Fiji. It serves as a reminder of the necessity for transparent and equitable policies in order to protect the rights and freedoms of all inmates. As these discussions unfold, there is hope for reform that aligns more closely with human rights practices, ultimately enhancing the integrity of the justice system.
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